A Law and Economics Analysis of Fair Use Differences Comparing the US and UK

Hargreaves Review of Intellectual Property and Growth, HMSO: Intellectual Property Office, London, 2011

40 Pages Posted: 6 Jun 2011

See all articles by Antony Dnes

Antony Dnes

Hull University Business School (HUBS)

Date Written: June 6, 2011

Abstract

This paper examines fair-dealing and fair-use copyright exceptions in terms of their economic properties. A particular question in the United Kingdom is whether there would be economic advantages, in terms of promoting economic growth through the encouragement of innovative creative work, from moving to a standard substantially similar to the fair-use copyright exception doctrine1 that can be accepted by the courts in the United States as a general defence to a claim of copyright infringement. Related questions concern difficulties that might be encountered in making such a move and how these could be handled. The UK's 'fair dealing' is conventionally regarded as giving much more narrowly defined defences, rather than giving a general defence in an action for infringement. In both countries, fair use or fair dealing coexists alongside other specific copyright exceptions, which may be in place for a variety of reasons, e.g. providing Braille copies for blind people. The paper is not intended to deliver a recommendation but aims to lay out some alternatives and provide an economic commentary.

Keywords: law and economics, copyright exceptions, fair use

JEL Classification: K11, O34

Suggested Citation

Dnes, Antony, A Law and Economics Analysis of Fair Use Differences Comparing the US and UK (June 6, 2011). Hargreaves Review of Intellectual Property and Growth, HMSO: Intellectual Property Office, London, 2011, Available at SSRN: https://ssrn.com/abstract=1858704

Antony Dnes (Contact Author)

Hull University Business School (HUBS) ( email )

Hull, HU6 7RX
United Kingdom
44-1482-465875 (Phone)
44-1482-466216 (Fax)

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