Strangling Their Creation: The Courts’ Treatment of Fair Dealing in Copyright Law Since 1911
Alexandra Sims, Strangling their creation: The Courts’ Treatment of Fair Dealing in Copyright Law since 1911 (2010) Intellectual Property Quarterly 192-224
56 Pages Posted: 3 May 2019
Date Written: March 18, 2010
This paper examines the fair dealing exceptions in copyright law from 1911. There is a perception by many that in contrast to the generous treatment of copyright owners by the legislature and the courts, the fair dealing exceptions were and still are treated extremely narrowly. In this paper I argue this perception of the narrowness of fair dealing is accurate. Moreover, despite fair dealing being created by the courts, the courts were instrumental in narrowing its scope.
Keywords: copyright, fair dealing, private study, quotation
JEL Classification: K29, P14
Suggested Citation: Suggested Citation