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

See all articles by Alexandra Sims

Alexandra Sims

University of Auckland Business School

Date Written: March 18, 2010

Abstract

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

Sims, Alexandra, Strangling Their Creation: The Courts’ Treatment of Fair Dealing in Copyright Law Since 1911 (March 18, 2010). Alexandra Sims, Strangling their creation: The Courts’ Treatment of Fair Dealing in Copyright Law since 1911 (2010) Intellectual Property Quarterly 192-224, Available at SSRN: https://ssrn.com/abstract=3365346

Alexandra Sims (Contact Author)

University of Auckland Business School ( email )

12 Grafton Rd
Private Bag 92019
Auckland, 1010
New Zealand

HOME PAGE: http://www.business.auckland.ac.nz/people/asim033

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