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Global Mandatory Fair Use

2020-11-24 @ 14:00 16:00 CET

Speaker: Lionel Bently

Professor Lionel Bently is the co-author of Global Mandatory Fair Use (Cambridge University Press, 2020). In this research monograph, he and Tanya Aplin make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to ‘use’ that is not limited by type of work, type of act, or purpose and it is ‘fair’ use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice.

By explaining the contours of global, mandatory fair use – and thus displacing the ‘three-step test’ as the dominant, international copyright norm governing copyright exceptions – this book creates new insights into how national exceptions should be framed and interpreted.

In this talk, Professor Bently will discuss the nature, content, and limits of the quotation right in copyright law.