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The global future of cultural institutions, information industries, and individual creative work hinges, in part, on present decisions about the scope and character of copyright exceptions and limitations. Almost everyone agrees that modern copyright law needs to be flexible in order to accommodate rapid technological change and evolving media uses. In the United States fair use is the flexible instrument of choice. Author’s rights systems in Europe are generally deemed to be less flexible and less tolerant to open-ended limitations and exceptions. But are they really?
This lecture makes the case that (1) author’s rights systems can be made as flexible as common law copyright systems, and (2) that the existing EU legal framework does not preclude the development of flexible norms at the national level.
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