File Download
There are no files associated with this item.
Supplementary
-
Citations:
- Appears in Collections:
Article: Copyright Law as an Engine of Public Interest Protection
Title | Copyright Law as an Engine of Public Interest Protection |
---|---|
Authors | |
Keywords | Copyright Public interest Patent law Fair use Search engines |
Issue Date | 2019 |
Publisher | Northwestern University School of Law. The Journal's web site is located at http://www.law.northwestern.edu/njtip/ |
Citation | Northwestern Journal of Technology and Intellectual Property, 2019, v. 16 n. 3, p. 123–187 How to Cite? |
Abstract | Courts around the world have been confronted with bewilderingly complex challenges in protecting the public interest through copyright law. This article proposes a public interest principle that would guide courts to settle fair use cases with better-informed decisions. I argue that the proposed principle would legally upgrade fair use from serving as an engine of free expression to serving as an engine of public interest protection. Based on comparative study of the conflicting rulings handed down by the U.S. and Chinese courts on Google Library, the article first considers the necessity of adopting the public interest principle in guiding the judicial settlement of fair use cases substantively and procedurally. The article then canvasses the two substantive legal standards to be embodied in the public interest principle. First, the principle would create a public interest use standard for courts to utilize in weighing the first fair use factor without applying the dichotomy of transformative and non-transformative use. At the same time, it would also require courts to employ the significant market harm standard when considering the fourth fair use factor. Second, the public interest principle would also modify the procedural rules concerning the assignment of burden of proof in fair use cases. It would place only the burden of proving a public interest use under the first factor on the user of a work who is the defendant in the judicial proceedings at hand. Moreover, the article also demonstrates how the public interest principle could be used to develop a meaningful alternative that bridges the gaps between the fair use and fair dealing doctrines. By largely preserving the existing attributes of both, the principle would serve as a commonly shared principle for adjudicating cases and developing further legislative reforms in both fair use and fair dealing jurisdictions. |
Persistent Identifier | http://hdl.handle.net/10722/305824 |
ISSN |
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Sun, H | - |
dc.date.accessioned | 2021-10-20T10:14:50Z | - |
dc.date.available | 2021-10-20T10:14:50Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | Northwestern Journal of Technology and Intellectual Property, 2019, v. 16 n. 3, p. 123–187 | - |
dc.identifier.issn | 1549-8271 | - |
dc.identifier.uri | http://hdl.handle.net/10722/305824 | - |
dc.description.abstract | Courts around the world have been confronted with bewilderingly complex challenges in protecting the public interest through copyright law. This article proposes a public interest principle that would guide courts to settle fair use cases with better-informed decisions. I argue that the proposed principle would legally upgrade fair use from serving as an engine of free expression to serving as an engine of public interest protection. Based on comparative study of the conflicting rulings handed down by the U.S. and Chinese courts on Google Library, the article first considers the necessity of adopting the public interest principle in guiding the judicial settlement of fair use cases substantively and procedurally. The article then canvasses the two substantive legal standards to be embodied in the public interest principle. First, the principle would create a public interest use standard for courts to utilize in weighing the first fair use factor without applying the dichotomy of transformative and non-transformative use. At the same time, it would also require courts to employ the significant market harm standard when considering the fourth fair use factor. Second, the public interest principle would also modify the procedural rules concerning the assignment of burden of proof in fair use cases. It would place only the burden of proving a public interest use under the first factor on the user of a work who is the defendant in the judicial proceedings at hand. Moreover, the article also demonstrates how the public interest principle could be used to develop a meaningful alternative that bridges the gaps between the fair use and fair dealing doctrines. By largely preserving the existing attributes of both, the principle would serve as a commonly shared principle for adjudicating cases and developing further legislative reforms in both fair use and fair dealing jurisdictions. | - |
dc.language | eng | - |
dc.publisher | Northwestern University School of Law. The Journal's web site is located at http://www.law.northwestern.edu/njtip/ | - |
dc.relation.ispartof | Northwestern Journal of Technology and Intellectual Property | - |
dc.subject | Copyright | - |
dc.subject | Public interest | - |
dc.subject | Patent law | - |
dc.subject | Fair use | - |
dc.subject | Search engines | - |
dc.title | Copyright Law as an Engine of Public Interest Protection | - |
dc.type | Article | - |
dc.identifier.email | Sun, H: haochen@hku.hk | - |
dc.identifier.authority | Sun, H=rp01270 | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.hkuros | 328059 | - |
dc.identifier.volume | 16 | - |
dc.identifier.issue | 3 | - |
dc.identifier.spage | 123–187 | - |
dc.identifier.epage | 123–187 | - |
dc.publisher.place | United States | - |