The benefits of a recognised parody exception in UK law following the Hargreaves Review of IP

Ruth Flaherty

Research output: Contribution to conferenceAbstract

Abstract

This paper discusses why parodies are important and will criticise the arguments that have been raised through the legislation and case law of the UK and the US prior to the implementation of the new law (s30A Copyright Designs and Parents Act 1988). The US Fair Use defence is more logical and offers greater protection for creativity than the UK Fair Dealing exception, but that as per the Hargreaves Report the cost of implementing it into British law is too high to be economically feasible, and as such importing the best parts of Fair Use into the Fair Dealing exception is advisable. The outcome of these cases is compared to their likely outcome under the new legislation. In conclusion, although there are improvements under the new law, it has not, and will not, benefit creativity in the area of comedic criticism as strongly as some supporters suggest.
Original languageEnglish
Publication statusPublished - 19 Aug 2016
EventEuropean Policy for Intellectual Property: 11th Annual Conference - Pembroke College, Oxford, United Kingdom
Duration: 3 Sep 20165 Sep 2016

Conference

ConferenceEuropean Policy for Intellectual Property
Abbreviated titleEPIP 2016
CountryUnited Kingdom
CityOxford
Period3/09/165/09/16

Keywords

  • copyright
  • parody
  • fair use
  • fair dealing

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