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By Robert Burrell

This e-book was once first released in 2005. Copyright 'exceptions' or 'users' rights' became a hugely debatable element of copyright legislation. so much lately, Member States of the eu Union were compelled to amend their platforms of exceptions in order to conform to the data Society Directive. Taking the newly amended united kingdom laws as a case learn, this publication examines why copyright exceptions are helpful and the forces that experience formed the current legislative regime within the united kingdom. It seeks to extra our figuring out of the exceptions by means of combining certain doctrinal research with insights won from quite a number different resources. The relevant argument of the publication is that the UK's present procedure of 'permitted acts' is way too restrictive and for that reason is in pressing desire of reform, yet that ironically the knowledge Society Directive issues the best way in the direction of a way more passable method.

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Freedom of expression extends not merely to the ability to convey a general message, but also to the ability to convey particular subtleties and nuances. 19 As regards visual works, such as paintings, photographs and films, the claim is entirely unpersuasive. Second, even on the assumption that a means of conveying exactly the same message exists, to suggest that the potential defendant will, 13 14 18 19 See Skybase Nominees v. Fortuity (1996) 36 IPR 529, 531: ‘the fact that another work deals with the same ideas or discusses matters of fact also raised in the work in respect of which copyright is said to subsist will not, of itself, constitute an infringement.

27 The European Court of Human Rights has also shown a willingness to intervene in the copyright field. In News Verlags v. Austria28 the Court held that the prohibition on the publication of photographs of a person suspected of terrorist offences under the right to privacy in images of persons guaranteed under the Austrian Copyright Act 1936 violated Article 10 of the European Convention on Human Rights. 29 25 26 27 28 29 See Cala Homes (South) v. Alfred McAlpine Homes East [1995] FSR 818, 835–6.

1997). These decisions are discussed in detail by Hugenholtz: B. Hugenholtz, ‘Copyright and Freedom of Expression in Europe’, in N. Elkin-Koren and N. ), The Commodification of Information (The Hague: Kluwer Law International, 2002), pp. 258–61, who argues that the Commission in these cases ‘sidestepped the essence of the conflict between copyright and Article 10’. Eldred v. Ashcroft 537 US 186 (2003), 220–1. For an informative discussion of this aspect of Eldred see S. McJohn, ‘Eldred’s Aftermath: Tradition, the Copyright Clause, and the Constitutionalization of Fair Use’ (2003) 10 Michigan Telecommunications and 24 Copyright and freedom of expression Despite the fact that judicial reliance on the idea/expression dichotomy appears be waning, this has not led courts to throw open the question of how copyright protection impacts upon freedom of expression.

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