University of Cambridge > > CIPIL Seminar Series > Fair Quotation and Fair Use: Appropriation Art, Data-mining, and Google Books

Fair Quotation and Fair Use: Appropriation Art, Data-mining, and Google Books

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In October 2014, the UK introduced a new exception to copyright permitting “fair dealing” by way of quotation. In contrast to the prior law, the availability of the exception is not predicated on the existence of any particular purpose that a “quotation” must serve. This may bring UK law considerably closer to US law, which has long implemented a broad “fair use” defence codified (from judge-made law) in its 1976 Act. The precise effect of the change in the UK, however, depends on what courts come to understand by the term “quotation” and the extent to which the concept of “fairness” is understood in the same way in the UK as in the US. Taking US fair use cases, including the recently decided Google Books case, we will discuss why the US courts ruled the uses non-infringing, and how British courts might react to similar controversies. *

Professor Jane Ginsburg FBA is Morton L Janklow Professor of Literary and Artistic Property Law at Columbia University in the City of New York and an Honorary Fellow of Emmanuel College, Cambridge. She is the inaugural CIPIL Visiting Fellow.

Professor Lionel Bently is Director of CIPIL in the Faculty of Law, and a Professorial Fellow, Emmanuel College, Cambridge.

This talk is part of the CIPIL Seminar Series series.

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