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Open AccessFeature PaperArticle

Customizing Fair Use Transplants

School of Law and Department of Communication, Texas A&M University, Fort Worth, TX 76102, USA
Received: 27 October 2017 / Revised: 11 February 2018 / Accepted: 13 February 2018 / Published: 26 February 2018
Full-Text   |   PDF [199 KB, uploaded 27 February 2018]

Abstract

In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the fair use model in the United States. Thus far, Israel, Liberia, Malaysia, the Philippines, Singapore, South Korea, Sri Lanka and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption. This article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model. It begins by briefly recapturing the strengths and weaknesses of legal transplants. The article then scrutinizes the ongoing effort to transplant fair use from the United States. Specifically, it identifies eight modalities of transplantation. This article concludes with five lessons that can be drawn from studying the ongoing transplant efforts. View Full-Text
Keywords: comparative law; copyright; fair dealing; fair use; legal reform; legal transplant comparative law; copyright; fair dealing; fair use; legal reform; legal transplant
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
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Yu, P.K. Customizing Fair Use Transplants. Laws 2018, 7, 9.

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