Global Mandatory Fair Use

Lionel Bently has been the Herchel Smith Professor of Intellectual Property Law at the University of Cambridge since 2004. He is Co-Director of the Centre for Intellectual Property and Information Law at the University of Cambridge, and a door tenant at 11 South Square, Gray's Inn. His publications include The Making of Modern Intellectual Property Law (with Prof. Brad Sherman); Intellectual Property Law (editions 1-4, with Prof. Brad Sherman; 5th ed, with Profs Sherman, Dev Gangjee, and Phillip Johnson); Gurry on Breach of Confidence: The Protection of Confidential Information (with Prof. Aplin, Prof. Johnson and Mr Malynicz). He is General Editor of International Copyright Law and Practice (with Burton Ong), co-editor (with Martin Kretschmer) of Primary Sources on Copyright, and Editor-in-Chief of the Cambridge Law Journal. Tanya Aplin has been a Professor of Intellectual Property Law at Kings College London since 2011. She is Director of the Postgraduate Diploma in UK, EU and US Copyright Law and Co-Director of the LLM in Intellectual Property and Information Law offered by King's College London and a door tenant at Three New Square, Lincoln's Inn. Her publications include Copyright law in the digital society: the challenges of multimedia, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (7th, 8th and 9th eds, with Prof. Cornish and Prof. Llewelyn), Intellectual Property Law: Text, Cases and Materials (1st, 2nd and 3rd eds, with Dr Davis), and Gurry on Breach of Confidence: The Protection of Confidential Information (with Prof. Bently, Prof. Johnson, and Mr Malynicz). She has also edited the Research Handbook on Intellectual Property and Digital Technologies and is on the Editorial Committee of the Modern Law Review and Current Legal Problems.

1. Introduction; 2. History of article 10(1) Berne; 3. Preliminary considerations about the nature of the quotation exception; 4. Article 10(1) Berne: requirements; 5. Article 10(1) Berne: the meaning of quotation; 6. Article 10(1) Berne: fair practice; 7. Consequences of global, mandatory fair use; 8. Conclusion; Bibliography, Index.