Better a Sword Than a Shield: The Case for Statutory Fair Dealing/Use Right as Opposed to a Defence in the Light of the Disenfranchising Effect of Digital Rights Management and Anti-Circumvention Laws

This paper endorses a reinvention of the general and flexible fair use doctrine through the simple powerful elevation of its legal status from a legal exception to that of a legal right, and identifies all the benefits that a fair use right entails.

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Bibliographic Details
Main Author: CHIK, Warren B.
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2008
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_research/821
http://dx.doi.org/10.1504/IJPL.2008.019438
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Institution: Singapore Management University
Language: English
Description
Summary:This paper endorses a reinvention of the general and flexible fair use doctrine through the simple powerful elevation of its legal status from a legal exception to that of a legal right, and identifies all the benefits that a fair use right entails.