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

• Main Author: CHIK, Warren B.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2008
• Subjects: intellectual property; information technology; copyright law; statutory fair use; infringement; defence; exception; digital rights management; DRM; anti-circumvention; Intellectual Property Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/821; http://dx.doi.org/10.1504/IJPL.2008.019438
• Institution: Singapore Management University

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.