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Program on Information Justice and Intellectual Property

Transplanting Fair Use

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Niva Elkin-Koren, Neil Weinstock Netanel, and Peter Yu

September 25, 2020 | 9:30am EST

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Speakers:

Abstract:

The South African President recently sent a Copyright Amendment Bill back to Parliament, including a reservation that it’s proposed “hybrid” fair use right with specific exceptions would violate the international 3-step test. The rejection of the Bill was motivated in part by US industry and official opposition. In this event, we will feature public presentations of scholars from the Global Expert Network on Copyright User Rights that examine the trend toward hybrid fair use exceptions and the premises of US industry and government opposition.

Background:

Peter K. Yu, Fair Use and Its Global Paradigm Evolution, 2019 U. Ill. L. Rev. 111 https://ssrn.com/abstract=3206464 

Peter K. Yu, Customizing Fair Use Transplants, 7(1) Laws 9 (2018) https://ssrn.com/abstract=3052158 

Niva Elkin-Koren and Neil Weinstock Netanel, Transplanting Fair Use across the Globe: A Case Study Testing the Credibility of U.S. Opposition (May 11, 2020). Hastings Law Journal, Forthcoming https://ssrn.com/abstract=3598160