"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" by Warren B. CHIK

Selected Works of Warren Bartholomew CHIK

Article

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

International Journal of Private Law

Warren B. CHIK, Singapore Management University

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Publication Type

Journal Article

Publication Date

1-2008

Abstract

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.

Keywords

intellectual property; information technology; copyright law; statutory fair use; infringement; defence; exception; digital rights management; DRM; anti-circumvention

Discipline

Intellectual Property Law

Identifier

10.1504/IJPL.2008.019438

Publisher

InderScience

Additional URL

http://dx.doi.org/10.1504/IJPL.2008.019438

Citation Information

Warren B. CHIK. "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" International Journal of Private Law Vol. 1 Iss. 1/2 (2008) p. 157 ISSN: 1753-6235
Available at: http://works.bepress.com/warren_chik/25/