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dc.contributor.advisorKingsbury, Anna
dc.contributor.authorGreer, Shelley Elizabeth
dc.date.accessioned2016-12-12T22:45:01Z
dc.date.available2016-12-12T22:45:01Z
dc.date.issued2016
dc.identifier.citationGreer, S. E. (2016). Copyright Law in New Zealand: Should We Adopt Fair Use? (Thesis, Master of Laws (LLM)). University of Waikato. Retrieved from https://hdl.handle.net/10289/10806en
dc.identifier.urihttps://hdl.handle.net/10289/10806
dc.description.abstractCopyright exceptions limit the rights of copyright owners to control the reproduction, distribution, performance and display of their works. Fair use and fair dealing are models of statutory copyright exceptions that developed from the same body of common law in the United Kingdom. Fair use is found in the United States of America and several other jurisdictions. It involves an assessment of the fairness of the use of a copyrighted work and is characterised by its inherent flexibility. Fair dealing is found in a number of Commonwealth jurisdictions, including New Zealand, and also involves an assessment of the fairness of the use. However, in order for a use to constitute a fair dealing, the use must first fall within the scope of certain enumerated purposes. Accordingly, fair dealing is more restrictive than fair use, less able to adapt to new technologies and is more likely to limit uses of copyrighted works that do not harm copyright owner’s markets. In response to rapid advances in digital technology a number of fair dealing jurisdictions have recently expanded their copyright exceptions with some, such as Australia and Ireland, recommending the adoption of fair use. The advantages of fair use are numerous and extensive. These advantages include that fair use promotes the objective of copyright, is flexible and technology neutral, is sufficiently certain, aligns with public expectations and uses of copyright and complies with international treaties and trade agreements. Accordingly, this paper argues that New Zealand should adopt a fair use exception into its copyright law.
dc.format.mimetypeapplication/pdf
dc.language.isoen
dc.publisherUniversity of Waikato
dc.rightsAll items in Research Commons are provided for private study and research purposes and are protected by copyright with all rights reserved unless otherwise indicated.
dc.subjectcopyright
dc.subjectfair dealing
dc.subjectfair use
dc.titleCopyright Law in New Zealand: Should We Adopt Fair Use?
dc.typeThesis
thesis.degree.grantorUniversity of Waikato
thesis.degree.levelMasters
thesis.degree.nameMaster of Laws (LLM)
dc.date.updated2016-09-01T20:31:49Z


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