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Customizing Fair Use Transplants

Author

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  • Peter K. Yu

    (School of Law and Department of Communication, Texas A&M University, Fort Worth, TX 76102, USA)

Abstract

In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the fair use model in the United States. Thus far, Israel, Liberia, Malaysia, the Philippines, Singapore, South Korea, Sri Lanka and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption. This article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model. It begins by briefly recapturing the strengths and weaknesses of legal transplants. The article then scrutinizes the ongoing effort to transplant fair use from the United States. Specifically, it identifies eight modalities of transplantation. This article concludes with five lessons that can be drawn from studying the ongoing transplant efforts.

Suggested Citation

  • Peter K. Yu, 2018. "Customizing Fair Use Transplants," Laws, MDPI, vol. 7(1), pages 1-15, February.
    • Handle: RePEc:gam:jlawss:v:7:y:2018:i:1:p:9-:d:133471
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    References listed on IDEAS

    as
    1. Tarleton Gillespie, 2007. "Wired Shut: Copyright and the Shape of Digital Culture," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262072823, April.
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