The Rights of Others
The Rights of Others
This chapter begins with a dissection of two legal doctrines limiting an author’s copyright: fair use and fair dealing. Where the former is notoriously loose, I argue, the latter is unwieldy (and ultimately drifts into the looseness of the former anyway). Taking up recently revived discussion of “users’ rights,” and given our understanding of copyright as a natural right, I draw an important in-principle line between justified and unjustified copying of another’s protected work. Although copyright is a natural right, I contend, it is not thus an absolute right.
Keywords: copyright, fair use, fair dealing, users' rights, conflicting rights
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