University of New South Wales Faculty of Law Research Series

University of New South Wales Faculty of Law Research Series 2008

 

On clarifying the role of originality and fair use in 19th century UK jurisprudence: appreciating "the humble grey which emerges as the result of long controversy"

Kathy Bowrey, University of New South Wales

Article comments

This paper may be referenced as [2008] UNSWLRS 58.

Abstract

Understanding nineteenth century precedent is one of the more difficult tasks in copyright today. This paper considers why the nineteenth century cases and treatises failed to clearly identify what the author owns of “right” and the implications for the criterion of originality and for determining infringement today.

Subject Area

Intellectual Property Law

Recommended Citation

Kathy Bowrey, "On clarifying the role of originality and fair use in 19th century UK jurisprudence: appreciating "the humble grey which emerges as the result of long controversy"" (October 2008). University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series 2008. Working Paper 58.
http://law.bepress.com/unswwps/flrps08/art58

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