Open Culture and Copyright: CREATe IP Summer Summit 2017

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News Article

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[keynote] The Summit ran the gamut of what ‘openness’ can mean within society, as well as the potential benefits it brings. Peter Jaszi from the American University gave the keynote of the Summit, presenting on fair use as a driver in promoting openness within the U.S. jurisdiction. Professor Jaszi argued that the fair use doctrine makes the U.S. economy far more competitive than jurisdictions that employ a closed system of fair dealing. This is exemplified in text and data-mining; the fair use doctrine provided sufficient flexibility to allow for text and data-mining activities to take place in the U.S., whereas within the E.U. for example, text and data-mining exceptions are still being discussed after a dialogue of numerous years (for more, see this IPKat post). It is the flexible nature of the fair use doctrine that promotes a more ‘open’ agenda within the U.S. economy, while jurisdictions that employ a closed list of exceptions and limitations may have a tendency of lagging behind when new innovations are made.

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The 1709 Blog