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Exceptions are an essential part of the copyright system. They aim to encourage innovation, serve the public interest or respond to market failures. While extensive theoretical and doctrinal research has examined the history, nature, justification, and judicial interpretation of exceptions, empirical evidence in this area of copyright law is limited. This article aims to synthesise the empirical studies on exceptions currently catalogued on the Copyright Evidence Portal. After a short introduction to the topic, the article reviews the debates and questions addressed by scholars investigating exceptions empirically. In doing so, it identifies five main areas of study: i) judicial interpretation; ii) evaluating policy options; iii) impact of exceptions; iv) public domain and incentives; and v) technology and compensation. Under each area of study, the article summarises the main findings of the catalogued studies with a view to generating a picture of existing evidence and research agendas. Finally, the article highlights recent legislative and policy developments that may suggest potential directions for future research.
citations This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 0 | |
popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
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