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Research . 2021
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A review of empirical evidence on copyright exceptions

Authors: Meletti, Bartolomeo;

A review of empirical evidence on copyright exceptions

Abstract

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.

Edwards, Klein, Lee, Moss and Philip 2015).31 In 2011, the Review (Hargreaves 2011)32 produces ten Corbett (2011),66 Morrison and Secker (2015),67 Hackett (2015),68 Todorova et al. (2017),69 and Hudson (2020).70 Some of these studies address specific issues faced by GLAM organisations such as the digitisation and making available of orphan works (Korn 2009;71 Vuopala 2010).72 Dickson (2010)73 and Stobo, Deazley and Anderson (2013)74 analyse GLAM digitisation projects communities, attract much academic interest: Cheliotis (2007),86 Humphreys, Fitzgerald, Banks, (2019),96 Khaosaeng (2019),97 Marshall and Shipman (2019),98 Flaherty (2020).99 research in other jurisdictions, such as Pappalardo, Aufderheide, Stevens, and Suzor (2017)105 in Australia, or more recently Meletti and van Gompel (2021)106 in the UK and the Netherlands. Other studies that explore community practices and norms are Loshin (2007)107 on magicians and Silbey domain, such as Dusollier (2010),109 Gerhardt (2014),110 Erickson, Heald, Homberg, Kretschmer and exceptions (Erickson and Kretschmer 2018;128 Brøvig-Hanssen and Jones 2021).129 misunderstood (Morrison and Secker 2015;177 Todorova et al. 2017;178 Masenya and Ngulube

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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).
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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.
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influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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