Consequently, the open-ended nature of the fair use doctrine must be considered as a positivefactor, particularly insofar as it facilitates innovation. The alternative
specific fair dealingexceptions
creates a situation where the law will lag behind technology and will give rightsholders an effective veto on the development of new products and services. In this regard,DRI would refer to and adopt the comments made by Google in its submission to theHargreaves Review, where it notes that:
―Without a robust fair use doctrine… many of the online platforms for creativity and research that we
take for granted might never have made it off the ground. MP3 players such as the iPod, VCR and DVDplayers, and search engines such as Google are all fundamentally grounded in the US Fair Use regime
that enables innovation.‖
DRI therefore recommends that steps are taken to pursue the development of a fair useexception at EU level.
Developing domestic fair dealing exceptions
DRI would refer to and adopt the conclusions of the Hargreaves Review in relation todeveloping domestic copyright exceptions so far as permitted by the Information SocietyDirective, in particular the recommendations that specific exceptions are adopted in respect of format shifting, parody and pastiche.
In 2008 Prof. James Boyle said of the Database Directive that:
―The facts are now in. If the European Database Directive were a drug, the government would be
pulling it from the market un
til its efficacy and harmfulness could be reassessed.‖
At p. 5.
Digital Opportunity: A Review of Intellectual Property and Growth
(HMSO, 2011), pp. 48-50.
The Public Domain
(CSPD, 2008), p. 217.