RIDA257 |07-2018

Doctrine

Reception of british ‘fair dealing’ in the french closed system of exceptions

Jean-Michel BRUGUIERE

Code : 257-D1VF
Keywords :
Exceptions, Fair dealing

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A PLEA IN FAVOUR OF ‘FAIR DEALING’ À LA FRANÇAISE USING REVIVIFICATION OF COPYRIGHT STANDARDS (AND THE REVELATION OF THE PHILOSOPHY OF THE ‘REASONABLE’) It was long believed that the most urgent need in private law is stability and everything was sacrificed to that. Now, it is beginning to be recognised that stability is a chimaera; it cannot resist transformations in life and it is another need, more imperious and harder to achieve, that must be satisfied: the need for adaptability. (A.A. Al-Sanhoury, “Le standard juridique”, Revue internationale de droit comparé, 1970, volume 22, p. 144)

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