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2023
- handle: 10670/1.kyn9oj
- hal: hal-04513141
- doi: 10.61238/ijipl.2023v1303
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info:eu-repo/semantics/altIdentifier/doi/10.61238/ijipl.2023v1303
http://creativecommons.org/licenses/by-nc-nd/ , info:eu-repo/semantics/OpenAccess
Mots-clés
Copyright Law Copyright Balance Colonialism Fair Dealing User Rights Language Critical Legal Studies (CLS) intellectual historySujets proches
Balance Balancing (Physics) Balance (Physics) BalanceCiter ce document
Lokesh Vyas, « Taking Copyright's "Balance" too Seriously », Archive ouverte de Sciences Po (SPIRE), ID : 10.61238/ijipl.2023v1303
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Résumé
Copyright’s ‘balance’ metaphor, which allegedly originated in a 1785 British case of Sayre vs. Moore has evaded exhaustive historical research. Although the topic of why and how to achieve “balance” in copyright legislation and adjudication is perhaps the most common topic of copyright scholarship, there is little scholarship that traces its genealogy in copyright law, especially in the Indian context and examines the impact of its use on knowledge governance. This present essay aims to contribute in this regard hoping to fill this gap to some extent or at the very least, underscore the gap more prominently. I make three claims: 1.) The roots of copyright’s “balance” talk are in colonialism, and the balance talk only reifies those roots by presenting a fake naturality of the system; 2.) There exists no clarity regarding what is to be balanced, whether on a national or international level, and neither historically nor contemporarily. Thus, what ultimately gets "balanced" are the self-certified values of access and incentive which in turn share a deep connection with the dominant trade policy narrative.