ABSTRACT
No one uses small parts or portions of a work to compete with the owner of copyright. De minimis uses therefore hardly ever substitute for the original. In almost all thinkable scenarios, de minimis uses reflect some creative element. For that reason, providing breathing space for de minimis uses, and especially so in the context of participation on platforms, remains important. De minimis uses are not only proximate to other permitted uses, such as for the purpose of parody, pastiche, caricature or quotation. The paper provides a general critique on the often extensive notion of ‘property’ to justify the extension of control rights to small parts, and the ensuing constraints on the freedom to engage in referential and intertextual uses.
Westkamp, Guido, Licensability as Property? (July 18, 2021) in Gustavo Ghidini and Valeria Falce (eds), The Future of IP – Reform Proposals (Cheltenham: Edward Elgar Publishing 2022).
First posted 2022-04-07 12:15:34
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