Patrick Masiyakurima, ‘The Public Interest Defence in Copyright Law’

ABSTRACT
The public interest defence fills gaps in statutory copyright exceptions. Initially, those gaps were illusory and they arose from an erroneous interpretation of the fair dealing defences. Later, however, real gaps emerged especially in relation to the application of the fair dealing defences to unpublished works and photographs. Granted that the public interest defence fills gaps in copyright exceptions, it should not be relied on concurrently with other defences.

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Patrick Masiyakurima, The Public Interest Defence in Copyright Law, Oxford Journal of Legal Studies. Published: 26 June 2026.

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