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... for subsequent works. It is logical to assume thatsincreasing the number of works available also stimulates the creation of more works. CitingsScotchmer’s (1991) study proving this point for patents =-=[18]-=-, Varian argues that it is equally applicablesto copyright [14]. But the important point for stimulating creation is not simply that these works exist,sbut that people have access to them. The creatio...

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...the number of works available also stimulates the creation of more works. CitingsScotchmer’s (1991) study proving this point for patents [18], Varian argues that it is equally applicablesto copyright =-=[14]-=-. But the important point for stimulating creation is not simply that these works exist,sbut that people have access to them. The creation and dissemination of works is not the ultimate goalsof copyri...

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...derutilized.” [7].sAgainst this background copyright policy needs to be a delicate balancing act. Economic incentivessto create must be balanced against providing adequate access to information goods =-=[8]-=-. From a publicspolicy perspective, it is critical to avoid this anti-commons effect and maintain a balance in copyright.sA number of limitations and exceptions to exclusive copyrights have been an es...

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...rds to copyright law has been argued to support the social values ofsdemocratic society [24], balance the public interest with authors’ and promote free speech [25], rectifyscopyright market failures =-=[26]-=-, enable creators to build on the work of others [12] and accommodatesestablished social practices [27].s2.4. Fair Use Classes, Private Copying and InnovationsThe value of copying technologies to cons...

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...e in special circumstances. Fair use enables valuable uses ofscopyrighted works in circumstances when the value of a use is less than the transaction costs involvedsin negotiating a license agreement =-=[16]-=-. Fair use thus exists to balance user and rightholder interests inscopyright, securing a healthy environment to promote the advance of science and the arts.sLaws 2014, 3 331s2.3. Fair Use and Private...

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...]. Using a differences-in-differences approach, Lerner shows that decisionssregarding the scope of copyright protection can have significant impacts on investment and innovationsin technology markets =-=[42]-=-.sThis argument is echoed by Von Lohmann, who suggests that, by insulating private copying fromsinfringement liability, fair use attracts investment to copying technologies that are highlyscomplementa...

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... and the promotion of its efficient use [21].sScholars suggest that when private copying encourages widespread use it can increase total welfareseven if this results in fewer originals being produced =-=[22]-=-.sIt has been argued that exceptions and limitations to copyright law have an important impact on thesdissemination of information and the rate of innovation in modern economies because they establish...

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... anti-commons:s“when multiple owners have the right to exclude others from taking advantage of a scarce resource,sand no one has an enforceable privilege of use, the resource might be underutilized.” =-=[7]-=-.sAgainst this background copyright policy needs to be a delicate balancing act. Economic incentivessto create must be balanced against providing adequate access to information goods [8]. From a publi...

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...ouraging the public use of those works [9]. Economists identified long ago that there may be astrade- off between the incentives to create intellectual property and the promotion of its efficient use =-=[21]-=-.sScholars suggest that when private copying encourages widespread use it can increase total welfareseven if this results in fewer originals being produced [22].sIt has been argued that exceptions and...

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... copying constitutes a crime [32] As copyright’s legal framework diverges from actualsconsumer practices, consumers do not realize that they may act against the law when illegallysdownloading content =-=[33]-=-.sAcademic work on fair use tends to focus on three different classes of problems: (1) productive usesin which the use is unauthorised but “productive”, such as use of copyrighted material for documen...

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...ate theseconomic impact of fair use, once other macroeconomic factors are accounted for.s2. Copyright: A Balance of InterestssThe existence of enforceable copyright permits trade in creative contents =-=[3]-=-. The rationale is that,swithout legal protection, authors would not be able to profit from their efforts and publishers wouldsnot be able to recoup the investment necessary to produce and distribute ...

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...e of copyright infringement and thus increase the social value of copyrighted goods tosusers. To provide safeguards to copyright law has been argued to support the social values ofsdemocratic society =-=[24]-=-, balance the public interest with authors’ and promote free speech [25], rectifyscopyright market failures [26], enable creators to build on the work of others [12] and accommodatesestablished social...

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...n andsnon-excludable. This means that one person’s use of information does not stop another’s use of itssimultaneously and that it is very difficult to exclude others from the use of this information =-=[4]-=-.sInformation can be freely copied and distributed on a huge scale at virtually zero marginal cost. Perfectscopies of books, films, and songs are now regularly distributed on the Internet. This challe...

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...ghted goods tosusers. To provide safeguards to copyright law has been argued to support the social values ofsdemocratic society [24], balance the public interest with authors’ and promote free speech =-=[25]-=-, rectifyscopyright market failures [26], enable creators to build on the work of others [12] and accommodatesestablished social practices [27].s2.4. Fair Use Classes, Private Copying and InnovationsT...

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...mplify fair use by attempting to establishspresumptions (a) that commercial uses are unfair; (b) favoring plaintiff’s unpublished works; (c) thatsworks must be transformative to constitute fair use” (=-=[40]-=-, p. 4). In a Singaporean context it seemsshowever that the introduction of fair use provided so far an enhanced solution to the restrictivessystem innovators faced before. To what extent the existing...

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...30]. This has resulted in a sense of entitlement to make privatescopies [3]. There is a growing public attitude that favours the unauthorized duplication of copyrightedsworks in certain circumstances =-=[31]-=-. It may reflect the fact that though the revenue loss to industry as asresult of private copying remains insufficiently quantified, the average consumer is not aware of thesfact that illegal copying ...

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... exceptions to copyright law, has not been adequately captured tosdate 1. Recent studies have investigated the contribution of copyright and fair use industries in thescontext of the national economy =-=[1,2]-=-. These approaches quantify the economic value of fair use bysreference to the industries that rely on it. Though this work yields useful quantitative measures of fairsuse-related industries, it does ...

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...mitations to copyright law have an important impact on thesdissemination of information and the rate of innovation in modern economies because they establishslimits to the exclusive rights of authors =-=[23]-=-. They also protect a number of legitimate uses of a worksfrom the charge of copyright infringement and thus increase the social value of copyrighted goods tosusers. To provide safeguards to copyright...

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...he four factor test (presented below), which outlines the factors that courts must consider whensjudging if a particular use of a copyrighted work is fair, and thus exempt from infringement liability =-=[10]-=-.sFlexible fair use statutes enable the doctrine to adapt to new circumstances and technologies withoutssubstantial legislative revision. This is an important benefit of flexibility in fair use that m...

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...interests inscopyright, securing a healthy environment to promote the advance of science and the arts.sLaws 2014, 3 331s2.3. Fair Use and Private CopyingsFair use facilitates access to existing works =-=[17]-=-.Copyrighted works are never simply outputs of thescreative process but are also an important input for subsequent works. It is logical to assume thatsincreasing the number of works available also sti...

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...aturated environments where information is transmitted on digital networks. Fairsuse enables us to “stand on the shoulders of giants” by implicitly recognizing that ideas are almostsalways derivative =-=[20]-=-. Fair use enables copyright to simultaneously fuel the creation of works whilesalso encouraging the public use of those works [9]. Economists identified long ago that there may be astrade- off betwee...

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...he public interest with authors’ and promote free speech [25], rectifyscopyright market failures [26], enable creators to build on the work of others [12] and accommodatesestablished social practices =-=[27]-=-.s2.4. Fair Use Classes, Private Copying and InnovationsThe value of copying technologies to consumers rests on their ability to unlock new value fromscopyrighted works: each technology relies on, and...

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... ansAnglo-Saxon common law tradition and has moved from a very restrictive approach to limitations andsexceptions to copyright law to a much more flexible system in 2005 based on the five-factor test =-=[44]-=-.sUnder the 1911 Imperial Copyright Act limitations and exceptions to copyright law were narrowlysdefined; essentially protecting fair dealings only for private study or research. There was no scope f...

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... exceptions to copyright law, has not been adequately captured tosdate 1. Recent studies have investigated the contribution of copyright and fair use industries in thescontext of the national economy =-=[1,2]-=-. These approaches quantify the economic value of fair use bysreference to the industries that rely on it. Though this work yields useful quantitative measures of fairsuse-related industries, it does ...

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...d songs are now regularly distributed on the Internet. This challenge issbecoming increasingly problematic due to new copying technologies and is expressed in thesappropriability problem in copyright =-=[5]-=-.sCopyright has increasingly contributed to the evolution of what [6] termed the anti-commons:s“when multiple owners have the right to exclude others from taking advantage of a scarce resource,sand no...

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... issbecoming increasingly problematic due to new copying technologies and is expressed in thesappropriability problem in copyright [5].sCopyright has increasingly contributed to the evolution of what =-=[6]-=- termed the anti-commons:s“when multiple owners have the right to exclude others from taking advantage of a scarce resource,sand no one has an enforceable privilege of use, the resource might be under...

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...ers including highstransaction costs, externalities, non-monetizable benefits—such as strengthening freedom ofsexpression and increasing public access to heritage works—and anti-dissemination motives =-=[15]-=-.sAcademics conceptualize copyright law as being strongly rooted in market failure theory, which issfirmly grounded in neoclassical economics. This approach supports strong, centralized property right...

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... rights ofsrightholders. This is justified on the basis that some uses of copyrighted works should not require thespermission of the rightholder or that some markets should not be under their control =-=[9]-=-. Fair usesachieves a balance in copyright between various interest groups, promoting the diffusion of informationswithout eliminating incentives to create it. In this sense it is bound to competition...

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...ocial values ofsdemocratic society [24], balance the public interest with authors’ and promote free speech [25], rectifyscopyright market failures [26], enable creators to build on the work of others =-=[12]-=- and accommodatesestablished social practices [27].s2.4. Fair Use Classes, Private Copying and InnovationsThe value of copying technologies to consumers rests on their ability to unlock new value from...

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...ital technologies stimulates thesLaws 2014, 3 332sgrowth of a much larger group of potential fair users that are drawn to the reproductive, distributivesand adaptive power of new copying technologies =-=[29]-=-.sPrivate copying, whether for social reasons (sharing works with relatives and friends), forsbacking-up information, or for space- or time-shifting, is an integral aspect of using digital contentsfro...

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...social reasons (sharing works with relatives and friends), forsbacking-up information, or for space- or time-shifting, is an integral aspect of using digital contentsfrom the perspective of consumers =-=[30]-=-. This has resulted in a sense of entitlement to make privatescopies [3]. There is a growing public attitude that favours the unauthorized duplication of copyrightedsworks in certain circumstances [31...

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... fact that though the revenue loss to industry as asresult of private copying remains insufficiently quantified, the average consumer is not aware of thesfact that illegal copying constitutes a crime =-=[32]-=- As copyright’s legal framework diverges from actualsconsumer practices, consumers do not realize that they may act against the law when illegallysdownloading content [33].sAcademic work on fair use t...

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... produced at their optimum level (or at all). Moore thus proposes anothersrationale for fair use: it maintains “incentives to invest in new technologies that create new markets forscopyrighted works” =-=[41]-=-. Using a differences-in-differences approach, Lerner shows that decisionssregarding the scope of copyright protection can have significant impacts on investment and innovationsin technology markets [...

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...ts or news. A parody for the sake of humor orsself-expression was not covered. The taping of broadcasting programs for the purpose of time-shiftingswas also not covered by its fair dealing approaches =-=[45]-=-.sEven after 1987 the Singaporean courts maintained a restrictive definition of research, which wassonly expanded to include “for profit” research when Singapore became a signatory of the TRIPSsAgreem...

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...ndment Act came into force and expanded the protection afforded to copying for researchspurposes. Most importantly, Singapore adopted an open ended approach to exceptions and limitationssto copyright =-=[46,47]-=-.sLaws 2014, 3 335s2.6. Fair Dealing Introductions to the Singapore Copyright ActsFor the purposes of this study, the most important amendment of the Singapore Copyright Act issclause III.35. Fair dea...

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...ndment Act came into force and expanded the protection afforded to copying for researchspurposes. Most importantly, Singapore adopted an open ended approach to exceptions and limitationssto copyright =-=[46,47]-=-.sLaws 2014, 3 335s2.6. Fair Dealing Introductions to the Singapore Copyright ActsFor the purposes of this study, the most important amendment of the Singapore Copyright Act issclause III.35. Fair dea...