The art of writing is the art of discovering what you believe.
Gustave Flaubert

Thursday 4 July 2013

Arnold's Principle

The principle that it is generally preferable to operate on the basis of clear permission (however granted) to use a copyright work than to rely on a limitation of the copyright owner's remedies. It was elaborated by Sir Richard Arnold at a seminar at the Institute of Brands and Innovation Law, University College London, on 31 October 2012, in a question in which he highlighted the difference between the "limitations" approach taken in (abortive) US legislation on orphan works and the "permissions" approach taken the EU directive. He ventured the opinion that an institution like the British Library would rather rely on the latter than the former. As for naming the principle after (or in American English "for") Sir Richard, who could well be merely the first person I heard state it, that is down to me, exercising my licence as a lexicographer. I hope (as I did in the case of the verb "to bogart") that others will see fit to take it up.

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