INTELLECTUAL PROPERTY LAW : COPYRIGHT, CREATIVITY AND THE PUBLIC INTEREST IN THE UK

The essay examines UK copyright law as a policy driven framework that seeks to balance creativity incentives with public interest amid digital disturbances. It critically assess the shift of benefits from authors to intermediaries and the limitations of fair dealing exceptions. The core thesis moves forward with the ultimate copyright, being rooted in the Copyright, Designs and Patents Act 1988, functioning as a regulatory tool rather than a natural right, justified by economic incentives and moral rights but constrained by public access needs. The examination argues that the legitimacy depends on maintaining equilibrium, where exclusive rights allow innovation without hindering knowledge dissemination, education and cultural reuse. The combination of digital technologies and current UK copyright regulations creates additional difficulties because digital technologies enable users to copy and share content without restrictions while current enforcement systems fail to keep up with these digital practices. The fair dealing exceptions allow research and criticism to be used under certain conditions, but judges' narrow interpretations make it difficult for people to use these exceptions in modern digital environments. Intermediaries through their platform operations now obtain economic advantages, which prevents authors from receiving their fair share of profits, so copyright needs to undergo reforms that establish public interest as the new standard for its application.