International Copyright Principles, Law, and Practice

by Goldstein, Paul; Hugenholtz, P. Bernt

• ISBN13: 9780199794294
• ISBN10: 0199794294
• Edition: 3rd
• Format: Paperback
• Copyright: 2012-11-15
• Publisher: Oxford University Press

Summary

International Copyright: Principles, Law, and Practicesurveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectable subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms. International Copyrightis an indispensable reference work for professionals involved with international copyright transactions or litigation, and is essential reading for copyright scholars.

Author Biography

Paul Goldstein currently serves as Of Counsel at Morrison & Foerster in their intellectual property group and has been regularly included in Best Lawyers in America. He has served as chairman of the U.S. Office of Technology Assessment Advisory Panel on Intellectual Property Rights in an Age of Electronics and Information, has been a visiting scholar at the Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law in Munich, Germany, and was a founding faculty member of the Munich Intellectual Property Law Center. In addition, before joining the Stanford Law School faculty in 1975, he was a professor of law at the State University of New York at Buffalo Law School. A globally recognized expert on intellectual property law, Professor Goldstein is the author of an influential four-volume treatise on U.S. copyright law and a one-volume treatise on international copyright law, as well as leading casebooks on intellectual property and international intellectual property. He has authored seven other books including two novels devoted to intellectual property themes, Errors and Omissions and A Patent Lie. Some of his other works include Copyright's Highway: From Gutenberg to the Celestial Jukebox, a widely acclaimed book on the history and future of copyright, and Intellectual Property: The Tough New Realities That Could Make or Break Your Business.

Bernt Hugenholtz is Professor of Intellectual Property Law and Director of the Institute for Information Law of the University of Amsterdam (IViR). In 1989 he received his doctor's degree cum laude from the University of Amsterdam, where he defended his thesis on copyright protection of works of facts. He has written numerous books, studies and articles on a variety of topics involving copyright, information technology, new media and the Internet. At the University of Amsterdam he teaches courses in copyright law, international copyright law and industrial property law. He was a member of the Amsterdam Bar and partner of the law firm Stibbe between 1990 and 1998. Since 2003 he has been a deputy judge at the Court of Appeal in Arnhem. Professor Hugenholtz is a member of the Dutch Copyright Committee that advises the Minister of Justice of the Netherlands, and has acted as a consultant to the World Intellectual Property Organization (WIPO), the European Commission, and several national governments. He has been on international missions representing WIPO in China and Indonesia, and is a regular speaker at international conferences.

Table of Contents

Preface to the first edition

Preface to the second edition

Table of Abbreviations

Journals

Principles of International Copyright

Introduction

Common Rules and Principles

The Rationales of Copyright

The Politics of International Copyright

The Internationalization of Copyright

Outline of this Book

The Legal Traditions

The Copyright Tradition

The Traditions of Author's Right and Neighboring Rights

Copyright as a Human Right

The Norms of International Copyright

Copyright Treaties

Neighboring Rights Treaties

Regional Arrangements

Trade Arrangements

Intergovernmental Organizations

Territoriality, National Treatment, Jurisdiction, and Conflict of Laws

The Territoriality Principle

National Treatment

Jurisdiction

Conflict of Laws

Scope and Points of Attachment of International Protection

Berne Convention

Universal Copyright Convention

Other Copyright Treaties

TRIPs Agreement

Neighboring Rights Treaties

Points of Attachment under National Law

Substantive Copyright Law

Subject Matter of Copyright and Neighboring Rights

Literary and Artistic Works 187

Performances, Phonograms, Broadcasts, Databases, and Other Productions

Authorship and Ownership

Initial Authorship and Ownership

Collaborative (Joint) Authorship

Collective Works

Works Made for Hire or under Employment

Audiovisual Works (Including Cinematographic Works)

Ownership by Transfer

Term of Protection

Copyright

Neighboring Rights

Comparison of Terms

Retroactivity

Economic Rights

Copyright

Neighboring Rights

Moral Rights

Right of Paternity

Right of Integrity

Right of Divulgation

Right of Withdrawal

Limitation and Waiver of Moral Rights

Exemptions, Statutory Licenses, and Other Limitations on Exclusive Rights

The Three-Step Test

Private Uses

Incidental Uses

Public Uses

Reproduction and Translation in Developing Countries

External Constraints on Copyright

Enforcement

Coercive Remedies

Monetary Remedies

Criminal Sanctions

Customs (Border) Measures

Appendices

Customs (Border) Measures

Berne Convention, Contracting Parties

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations [Rome Convention]

Rome Convention, Contracting Parties

WIPO Copyright Treaty [With Agreed Statements]

WIPO Copyright Treaty, Contracting Parties

WIPO Performances and Phonograms Treaty [With Agreed Statements]

WIPO Performances and Phonograms Treaty, Contracting Parties

Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods [TRIPs Agreement]

Members of the World Trade Organization [WTO]

International Copyright Relations of the United States of America

Bibliography

Index

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