9780199794294

International Copyright Principles, Law, and Practice

by ;
  • ISBN13:

    9780199794294

  • ISBN10:

    0199794294

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

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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
Table of Contents provided by Publisher. All Rights Reserved.

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