International Copyright: Principles, Law and Practice

Overview

International Copyright: Principles, Law, and Practice surveys 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,...

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International Copyright: Principles, Law, and Practice

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Overview

International Copyright: Principles, Law, and Practice surveys 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 protectible 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 Copyright is an indispensable reference work for professionals involved with international copyright transactions or litigation, and is essential reading for copyright scholars.

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Editorial Reviews

From the Publisher
"The perfect one-volume international copyright reference book for my practice. Its subject matter coverage is comprehensive, and includes copies of international treaties in the Appendices." - Patents101.com

"The authors have eloquently written the treatise in a way that any practitioners with only a working knowledge of copyright law could understand. The best part of this book is that the treatise provides a survey of copyright practice around the world in transactional settings and litigation settings. Better still, the analysis provides insight regarding protecting foreign works in the United States and protecting United States works abroad. This treatise and its easy to read and easier to follow format will provide an invaluable reference work for our practice. We strongly recommended this treatise for any lawyer interested in copyright law and international trade issues." - Anticipate This!

"Authoritative, lucid and informative. The structure is excellent and enables the reader to easily follow the discussion. I would heartily recommend this book as an important addition to any copyright collection."
—Charlotte Waelde, Journal of Media Law

"Whether you are an expert in current (and past) copyright issues, or you just commenced in piercing this multi-layered veil of substantive and procedural rules, you will find simple and neat answers to most of the topics debated in the arena of the protection of authors, producers, and even consumers in the so-called 'media world.'"
—Luciano Daffarra, les Nouvelles

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Product Details

  • ISBN-13: 9780199794294
  • Publisher: Oxford University Press
  • Publication date: 11/15/2012
  • Edition number: 3
  • Pages: 616
  • Product dimensions: 6.10 (w) x 9.20 (h) x 1.50 (d)

Meet the Author

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.

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Table of Contents

Preface to the first edition
Preface to the second edition
Table of Abbreviations
Journals

PART I Principles of International Copyright

Chapter 1 Introduction
1.1 Common Rules and Principles
1.2 The Rationales of Copyright
1.3 The Politics of International Copyright
1.4 The Internationalization of Copyright
1.5 Outline of this Book

Chapter 2 The Legal Traditions
2.1 The Copyright Tradition
2.2 The Traditions of Author's Right and Neighboring Rights
2.3 Copyright as a Human Right

Chapter 3 The Norms of International Copyright
3.1 Copyright Treaties
3.2 Neighboring Rights Treaties
3.3 Regional Arrangements
3.4 Trade Arrangements
3.5 Intergovernmental Organizations

Chapter 4 Territoriality, National Treatment, Jurisdiction, and Conflict of Laws
4.1 The Territoriality Principle
4.2 National Treatment
4.3 Jurisdiction
4.4 Conflict of Laws

Chapter 5 Scope and Points of Attachment of International Protection
5.1 Berne Convention
5.2 Universal Copyright Convention
5.3 Other Copyright Treaties
5.4 TRIPs Agreement
5.5 Neighboring Rights Treaties
5.6 Points of Attachment under National Law

PART II Substantive Copyright Law

Chapter 6 Subject Matter of Copyright and Neighboring Rights
6.1 Literary and Artistic Works 187
6.2 Performances, Phonograms, Broadcasts, Databases, and Other Productions

Chapter 7 Authorship and Ownership
7.1 Initial Authorship and Ownership
7.2 Collaborative (Joint) Authorship
7.3 Collective Works
7.4 Works Made for Hire or under Employment
7.5 Audiovisual Works (Including Cinematographic Works)
7.6 Ownership by Transfer

Chapter 8 Term of Protection
8.1 Copyright
8.2 Neighboring Rights
8.3 Comparison of Terms
8.4 Retroactivity

Chapter 9 Economic Rights
9.1 Copyright
9.2 Neighboring Rights

Chapter 10 Moral Rights
10.1 Right of Paternity
10.2 Right of Integrity
10.3 Right of Divulgation
10.4 Right of Withdrawal
10.5 Limitation and Waiver of Moral Rights

Chapter 11 Exemptions, Statutory Licenses, and Other Limitations on Exclusive Rights
11.1 The Three-Step Test
11.2 Private Uses
11.3 Incidental Uses
11.4 Public Uses
11.5 Reproduction and Translation in Developing Countries
11.6 External Constraints on Copyright

Chapter 12 Enforcement
12.1 Coercive Remedies
12.2 Monetary Remedies
12.3 Criminal Sanctions
12.4 Customs (Border) Measures

Appendices
1. Berne Convention for the Protection of Literary and Artistic Works [Paris Text, 1971]
2. Berne Convention, Contracting Parties
3. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations [Rome Convention]
4. Rome Convention, Contracting Parties
5. WIPO Copyright Treaty [With Agreed Statements]
6. WIPO Copyright Treaty, Contracting Parties
7. WIPO Performances and Phonograms Treaty [With Agreed Statements]
8. WIPO Performances and Phonograms Treaty, Contracting Parties
9. Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods [TRIPs Agreement]
10. Members of the World Trade Organization [WTO]
11. International Copyright Relations of the United States of America

Bibliography

Index

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