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Vol 21 No 9 Sept/Oct 2016

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International Copyright and Neighbouring Rights: The Berne Convention and Beyond 2nd ed

ISBN13: 9780198259466
ISBN: 0198259468
Previous Edition ISBN: 085121603X
Published: January 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback, 2 Volumes
Price: £295.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This magisterial commentary deals both with the history and with the modern application of the major international agreements affecting copyright and related rights. In particular, it analyses the interpretation and application of the following conventions: the Berne Convention for the Protection of Literary and Artistic Works 1886-1970, the Rome Convention for the Protection of Performers, Phonogram Producers and Broadcasting Organisations 1961, the WIPO Copyright and Performances and Phonograms Treaties 1996 and the TRIPS Agreement (so far as it affects copyright and related rights).

The organization of the text separates historical review from doctrinal analysis of the current application of the Berne Convention's provisions. The latter exposes gaps and ambiguities in the current text and, in a third section to each of the central chapters, considers the extent to which subsequent international instruments have resolved those questions. Issues concerning new technologies and digital networks thus receive in-depth treatment. The authors analyse questions of subject matter coverage, copyright ownership, duration, nature and scope of rights, and exceptions and limitations to copyrights protection.

Extensive analysis of private international law matters also figures prominently in this edition, with two chapters devoted to problems of international jurisdiction and choice of law.

The book contains a helpful compilation of relevant treaties and related materials, while a companion website to the book will supplement these with a collection of the travaux preparatoires of the Berne Convention itself. This work is the significantly expanded and updated second edition of Sam Ricketson's seminal work The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986 first published in 1987.

  • Detailed expert analysis of the provisions of the major international conventions on copyright and related rights
  • In-depth examination of the adaptation of international copyright to the digital environment
  • The first exhaustive treatment of the private international law issues affecting the exploitation of these rights

Intellectual Property Law
Part I: The History and Development of International Copyright and Neighbouring Rights Conventions
1. The Development of International Copyright Relations
2. Origins of the Berne Convention
3. The Subsequent Development of the Berne Convention 1886-1971
4. Copyright and Neighbouring Rights Come of Age: Digitization and International Trade
Part II: Berne and Related Conventions in the Framework of Public International Law
5. Treaty Interpretation and the Concept of Union
Part III: The Berne Convention and Beyond
6. Fundamentals of Protection (Articles 3 to 6 and 18 to 20)
7. Authorship and Ownership
8. Works Protected by the Convention (Articles 2 and 2bis)
9. Duration of Protection (Articles 7 and 7bis)
9A General Introduction to Chapters 10-12: Rights Protected
10. The Rights Protected by the Convention: Moral rights (Article 6bis)
11. The Rights of Reproduction, Adaptation and Distribution (Articles 8, 9, 12, 14, 14bis(1), 14ter, and 16)
12. Rights of Communication to the Public (Berne Convention Arts 11, 11bis, 11ter, 14, 14bis; WCT Art 8)
13. Restrictions on the Exercise of Rights: Limitations and Exceptions
14. Developing Countries
15. New International Obligations: Technological Protection Measures and Rights Management Information
16. Administrative and Financial Provisions
17. Membership, Territory and Application of the Berne Convention and Later Agreements (the Final Clauses)
Part IV: Other Conventions on Copyright and Neighbouring Rights
18. The Berne Convention and Other Related International Conventions on Copyright
19. The Berne Convention and Neighbouring Rights
Part V: Private International Law Aspects of International Copyright and Neighbouring Rights Protection
20. Private International Law Matters: Jurisdiction and Applicable Law
Berne Convention for the Protection of Literary and Artistic Works (1971 Paris Act plus Appendix)
Miscellaneous Documents relating to the origins of the Berne Convention and its development
Universal Copyright Convention, 1971
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961
Phonograms Convention 1971
Brussels Satellites Convention 1974
WIPO Copyright Treaty 1996
WIPO Performances and Phonograms Treaty 1996
Agreement on Trade Related Intellectual Property Rights ("TRIPS") 1994 (relevant extracts)
Understanding on rules and procedures governing the settlement of disputes
Agreement between WIPO and WTO 1994
Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) (UN)
Draft treaty on databases (Geneva Conference, 1996) Document CRNR/DC/6 (30 August 1996)
Proposal for instrument on the protection of audiovisual performances (WIPO Document IAVP/DC/3, 1 August 2000)