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Vol 21 No 11 Nov/Dec 2016

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International Copyright: Principles, Laws and Practice 3rd ed (eBook)


ISBN13: 9780199333776
Published: December 2012
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
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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 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 Copyright is an indispensable reference work for professionals involved with international copyright transactions or litigation, and is essential reading for copyright scholars.

Subjects:
Intellectual Property Law, Other Jurisdictions , eBooks, USA
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