International Copyright Law is a complex and evolving field. Unlike national copyright laws, it is an edifice that consists of interlocking international instruments and agreements, the cornerstone of which is the Berne convention of 1886. This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these oft difficult waters. It illuminates the fundamental influence of the conventions and treaties that have shaped the current set of international norms, from the Berne Convention, and the Rome Convention of 1961, through to the WIPO Copyright Treaty and the TRIPS Agreement. Ginsburg & Treppoz, two of the leading lights in International Copyright Law, wrap their expert commentary around judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centres on comprehending the modus operandi of international law and international treaties, and rather than commenting on the treaties in turn, offers an issue-by-issue treatment of the subject.Key Features of the Casebook: Written by two leading authorities in the field Carefully selected extracts from primary and secondary sources that serve to build a clearer picture of the field. Expert analytical commentary sets the extracts in context. US and EU perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments. An issue-based approach that synthesises the treaties and facilitates a more nuanced understanding. Detailed and extensive exposition of private international law in the context of copyright. Leads LLM and Graduate students through the field from beginning to end.
Contents: 1. History, Structure and Context of International Copyright Law PART I: Applicability of International Copyright and Neigbouring Rights Conventions 2. From International Conventions to national laws (or Relations between International and National Norms) 3. Points of attachment of International Protection PART II: Application of International Copyright and Neighbouring Rights Conventions 4. National Treatment and Most Favored Nation Treatment 5. Substantive minima 6. Lacunae - Authorship and Ownership PART III: Application of National Norms: Private International Law Introduction to Private International Law 7. Jurisdiction to adjudicate (Judicial competence) 8. Legislative Competence (Conflict of laws) 9. Recognition of Judgments Index