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.
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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