International Copyright: Principles, Law, and Practice

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Oxford University Press, 2001 - Language Arts & Disciplines - 618 pages
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This book surveys and analyzes the principal 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 one of the most distinguished scholars of copyright both in the United States and abroad, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, and the advent 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 intellectual property transactions or litigation. It is essential reading for scholars and for intellectual property practitioners worldwide, yet also uniquely accessible for an American readership.
  

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Contents

THE LEGAL TRADITIONS
3
THE COPYRIGHT TRADITION
5
THE TRADITIONS OF AUTHORS RIGHT AND NEIGHBORING RIGHTS
8
122 Neighhoring Rights
10
THE NORMS OF INTERNATIONAL COPYRIGHT
13
21 COPYRIGHT TREATIES
14
211 Bilateral Copyright Treaties
16
212 Multilateral Copyright Treaties
19
52 OWNERSHIP
203
521 Original Ownership
205
5212 Collaborative Joint Authorship
207
5213 Collective Works
209
5214 Works Made for Hire
210
5215 Audiovisual Works including Cinematographic Works
212
522 Ownership by Transfer
217
5221 Limitations and Construction of Transfers
220

2122 The Universal Copyright Convention
28
2123 The WIPO Copyright Treaty
32
213 Regional Copyright Arrangements
34
2132 The European Union
35
22 NEIGHBORING RIGHTS TREATIES
36
221 Imernational Convention for the Protection of Performers Producers of Phonograms and Broadcasting Organizations Rome Convention
37
2212 Protection of Performers
38
2213 Protection of Producers of Phonograms
39
2215 Conditions and Exceptions
40
222 Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Geneva Phonograms Conve...
41
223 WIPO Performances and Phonograms Treaty
42
224 Convention Relating to the Distribution of ProgrammeCarrying Signals Transmitted by Satellite Brussels Satellite Convention
44
23 TRADE ARRANGEMENTS
47
231 North American Free Trade Agreement
48
2312 Suhiect Matter
50
2313 Ownership and Term
51
232 TRIPs Agreement
52
2322 Conditions for Protection
55
2323 Subject Matter Ownership and Term
56
2324 Rights and Remedies
58
TERRITORIALITY NATIONAL TREATMENT AND CHOICE OF LAW
61
31 THE TERRITORIALITY PRINCIPLE
63
311 Territoriality in International Law
64
312 Territoriality in Copyright Law
65
3121 Where Acts of Infringement Occur in More Than One Country
66
3122 Where Elements of Infringement Occur in More Than One Country
69
3123 Where Acts Defeating Protection Occur Outside the Protecting Country
71
NATIONAL TREATMENT
72
321 The Trade Economics of National Treatment
75
322 Works Subject to National Treatment
77
3222 TRIPs Agreement
79
323 Rights Subject to National Treatment
80
3231 Berne Convention
81
3232 TRIPs Agreement
84
3241 Works Subject to MostFavoredNation Requirement
85
3242 Rights Subject to MostFavoredNation Requirement
86
3243 Exemptions from Coverage
87
CHOICE OF FORUM AND CHOICE OF LAW
89
331 Choice of Forum in Copyright Cases with Foreign Elements
90
3311 Subject Matter Jurisdiction
91
3312 Forum Non Conveniens
95
3313 Contractual Choice of Forum
98
332 Choice of Law in Copyright Cases with Foreign Elements
99
3322 Law of the Contract as Applicable Law
107
Protection of Foreign Works Under Domestic Law
121
PROTECTIBILITY OF FOREIGN WORKS
123
41 PROTECTIBILITY OF US WORKS IN OTHER COUNTRIES
124
411 Copyright
126
4112 Universal Copyright Convention
133
4113 Other Copyright Treaties
135
4114 What Treaty Governs?
136
412 Neighboring Rights
143
4122 Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Geneva Phonograms Conv...
146
42 PROTECTIBILITY OF FOREIGN WORKS IN THE UNITED STATES
147
421 Unpublished Works
148
422 Published Works
149
4221 Nationality or Domicile
150
4222 Place of Publication
151
4223 Presidential Proclamation
152
4224 Place of Fixation
153
4225 UN and OAS Works
154
423 Moral Rights and Neighboring Rights
155
PROTECTION UNDER COPYRIGHT AND NEIGHBORING RIGHTS
157
511 Literary and Artistic Works
159
5111 Protectible Subject Matter
160
5112 Unprotectible Subject Matter
184
5113 Formalities
187
5114 Fixation
196
512 Performances Phonograms Sound Recordings Broadcasts and Other Productions
197
5121 Performances
199
5122 Phonograms
200
5123 Broadcasts
201
5124 Formalities
202
5222 Formalities and Priorities
225
5223 Collecting Organizations
228
53 TERM
230
531 Term of Protection Under Treaties and National Law
231
5312 Neighboring Rights
236
532 Comparison of Terms
238
5322 Universal Copyright Convention
242
5323 EC Term Directive
243
533 Retroactivity
245
54 RIGHTS
246
541 Economic Rights
247
5411 Copyright
249
5412 Neighboring Rights
274
Copyright Protection Systems
281
542 Moral Rights
283
5421 Right of Paternity
285
5422 Right of Integrity
287
5423 Right of Divulgation
289
5424 Right of Withdrawal
290
5425 Limitation and Waiver of Moral Rights
291
EXEMPTIONS STATUTORY LICENSES AND OTHER LIMITATIONS ON EXCLUSIVE RIGHTS
292
551 Reproduction and Adaptation Rights
296
5511 Private Uses
297
5512 Public Uses
300
5513 Incidental Uses
304
5514 Exhaustion First Sale
306
5515 Other Exemptions
308
5516 Statutory Licenses Equitable Remuneration
309
552 Performance Broadcast and Communication Rights
315
5521 Instructional and Other Nonprofit Uses
316
5522 Incidental Uses
317
5523 Cable Retransmission
318
553 Misuse and Abuse of Copyright
319
56 REMEDIES
320
561 Coercive Remedies
321
5612 Permanent Remedies
323
562 Monetary Remedies
325
563 Criminal Sanctions
327
APPENDIX
329
A1 INTERNATIONAL COPYRIGHT RELATIONS OF THE UNITED STATES
331
A2 BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS PARIS TEXT 1971
341
BRUSSELS TEXT 1948
368
A4 BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS ROME TEXT 1928
380
A5 PARTIES TO THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
389
A6 UNIVERSAL COPYRIGHT CONVENTION PARIS TEXT 1971
395
A7 UNIVERSAL COPYRIGHT CONVENTION GENEVA TEXT 1952
410
A8 PARTIES TO THE UNIVERSAL COPYRIGHT CONVENTION 1952 REVISED AT PARIS 1971
420
STATEMENTS CONCERNING THE WIPO COPYRIGHT TREATY
423
A10 PARTIES TO WIPO COPYRIGHT TREATY GENEVA 1996
432
TREATY WITH AGREED STATEMENTS CONCERNING THE WIPO PERFORMANCES AND PHONOGRAMS TREATY
433
A12 PARTIES TO THE WIPO PERFORMANCES AND PHONOGRAMS TREATY GENEVA 1996
445
A13 INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS PRODUCERS OF PHONOGRAMS AND BROADCASTING ...
446
A14 PARTIES TO INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS PRODUCERS OF PHONOGRAMS AND BRO...
455
A15 CONVENTION FOR THE PROTECTION OF PRODUCERS OF PHONOGRAMS AGAINST UNAUTHORIZED DUPLICATION OF THEIR PH...
457
A16 PARTIES TO THE CONVENTION FOR THE PROTECTION OF PRODUCERS OF PHONOGRAMS AGAINST UNAUTHORIZED DUPLICAT...
461
A17 CONVENTION RELATING TO THE DISTRIBUTION OF PROGRAMMECARRYING SIGNALS TRANSMITTED BY SATELLITE BRUSSEL...
462
A18 PARTIES TO THE CONVENTION RELATING TO THE DISTRIBUTION OF PROGRAMMECARRYING SIGNALS TRANSMITTED BY SA...
466
A19 TREATY ON THE INTERNATIONAL REGISTRATION OF AUDIOVISUAL WORKS AND REGULATIONS
467
A20 PARTIES TO THE TREATY ON THE INTERNATIONAL REGISTRATION OF AUDIOVISUAL WORKS FILM REGISTER TREATY GENE...
481
A21 BUENOS AIRES CONVENTION
482
A22 AGREEMENT ON TRADERELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS INCLUDING TRADE IN COUNTERFEIT GOODS
485
A23 MEMBERSHIP OF THE WORLD TRADE ORGANIZATION
516
A24 NORTH AMERICAN FREE TRADE AGREEMENT INTELLECTUAL PROPERTY PROVISIONS
518
A25 EC DIRECTIVE ON THE LEGAL PROTECTION OF COMPUTER PROGRAMS
538
A26 EC DIRECTIVE ON RENT ALRIGHT AND LENDING RIGHT AND ON CERTAIN RIGHTS RELATED TO COPYRIGHT IN THE FIELD OF...
545
A27 EC DIRECTIVE ON THE COORDINATION OF CERTAIN RULES CONCERNING COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT ...
553
A28 EC DIRECTIVE HARMONIZING THE TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS
564
A29 EC DIRECTIVE ON THE LEGAL PROTECTION OF DATABASES
571
A30 DIRECTIVE ON THE LEGAL PROTECTION OF DESIGNS
583
TABLE OF CASES
593
SUBJECT INDEX
597
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About the author (2001)


Paul Goldstein is the Lillick Professor of Law at Stanford University. He is the author of Copyright, Patent, Trademark and Related State Doctrines (Revised Fourth Edition, 1999); the four-volume treatise, Copyright (Second Edition, 1996); and Copyright's Highway (1995).

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