International Copyright: Principles, Law, and Practice

by Paul Goldstein, P. Bernt Hugenholtz

Overview

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.

Product Details

ISBN-13:	9780199333776
Publisher:	Oxford University Press
Publication date:	11/15/2012
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Paul Goldstein currently serves as Of Counsel at Morrison & Foerster in their intellectual property group and has been regularly included in Best Lawyers in America. He has served as chairman of the U.S. Office of Technology Assessment Advisory Panel on Intellectual Property Rights in an Age of Electronics and Information, has been a visiting scholar at the Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law in Munich, Germany, and was a founding faculty member of the Munich Intellectual Property Law Center. In addition, before joining the Stanford Law School faculty in 1975, he was a professor of law at the State University of New York at Buffalo Law School. A globally recognized expert on intellectual property law, Professor Goldstein is the author of an influential four-volume treatise on U.S. copyright law and a one-volume treatise on international copyright law, as well as leading casebooks on intellectual property and international intellectual property. He has authored seven other books including two novels devoted to intellectual property themes, Errors and Omissions and A Patent Lie. Some of his other works include Copyright's Highway: From Gutenberg to the Celestial Jukebox, a widely acclaimed book on the history and future of copyright, and Intellectual Property: The Tough New Realities That Could Make or Break Your Business. Bernt Hugenholtz is Professor of Intellectual Property Law and Director of the Institute for Information Law of the University of Amsterdam (IViR). In 1989 he received his doctor's degree cum laude from the University of Amsterdam, where he defended his thesis on copyright protection of works of facts. He has written numerous books, studies and articles on a variety of topics involving copyright, information technology, new media and the Internet. At the University of Amsterdam he teaches courses in copyright law, international copyright law and industrial property law. He was a member of the Amsterdam Bar and partner of the law firm Stibbe between 1990 and 1998. Since 2003 he has been a deputy judge at the Court of Appeal in Arnhem. Professor Hugenholtz is a member of the Dutch Copyright Committee that advises the Minister of Justice of the Netherlands, and has acted as a consultant to the World Intellectual Property Organization (WIPO), the European Commission, and several national governments. He has been on international missions representing WIPO in China and Indonesia, and is a regular speaker at international conferences.

Table of 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