Full Description
International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved.
Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to 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 centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete 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
Build a clear picture of the field
Expert analytical commentary and questions set the extracts in context
U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments
An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding
Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps
Leads students through the field from beginning to end.
Contents
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 International Private Law and its Application to Copyright and Neighbouring Rights 7. Jurisdiction to Adjudicate (Judicial Competence) 8. Conflict of Laws (Legislative Competence) 9. Recognition of Judgments Index
