Copyright in a Global Information Society the Scope of Copyright Protection Under International, US, UK and French Law

Author: Makeen Fouad Makeen
Publisher: Kluwer Law International
ISBN: 9789041197863
Published In: May 2000
Format: Hardback
Jurisdiction: France, International, U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Copyright is of considerable importance in today's global information society, and the rapid pace of technological developments has posed a significant challenge for copyright policymakers and legislators. The problems international, regional and national bodies are currently grappling with include: identifying and defining the range of rights to cover all the important economic methods of exploiting copyright works; enforcing these rights at a time when all such works have become capable of being digitized, transmitted instantaneously and, with or without authority, reproduced flawlessly and at minimal cost.

Copyright in a Global Information Society examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of 'communication to the public' as the primary right applicable to the dissemination of copyright works in non-material form. This work is a valuable contribution to the study and understanding of copyright law and will be of great interest to academic and practising lawyers, and to those involved in shaping modern copyright policy.

Introduction
I. The Expansion of Copyright to Cover Communication in Public
1. The Origin of Copyright
2. The Expansion of Copyright Protection to Cover Communication in Public
3. The Enforcement of the Communication in Public Right through Collecting Societies
4. Further Developments in the Nineteenth Century
5. Radio and Television Broadcasting
6. Conclusion
II. From Communication in Public to Communication to the Public
1. USA
2. United Kingdom
3. France
4. The Recognition of the Broadcasting Right at the International Level
5. Conclusion
III. The Scope of the Communication to the Public Criterion in Respect of Broadcasting under Contemporary Laws
1. USA
2. United Kingdom
3. France
4. Conclusion
IV. Broadcasting by Satellites
1. Long Distance Broadcasting
2. Direct Broadcast by Satellite
3. The Applicable Law
4. Direct Broadcasting by Satellite in the UK and France
5. Settling the Applicable Law Issue at the EU Level
6. Satellite Broadcasting in the USA
7. Conclusion
V. Cabling
1. Cable Originated Programmes
2. Cable Retransmission
3. Conclusion
VI. Computer Networks
1. The Internet
2. The WIPO Copyright Treaty and the Classification Process
3. United Kingdom
4. France
5. European Union
6. The USA
7. The Desirable Way Forward for the Exploitation of Authors' Works over Computer Networks
8. Conclusion
Final Conclusion
Bibliography