Details
- In depth analysis of the development of copyright conventions assists the reader in understanding the basis of international copyright law
- Coverage of relevant international trade law and policy puts the subject into a broad commercial and practical context
- Written by a recognised expert in copyright law, who has been consulted on EC, international and external copyright programmes, offering an inside view on how policy is formed
- Topical discussion on protection of folklore, and discussion on the protection plans for broadcasting organisations provides insight into the most current developments in the field
- Fully cross-referenced to a forthcoming companion volume, European Copyright Law and Policy, which will allow readers to compare the differing provisions easily
This book deals comprehensively with the major treaties and conventions covering the law of international copyright and neighbouring rights. It explains the complex legal, economic and political background to the treaties and their contents, and how they inter-relate. There is also practical commercial discussion of how copyright and neighbouring rights are treated in international trade measures such as GATT, WTO, NAFTA, and bilateral and unilateral treaties, with a section devoted to how unilateral trade measures are applied by the USA in particular. There is also some discussion of how international copyright law and neighbouring rights may develop in the future.
The book is intended to be a definitive account of the law of international copyright and neighbouring rights, but it is also intended to be accessible to non-specialist practitioners. It is fully cross-referenced to a forthcoming companion volume, European Copyright Law and Policy (expected to publish in 2008), offering readers a comprehensive approach to the subject. The author has been consulted on copyright policy on numerous occasions by various governmental and non-governmental organisations within and outside the EC, and therefore is ideally placed to give an inside view on how policy is formed.
Part I: The Law of the "Classical" Conventions
1: Introduction to International Copyright and Neighbouring Rights Law
2: Historical Development of International Copyright Law
3: Comparison of the Copyright System and the Author's Rights System
4: Overview of the Main "Classical" Copyright and Neighbouring Rights Conventions before the TRIPS Agreement
5: The Berne Convention for the Protection of Literary and Artistic Works (Paris Act 1971)
6: The Rome Convention of 1961
7: New Phenomena as a challenge to the Interpretation of the Berne and Rome Conventions
8: Consequences of a Violation of a Treaty and of Divergences of Interpretation among its Member Countries
Part II: The Inclusion of Copyright and Neighbouring Rights in Trade Treaties and Trade Measures
9: Reasons for the Shift towards the Trade Context
10: The Inclusion of Copyright and Neighbouring Rights in the GATT/WTO
11: Copyright and Neighbouring Rights under NAFTA and Other Regional Agreements
12: Bilateral Treaties
13: Unilateral Trade Measures
14: Overall Assessment of the Inclusion of Copyright and Neighbouring Rights into the Trade Framework
Part III: Developments in the World Intellectual Property Organization after the Adoption of the TRIPS Agreement
15: Presentation of the WIPO
16: Dispute Settlement Draft Treaty
17: WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) of 1996
18: The Protection of Audiovisual Performances
19: Planned Treaty on the Protection of Broadcasting Organizations
20: Protection of Folklore
21: WIPO Development Agenda
22: Additional Issues Discussed in WIPO after 1996
Part IV: Overall Resume and Outlook
23: Comparative Tables of the Main International Copyright and Neighbouring Rights Treaties
24: The Relationship between Different Treaties
25: Overall Assessment of the Development of International Copyright and Neighbouring Rights Protection
26: Outlook: Prospects for the Development of International Copyright and Neighbouring Rights Law
Silke von Lewinski, Head of Department, Max Planck Institute for Intellectual Property Law, Munich; Adjunct Professor, Franklin Pierce Law Center, Concord
