International Copyright Law and Practice

Author: Paul Edward Geller
Publisher: LexisNexis Matthew Bender
ISBN: 9780820513997
Published In: Subscription-type (Contents updated periodically)
Format: Loose-leaf (2 volumes)
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This unique treatise coordinates global and country-by-country analyses by leading experts.

This annually updated treatise integrates the global analysis of international copyright with in-depth chapters on national laws.

A leading European copyright practitioner and commentator states: "Whoever operates in this field beyond national borders cannot, and should not, do so without using this book." ― Wilhelm Nordemann, Book Review, 25 IIC 132 at 134.

International Copyright: An Introduction: In this framework chapter, the General Editor, Paul Edward Geller, explains how, systematically, to deal with international cases, analyzing the following issues:

·          What laws apply in cases of cross-border infringement?

·          On what grounds may protection be based in such cases?

·          Invoke TRIPs, Berne, other treaties, and/or domestic law?

·          How to meet the conditions of such grounds for protection?

·          Which treaty or domestic provisions govern which issues?

·          What protection follows: national treatment or exceptions?

·          May the court take jurisdiction over a cross-border case?

·          How to trace vesting and chain of title across borders?

The European Union and Copyright: This chapter explains how European law conditions the exploitation of copyright and neighboring rights throughout the European Union.

National Chapters: Experts on the spot explain the laws of Argentina, Australia, Belgium, Brazil, Canada, China, France, Germany, Greece, Hong Kong, Hungary, India, Israel, Italy, Japan, Korea, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, and the United States. To facilitate research, these chapters follow a common outline, treating the following topics:

·          How are criteria of protectability formulated and construed?

·          What types of works and other productions are protected?

·          What special cases to consider: titles, designs, software, etc.?

·          How are performances, recordings, databases, etc., covered?

·          How long do rights last? What durations for foreign works?

·          Who first owns rights? What rules govern diverse transfers?

·          What procedures govern registration, royalty rates, etc.?

·          What conditions must be satisfied to protect foreign claims?

·          What moral and economic rights apply? How are they infringed?

·          Who may be liable: infringers, dealers, facilitators, hosts, etc.?

·          What exceptions, legal licenses, etc., may serve as defenses?

·          How to obtain civil, criminal, and administrative remedies?
International Copyright: An Introduction

1 Consulting the Treatise
2 Development of Key Concepts
3 Grounds for Protection Abroad
4 The Requirements for Protection
5 The Extent of Protection
6 Further Conflicts Issues

The European Union and Copyright

1 Introduction
2 EU Freedoms of Commerce
3 EU Competition Law
4 Harmonization of National Laws
Appendices: European Copyright Directives

National Chapters

National chapters ― Argentina, Australia, Belgium, Brazil, Canada, China, France, Germany, Greece, Hong Kong, Hungary, India, Israel, Italy, Japan, Korea, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, and the United States ― share the following major headings in their respective tables of contents:

1 Introduction
2 Subject Matter
3 Duration
4 Ownership and Transfer
5 Formal Procedures
6 Protection of Foreign Claims
7 Moral Rights
8 Economic Rights; Enforcement
9 Miscellaneous

Chapters include, as needed, tables of abbreviations and bibliographies.
Paul Edward Geller, an attorney based in Los Angeles, serves as expert counsel in litigation, media transactions, and strategic planning. His field of expertise includes domestic and foreign copyright laws, as well as related international treaties and conflicts of laws.

Mr. Geller is the General Editor of the treatise International Copyright Law and Practice. He contributes its international framework chapter, cited in circuit opinions, and supervises its national chapters. He has taught U.S. intellectual property at Stanford Law School and international intellectual property at the University of Southern California Law School.

Mr. Geller publishes in leading journals worldwide. His articles cover, for example, developments in U.S. and other copyright laws, the European copyright directives, TRIPs compliance and dispute settlement, the Berne Convention as a key source of international protection, conflicts of laws arising in infringement and in transactions in the field of intellectual property, and the impact of the Internet on international intellectual property.

His venues for speeches and panels include, among others, the American Film Market Forum in Southern California, WIPO Conferences at Harvard and in Naples, the AT&T/SSTC Seminar in Beijing, the EC Commission Conference in Athens, the UNAM Trinational Forum in Mexico City, the Academy Colloquium in Amsterdam, and the SOFTIC Symposium in Tokyo. He has been a visiting scholar at the Max Planck Institute for Intellectual Property Law in Munich.

Admitted to the California Bar in 1976, for the next decade Mr. Geller served as counsel in complex business litigation and media transactions. His law degree is from the University of Southern California Law School, where he was a member of the Southern California Law Review. He holds a doctorate in philosophy from the University of Paris. His bachelor's degree, received with honors, is from the University of Chicago. He speaks fluent French.

He is a member of the ALAI USA, the ATRIP, the Copyright Society of the United States, of which he has been a trustee, and the Los Angeles Copyright Society. He sits on the editorial boards of the European Copyright and Design Reports and Cahiers de Propriété Intellectuelle.