International Copyright and Neighbouring Rights: The Berne Convention and Beyond

Hardcover | January 11, 2006

bySam Ricketson, Jane Ginsburg

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This magisterial commentary deals both with the history and with the modern application of the major international agreements affecting copyright and related rights. In particular, it analyses the interpretation and application of the following conventions: the Berne Convention for theProtection of Literary and Artistic Works 1886-1970, the Rome Convention for the Protection of Performers, Phonogram Producers and Broadcasting Organisations 1961, the WIPO Copyright and Performances and Phonograms Treaties 1996 and the TRIPS Agreement (so far as it affects copyright and relatedrights).The organization of the text separates historical review from doctrinal analysis of the current application of the Berne Convention's provisions. The latter exposes gaps and ambiguities in the current text and, in a third section to each of the central chapters, considers the extent to whichsubsequent international instruments have resolved those questions. Issues concerning new technologies and digital networks thus receive in-depth treatment. The authors analyse questions of subject matter coverage, copyright ownership, duration, nature and scope of rights, and exceptions andlimitations to copyrights protection. Extensive analysis of private international law matters also figures prominently in this edition, with a new chapter devoted to problems of international jurisdiction and choice of law.The book contains a helpful compilation of relevant treaties and related materials, while a companion website to the book will supplement these with a collection of the travaux preparatoires of the Berne Convention itself. This work is the significantly expanded and updated second edition of SamRicketson's seminal work The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986 first published in 1987.

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This magisterial commentary deals both with the history and with the modern application of the major international agreements affecting copyright and related rights. In particular, it analyses the interpretation and application of the following conventions: the Berne Convention for theProtection of Literary and Artistic Works 1886-1970...

Sam Ricketson is Professor of Law at University of Melbourne, Australia, and practises part-time as a barrister at the Victorian Bar, principally in the area of intellectual property. Professor Ricketson has written, taught and advised widely in the areas of intellectual property law (copyright and designs, patents, trade marks and un...

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Format:HardcoverDimensions:1640 pages, 9.69 × 6.73 × 3.83 inPublished:January 11, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198259468

ISBN - 13:9780198259466

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Table of Contents

Part I: The History and Development of International Copyright and Neighbouring Rights Conventions1. The Development of International Copyright Relations2. Origins of the Berne Convention3. The Subsequent Development of the Berne Convention 1886-19714. Copyright and Neighbouring Rights Come of Age: Digitization and International TradePart II: Berne and Related Conventions in the Framework of Public International Law5. Treaty Interpretation and the Concept of UnionPart III: The Berne Convention and Beyond6. Fundamentals of Protection (Articles 3 to 6 and 18 to 20)7. Authorship and Ownership8. Works Protected by the Convention (Articles 2 and 2bis)9. Duration of Protection (Articles 7 and 7bis)9A. General Introduction to Chapters 10-12: Rights Protected10. The Rights Protected by the Convention: Moral rights (Article 6bis)11. The Rights of Reproduction, Adaptation and Distribution (Articles 8, 9, 12, 14, 14bis(1), 14ter, and 16)12. Rights of Communication to the Public (Berne Convention Arts 11, 11bis, 11ter, 14, 14bis; WCT Art 8)13. Restrictions on the Exercise of Rights: Limitations and Exceptions14. Developing Countries15. New International Obligations: Technological Protection Measures and Rights Management Information16. Administrative and Financial Provisions17. Membership, Territory and Application of the Berne Convention and Later Agreements (the Final Clauses)Part IV: Other Conventions on Copyright and Neighbouring Rights18. The Berne Convention and Other Related International Conventions on Copyright19. The Berne Convention and Neighbouring RightsPart V: Private International Law Aspects of International Copyright and Neighbouring Rights Protection20. Private International Law Matters: Jurisdiction and Applicable LawAppendicesBerne Convention for the Protection of Literary and Artistic Works (1971 Paris Act plus Appendix)Miscellaneous Documents relating to the origins of the Berne Convention and its developmentUniversal Copyright Convention, 1971Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961Phonograms Convention 1971Brussels Satellites Convention 1974WIPO Copyright Treaty 1996WIPO Performances and Phonograms Treaty 1996Agreement on Trade Related Intellectual Property Rights ("TRIPS") 1994 (relevant extracts)Understanding on rules and procedures governing the settlement of disputesAgreement between WIPO and WTO 1994Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) (UN)Draft treaty on databases (Geneva Conference, 1996) Document CRNR/DC/6 (30 August 1996)Proposal for instrument on the protection of audiovisual performances (WIPO Document IAVP/DC/3, 1 August 2000)

Editorial Reviews

A handy primer on general rules of treaty interpretation...The authors treat a formidable subject in a way which makes it pleasurable to read. The two volumes form a useful reference resource.