International Copyright Law And Policy

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 practicalcommercial 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 ofhow 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 topublish 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 howpolicy is formed.

Silke von Lewinski is head of the department specializing in international and European copyright law at the Max Planck Institute for Intellectual Property, Munich. She has acted as a consultant to the European Commission on several occasions, and at the WIPO Diplomatic Conference 1996, where she was a member of the delegation of the European Communities. At the WIPO Diplomatic Conference 2000 on Audiovisual Performances, she was a delegate for Germany. She has been the chief legal expert consulted by the governments of Eastern and Central European and former Soviet countries on their copyright legislation in the framework of the EC's TA programs PHARE and TACIS, and has worked on subsequent EC programs, including Asia. von Lewinski is an adjunct professor at Franklin Pierce Law Center, Concord, N.H. and at McGill University, Montreal. She was the first Walter Minton Visiting Scholar at Columbia University School of Law, NY.

Part I: The Law of the "Classical" Conventions1. Introduction to International Copyright and Neighbouring Rights Law2. Historical Development of International Copyright Law3. Comparison of the Copyright System and the Droit d'Auteur System4. Overview of the Main "Classical" Copyright and Neighbouring Rights Conventions5. The Berne Convention for the Protection of Literary and Artistic Works (Paris Act 1971)6. The Rome Convention of 19617. Recent Problems in the Interpretation of these Conventions, in particular the Berne Convention8. Consequences of Divergences of Interpretation among the Member Countires or of a Violation of the ConventionPart II: The Inclusion of Copyright and Neighbouring Rights in Trade Treaties and Trade Measures9. Reasons for the Shift from Pure Intellectual Property Treaties to the Trade Context10. The Inclusion of Copyright and Neighbouring Rights in the GATT/WTO11. Copyright and Neighbouring Rights under NAFTA12. Bilateral Treaties13. Unilateral Trade Measures as Applied in particular by the USA14. Overall Assessment of the Inclusion of Copyright and Neighbouring Rights into the Trade FrameworkPart III: Developments in WIPO after the TRIPS Agreement15. The Role of WIPO16. Dispute Settlement Draft Treaty17. WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) of 199618. The Protection of Audiovisual Performances19. Planned Treaty on the Protection of Broadcasting Organizations20. Protection of Folklore21. WIPO Development Agenda22. Further Issues Discussed in WIPOPart IV: Overall Resume and Outlook23. Comparative Tables24. The Relationship Between the Different Treaties25. Overall Assessment of the Development of International Copyright and Neighbouring Rights Protection26. Outlook - Prospects for the Development of International Copyright and Neighbouring Rights Law