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International Copyright: Principles, Law, and Practice, 4th Edition

International Copyright: Principles, Law, and Practice, 4th Edition

  • 作者:
  • 出版商: Oxford University Press USA
  • ISBN: 9780197601914
  • 出版时间 May 2021
  • 规格: Paperback , 448 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
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  • 详细

    • Written by leading experts who have a wealth of experience in International Copyright Law both in practice and in academia
    • Combines all the important key developments in the field, including more coverage of the four major systems-- US, UK, France, and Germany
    • A complete and exhaustive analysis of international copyright that serves as a unique and reliable tool for practitioners worldwide
    • This edition provides new sections on contributory liability of intermediaries and on collective rights management.

    International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.

    International Copyright is an indispensable reference work for professionals involved with international copyright transactions or litigation, and is essential reading for copyright scholars.

    Readership: IP practitioners who work with copyrights, in-house counsel, and members of the executive suite

  • Preface to the first edition
    Preface to the second edition
    Table of Abbreviations
    Journals
    PART I Principles of International Copyright
    Chapter 1 Introduction
    1.1 Common Rules and Principles
    1.2 The Rationales of Copyright
    1.3 The Politics of International Copyright
    1.4 The Internationalization of Copyright
    1.5 Outline of this Book
    Chapter 2 The Legal Traditions
    2.1 The Copyright Tradition
    2.2 The Traditions of Author's Right and Neighboring Rights
    2.3 Copyright as a Human Right
    Chapter 3 The Norms of International Copyright
    3.1 Copyright Treaties
    3.2 Neighboring Rights Treaties
    3.3 Regional Arrangements
    3.4 Trade Arrangements
    3.5 Intergovernmental Organizations
    Chapter 4 Territoriality, National Treatment, Jurisdiction, and Conflict of Laws
    4.1 The Territoriality Principle
    4.2 National Treatment
    4.3 Jurisdiction
    4.4 Conflict of Laws
    Chapter 5 Scope and Points of Attachment of International Protection
    5.1 Berne Convention
    5.2 Universal Copyright Convention
    5.3 Other Copyright Treaties
    5.4 TRIPs Agreement
    5.5 Neighboring Rights Treaties
    5.6 Points of Attachment under National Law
    PART II Substantive Copyright Law
    Chapter 6 Subject Matter of Copyright and Neighboring Rights
    6.1 Literary and Artistic Works 187
    6.2 Performances, Phonograms, Broadcasts, Databases, and Other Productions
    Chapter 7 Authorship and Ownership
    7.1 Initial Authorship and Ownership
    7.2 Collaborative (Joint) Authorship
    7.3 Collective Works
    7.4 Works Made for Hire or under Employment
    7.5 Audiovisual Works (Including Cinematographic Works)
    7.6 Ownership by Transfer
    Chapter 8 Term of Protection
    8.1 Copyright
    8.2 Neighboring Rights
    8.3 Comparison of Terms
    8.4 Retroactivity
    Chapter 9 Economic Rights
    9.1 Copyright
    9.2 Neighboring Rights
    Chapter 10 Moral Rights
    10.1 Right of Paternity
    10.2 Right of Integrity
    10.3 Right of Divulgation
    10.4 Right of Withdrawal
    10.5 Limitation and Waiver of Moral Rights
    Chapter 11 Exemptions, Statutory Licenses, and Other Limitations on Exclusive Rights
    11.1 The Three-Step Test
    11.2 Private Uses
    11.3 Incidental Uses
    11.4 Public Uses
    11.5 Reproduction and Translation in Developing Countries
    11.6 External Constraints on Copyright
    Chapter 12 Enforcement
    12.1 Coercive Remedies
    12.2 Monetary Remedies
    12.3 Criminal Sanctions
    12.4 Customs (Border) Measures
    Appendices
    1. Berne Convention for the Protection of Literary and Artistic Works [Paris Text, 1971]
    2. Berne Convention, Contracting Parties
    3. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations [Rome Convention]
    4. Rome Convention, Contracting Parties
    5. WIPO Copyright Treaty [With Agreed Statements]
    6. WIPO Copyright Treaty, Contracting Parties
    7. WIPO Performances and Phonograms Treaty [With Agreed Statements]
    8. WIPO Performances and Phonograms Treaty, Contracting Parties
    9. Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods [TRIPs Agreement]
    10. Members of the World Trade Organization [WTO]
    11. International Copyright Relations of the United States of America
    Bibliography
    Index

  • Paul Goldstein and P. Bernt Hugenholtz

    Paul Goldstein currently serves as Of Counsel at Morrison & Foerster in their intellectual property group and has been regularly included in Best Lawyers in America. He has served as chairman of the U.S. Office of Technology Assessment Advisory Panel on Intellectual Property Rights in an Age of Electronics and Information, has been a visiting scholar at the Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law in Munich, Germany, and was a founding faculty member of the Munich Intellectual Property Law Center. In addition, before joining the Stanford Law School faculty in 1975, he was a professor of law at the State University of New York at Buffalo Law School.

    Bernt Hugenholtz is Professor of Intellectual Property Law and Director of the Institute for Information Law of the University of Amsterdam (IViR). In 1989 he received his doctor's degree cum laude from the University of Amsterdam, where he defended his thesis on copyright protection of works of facts. He has written numerous books, studies and articles on a variety of topics involving copyright, information technology, new media and the Internet. At the University of Amsterdam he teaches courses in copyright law, international copyright law and industrial property law. He was a member of the

    Amsterdam Bar and partner of the law firm Stibbe between 1990 and 1998. Since 2003 he has been a deputy judge at the Court of Appeal in Arnhem.

  • "Authoritative, lucid and informative. The structure is excellent and enables the reader to easily follow the discussion. I would heartily recommend this book as an important addition to any copyright collection." - Charlotte Waelde, Journal of Media Law

    "Whether you are an expert in current (and past) copyright issues, or you just commenced in piercing this multi-layered veil of substantive and procedural rules, you will find simple and neat answers to most of the topics debated in the arena of the protection of authors, producers, and even consumers in the so-called 'media world.'" - Luciano Daffarra, les Nouvelles

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