International Copyright and Neighbouring Rights: The Berne Convention and Beyond

by Sam Ricketson, Jane Ginsburg

Overview

This comprehensive volume examines the international framework concerned with the protection of copyright and neighbouring rights. The focal point of this commentary is the Berne Convention for the Protection of Literary and Artistic Works 1886, which was last revised in 1971, but the treatment extends beyond to the related conventions that have grown out of, or are based on, Berne. These include; the WIPO Copyright Treaty 1996, the Rome Convention for the Protection of Phonogram Producers, Performers and Broadcasting Organizations 1961, the WIPO Performances and Phonograms Treaty 1996, and the 1994 Trade-Related Intellectual Property Rights Agreement (TRIPS Agreement) (an annexed agreement to the World Trade Organization). This edition also extends to conventions introduced since the publication of the previous edition, such as the Beijing Treaty on the Protection of Audiovisual Performances 2012, and the Marrakesh Treaty to Facilitate Access for Blind and Visually Impaired Readers 2013.

The analysis in the commentary is thematic and grounded in the history and development of each of the treaties considered. While its primary focus is upon the way in which the obligations contained in these public law instruments are to be interpretated and applied in domestic law, it also addresses in some detail the private international law aspects of the protection of works and neighbouring rights.

This new edition considers a number of developing areas, such as continuing work within the WIPO Standing Committee on Copyright and Related Rights on the matter of exceptions, limitations and the development of a new treaty on broadcasters, emerging discussions at both national and international levels about the matter of formalities, the beginnings of a movement in favour of broader protection of resale royalty rights, and more.

Product Details

ISBN-13:	9780198801986
Publisher:	Oxford University Press
Publication date:	08/05/2022
Edition description:	3rd ed.
Pages:	1184
Product dimensions:	9.71(w) x 6.96(h) x 2.46(d)

About the Author

Sam Ricketson, Emeritus Professor, Melbourne Law School, University of Melbourne,Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School

Sam Ricketson has taught, researched, published and practised in the area of intellectual property law since the late 1970's. His interests are both at the national and international levels, with other interests in legal history, the history of science and technology and public and private international law. Prior to his retirement in April 2019, he was a professor in the Melbourne Law School and prior to this at Monash University, and he also practised part-time at the Victorian Bar until mid-2015. He Is a Fellow of the Academy of the Social Sciences in Australia and of the Australian Academy of Law, and is now Emeritus Professor of Law at the Melbourne Law School.


Jane C. Ginsburg, is the Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University School of Law, and Faculty Director of its Kernochan Center for Law, Media and the Arts. She teaches copyright law, international copyright law, trademarks law, legal methods, and statutory interpretation, and is an author of casebooks in all five subjects, as well as of many books, articles and book chapters on domestic and international copyright and trademark law. She is a Corresponding Fellow of the British Academy, a Member of the American Philosophical Society and of the American Academy of Arts and Sciences, and an Honorary Fellow of Emmanuel College, University of Cambridge.

Table of Contents

I: 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 TradeII: Preliminary Matters: Berne and Related Agreements in the Framework of Public International Law5. Treaty Interpretation and the Concept of UnionIII: The Berne Convention and Beyond6. Fundamentals of Protection7. Authorship and Ownership8. Works Protected by the Convention9. Duration of Protection10. The Rights Protected by the Convention11. The Rights of Reproduction, Adaptation, and Distribution12. Rights of Communication to the Public13. Restrictions on the Exercise of Rights: Limitations and Exceptions14. New International Obligations15. Developing Countries16. Administrative and Financial Provisions17. Membership, Territory, and Application of the Berne Convention and Later AgreementsIV: Other Conventions on Copyright and Neighbouring Rights18. The Berne Convention and other Related International Conventions on Copyright19. The Berne Convention and Neighbouring RightsV: Private International Law Aspects of International Copyright and Neighbouring Rights Protection20. Private International Law Matters: Jurisdiction and Applicable Law