Choice Of Law In Copyright And Related Rights

Author : Mireille M. M. van Eechoud
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 44,9 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041120717

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Choice of Law in Copyright and Related Rights by Mireille M. M. van Eechoud Pdf

Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.

Author : Mireille Marie Madeleine Eechoud
Publisher : Unknown
Page : 291 pages
File Size : 43,7 Mb
Release : 2003
Category : Conflict of laws
ISBN : 909016863X

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Choice of Law in Copyright and Related Rights by Mireille Marie Madeleine Eechoud Pdf

Author : Jane C. Ginsburg,Edouard Treppoz
Publisher : Edward Elgar Publishing
Page : 880 pages
File Size : 43,6 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781783477982

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International Copyright Law: U.S. and E.U. Perspectives by Jane C. Ginsburg,Edouard Treppoz Pdf

This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc

Author : Paul Goldstein,P. Bernt Hugenholtz
Publisher : Oxford University Press
Page : 620 pages
File Size : 50,8 Mb
Release : 2019-08-30
Category : Law
ISBN : 9780190060640

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International Copyright by Paul Goldstein,P. Bernt Hugenholtz Pdf

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.

Author : American Law Institute
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2006
Category : Intellectual property
ISBN : OCLC:848790242

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Intellectual Property by American Law Institute Pdf

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 252 pages
File Size : 46,6 Mb
Release : 2022-12-22
Category : Law
ISBN : 9789280534658

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Collective Management of Copyright and Related Rights by World Intellectual Property Organization Pdf

This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 24 pages
File Size : 54,9 Mb
Release : 2006
Category : Law
ISBN : 9789280512656

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Understanding Copyright and Related Rights by World Intellectual Property Organization Pdf

This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 92 pages
File Size : 40,8 Mb
Release : 2019-10-15
Category : Law
ISBN : 9789280529135

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When Private International Law Meets Intellectual Property Law by World Intellectual Property Organization Pdf

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Author : Paul Torremans
Publisher : Edward Elgar Publishing
Page : 553 pages
File Size : 46,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848440210

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Copyright Law by Paul Torremans Pdf

. . . this book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright. New Zealand Law Journal Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.

Author : Carlo Scollo Lavizzari,René Viljoen
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 55,5 Mb
Release : 2018
Category : Law
ISBN : 9781784718510

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Cross-Border Copyright Licensing by Carlo Scollo Lavizzari,René Viljoen Pdf

Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.

Author : Jørgen Blomqvist
Publisher : Edward Elgar Publishing
Page : 279 pages
File Size : 46,6 Mb
Release : 2014-05-30
Category : Law
ISBN : 9781783470976

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Primer on International Copyright and Related Rights by Jørgen Blomqvist Pdf

This Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.

Author : Paul Goldstein
Publisher : Oxford University Press, USA
Page : 650 pages
File Size : 40,7 Mb
Release : 2001
Category : Language Arts & Disciplines
ISBN : 0195128850

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International Copyright by Paul Goldstein Pdf

This book surveys and analyzes the principal legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. The volume is a synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, and the advent 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 topics such as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.

Author : Paul Goldstein,P. B. Hugenholtz
Publisher : Oxford University Press, USA
Page : 589 pages
File Size : 48,7 Mb
Release : 2010
Category : Law
ISBN : 9780199737109

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International Copyright by Paul Goldstein,P. B. Hugenholtz Pdf

Previous edition, 1st, published in 2001.

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
Page : 667 pages
File Size : 42,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848446007

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Research Handbook on the Future of EU Copyright by Estelle Derclaye Pdf

. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners. Ghufran Sukkaryeh, European Intellectual Property Review Estelle Derclaye s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general. Ysolde Gendreau, Université de Montréal, Canada It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law. This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.

Author : Sam Ricketson,Jane C. Ginsburg
Publisher : Unknown
Page : 696 pages
File Size : 44,7 Mb
Release : 2006
Category : Berne Convention for the Protection of Literary and Artistic Works
ISBN : STANFORD:36105063975820

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International Copyright and Neighbouring Rights by Sam Ricketson,Jane C. Ginsburg Pdf

This commentary deals with the history and development of the major international agreements affecting copyright and related rights, including the Berne Convention for the Protection 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 related rights). Doctrinal analysis exposes gaps and ambiguities in the current text and considers the extent to which subsequent international instruments have resolved those questions. The authors analyze questions of subject matter coverage, copyright ownership, duration, nature and scope of rights, and exceptions and limitations to copyright protection. Extensive analysis of private international law matters also figures prominently, with two chapters devoted to problems of international jurisdiction and choice of law.