International Copyright and Neighbouring Rights: The Berne Convention and Beyond

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

International Copyright and Neighbouring Rights

The Berne Convention and Beyond

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

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English

Oxford University Press
21 July 2022

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.

By: Sam Ricketson (Emeritus Professor Emeritus Professor Melbourne Law School University of Melbourne), Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 3rd Revised edition
Dimensions: Height: 252mm, Width: 177mm, Spine: 60mm
Weight: 2g
ISBN: 9780198801986
ISBN 10: 019880198X
Pages: 1184
Publication Date: 21 July 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

I: History and Development of International Copyright and Neighbouring Rights Conventions 1: The Development of International Copyright Relations 2: Origins of the Berne Convention 3: The Subsequent Development of the Berne Convention, 1886-1971 4: Copyright and Neighbouring Rights Come of Age: Digitization and International Trade II: Preliminary Matters: Berne and Related Agreements in the Framework of Public International Law 5: Treaty Interpretation and the Concept of Union III: The Berne Convention and Beyond 6: Fundamentals of Protection 7: Authorship and Ownership 8: Works Protected by the Convention 9: Duration of Protection 10: The Rights Protected by the Convention 11: The Rights of Reproduction, Adaptation, and Distribution 12: Rights of Communication to the Public 13: Restrictions on the Exercise of Rights: Limitations and Exceptions 14: New International Obligations 15: Developing Countries 16: Administrative and Financial Provisions 17: Membership, Territory, and Application of the Berne Convention and Later Agreements IV: Other Conventions on Copyright and Neighbouring Rights 18: The Berne Convention and other Related International Conventions on Copyright 19: The Berne Convention and Neighbouring Rights V: Private International Law Aspects of International Copyright and Neighbouring Rights Protection 20: Private International Law Matters: Jurisdiction and Applicable Law

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.