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International Copyright Law and Practice
Paul Edward Geller, General Editor
Regular Price: $698.00
Publisher: Matthew Bender
ISBN: 9780820513997
 

Description

This annually updated treatise integrates the global analysis of international copyright with in-depth chapters on national laws.

A leading European copyright practitioner and commentator states: "Whoever operates in this field beyond national borders cannot, and should not, do so without using this book." ― Wilhelm Nordemann, Book Review, 25 IIC 132 at 134.

International Copyright: An Introduction: In this framework chapter, the General Editor explains how, systematically, to deal with international cases, analyzing the following issues:

  • What laws apply in cases of cross-border infringement?
  • On what grounds may protection be based in such cases?
  • Invoke TRIPs, Berne, other treaties, and/or domestic law?
  • How to meet the conditions of such grounds for protection?
  • Which treaty or domestic provisions govern which issues?
  • What protection follows: national treatment or exceptions?
  • May the court take jurisdiction over a cross-border case?
  • How to trace vesting and chain of title across borders?

The Law of the European Community and Copyright: This chapter explains how European law conditions the exploitation of copyright and neighboring rights throughout the European Union.

National Chapters: Experts on the spot explain the laws of Argentina, Australia, Belgium, Brazil, Canada, China, France, Germany, Greece, Hong Kong, Hungary, India, Israel, Italy, Japan, Korea, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, and the United States. To facilitate research, these chapters follow a common outline, treating the following topics:

  • How are criteria of protectability formulated and construed?
  • What types of works and other productions are protected?
  • What special cases to consider: titles, designs, software, etc.?
  • How are performances, recordings, databases, etc., covered?
  • How long do rights last? What durations for foreign works?
  • Who first owns rights? What rules govern diverse transfers?
  • What procedures govern registration, royalty rates, etc.?
  • What conditions must be satisfied to protect foreign claims?
  • What moral and economic rights apply? How are they infringed?
  • Who may be liable: infringers, dealers, facilitators, hosts, etc.?
  • What exceptions, legal licenses, etc., may serve as defenses?
  • How to obtain civil, criminal, and administrative remedies?

Table of contents

International Copyright: An Introduction

1 Consulting the Treatise
2 Development of Key Concepts
3 Grounds for Protection Abroad
4 The Requirements for Protection
5 The Extent of Protection
6 Further Conflicts Issues

The European Community and Copyright

1 Introduction
2 E.C. Freedoms of Commerce
3 E.C. Competition Law
4 Harmonization of National Laws
Appendices: European Copyright Directives

National Chapters

National chapters ― Argentina, Australia, Belgium, Brazil, Canada, China, France, Germany, Greece, Hong Kong, Hungary, India, Israel, Italy, Japan, Korea, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, and the United States ― share the following major headings in their respective tables of contents:

1 Introduction
2 Subject Matter
3 Duration
4 Ownership and Transfer
5 Formal Procedures
6 Protection of Foreign Claims
7 Moral Rights
8 Economic Rights; Enforcement
9 Miscellaneous

Chapters include, as needed, tables of abbreviations and bibliographies.

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