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International Copyright Law and Policy Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)

International Copyright Law and Policy By Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)

International Copyright Law and Policy by Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)

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Summary

This new work analyses the international treaties ensuring the protection of copyright. It explains the complex legal, economic and political backgrounds of the treaties and their contents, how they inter-relate, and puts them in the context of general policy developments in the field.

International Copyright Law and Policy Summary

International Copyright Law and Policy by Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)

This book deals comprehensively with the major treaties and conventions covering the law of international copyright and neighbouring rights. It explains the complex legal, economic and political background to the treaties and their contents, and how they inter-relate. There is also practical commercial discussion of how copyright and neighbouring rights are treated in international trade measures such as GATT, WTO, NAFTA, and bilateral and unilateral treaties, with a section devoted to how unilateral trade measures are applied by the USA in particular. There is also some discussion of how international copyright law and neighbouring rights may develop in the future. The book is intended to be a definitive account of the law of international copyright and neighbouring rights, but it is also intended to be accessible to non-specialist practitioners. It is fully cross-referenced to a forthcoming companion volume, European Copyright Law and Policy (expected to publish in 2008), offering readers a comprehensive approach to the subject. The author has been consulted on copyright policy on numerous occasions by various governmental and non-governmental organisations within and outside the EC, and therefore is ideally placed to give an inside view on how policy is formed.

About Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)

Silke von Lewinski is head of the department specialising in international and European copyright law, at the Max Planck Institute for Intellectual Property, Munich. Dr von Lewinski has acted as a consultant to the European Commission on several occasions, for example on the EC Rental Rights Directive (drafting the EC proposal and steering it through the legislative process), and at the WIPO Diplomatic Conference 1996, where she was a member of the delegation of the European Communities. At the WIPO Diplomatic Conference 2000 on Audiovisual Performances, she was a delegate for Germany. She has been the chief legal expert consulted by the governments of Eastern and Central European and former Soviet countries on their copyright legislation in the framework of the EC's TA programs PHARE and TACIS, and has worked on subsequent EC programs, including in Asia. She has written numerous publications, and given lectures worldwide, which have focussed on copyright law, primarily at international and European levels. Dr. von Lewinski is an adjunct professor at Franklin Pierce Law Center, Concord, N.H. and, since 2003, at the Munich Intellectual Property Law Center (also combined with GWU's summer program), Munich, and also at the university of Mainz and at McGill University, Montreal. She was a visiting professor at different universities in France and elsewhere, including Universite Laval, Quebec and University of Melbourne. She was the first Walter Minton Visiting Scholar at Columbia University School of Law, New York and the First Distinguished Visitor to the Intellectual Property Research Institute of Australia (IPRIA). In 1999, she was a judge at the German Final Round of the International Philip C. Jessup Moot Court Competition. Dr von Lewinski studied for her undergraduate degree in law at the Ludwig Maximilian University, Munich, took her Bar Exam in Munich, obtained her degree of Doctor iuris (PhD) at Free University Berlin and received the "Heinrich-Hubmann" award, in the year of its establishment, for the best treaties in copyright 1991.

Table of Contents

PART I: THE LAW OF THE "CLASSICAL" CONVENTIONS ; 1. Introduction to International Copyright and Neighbouring Rights Law ; 2. Historical Development of International Copyright Law ; 3. Comparison of the Copyright System and the Author's Rights System ; 4. Overview of the Main "Classical" Copyright and Neighbouring Rights Conventions before the TRIPS Agreement ; 5. The Berne Convention for the Protection of Literary and Artistic Works (Paris Act 1971) ; 6. The Rome Convention of 1961 ; 7. New Phenomena as a challenge to the Interpretation of the Berne and Rome Conventions ; 8. Consequences of a Violation of a Treaty and of Divergences of Interpretation among its Member Countries ; PART II: THE INCLUSION OF COPYRIGHT AND NEIGHBOURING RIGHTS IN TRADE TREATIES AND TRADE MEASURES ; 9. Reasons for the Shift towards the Trade Context ; 10. The Inclusion of Copyright and Neighbouring Rights in the GATT/WTO ; 11. Copyright and Neighbouring Rights under NAFTA and Other Regional Agreements ; 12. Bilateral Treaties ; 13. Unilateral Trade Measures ; 14. Overall Assessment of the Inclusion of Copyright and Neighbouring Rights into the Trade Framework ; PART III: DEVELOPMENTS IN THE WORLD INTELLECTUAL PROPERTY ORGANIZATION AFTER THE ADOPTION OF THE TRIPS AGREEMENT ; 15. Presentation of the WIPO ; 16. Dispute Settlement Draft Treaty ; 17. WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) of 1996 ; 18. The Protection of Audiovisual Performances ; 19. Planned Treaty on the Protection of Broadcasting Organizations ; 20. Protection of Folklore ; 21. WIPO Development Agenda ; 22. Additional Issues Discussed in WIPO after 1996 ; PART IV: OVERALL RESUME AND OUTLOOK ; 23. Comparative Tables of the Main International Copyright and Neighbouring Rights Treaties ; 24. The Relationship between Different Treaties ; 25. Overall Assessment of the Development of International Copyright and Neighbouring Rights Protection ; 26. Outlook: Prospects for the Development of International Copyright and Neighbouring Rights Law

Additional information

NPB9780199207206
9780199207206
0199207208
International Copyright Law and Policy by Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)
Silke von Lewinski (Head of Department, Max Planck Institute for Intellectual Property Law, Munich Adjunct Professor, Franklin Pierce Law Center, Concord)
New
Hardback
Oxford University Press
2008-02-28
680
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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