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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.
This volume investigates the complex international legal framework governing copyright and neighbouring rights, focusing on how these public law instruments are interpreted and applied within domestic jurisdictions. The authors, Jane C. Ginsburg and Sam Ricketson, utilize their extensive expertise in intellectual property law to provide a thematic analysis of the Berne Convention and its subsequent iterations. By situating these treaties within their historical and developmental contexts, the text establishes a rigorous framework for understanding the obligations imposed by international agreements on national legal systems.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently identify this work as a definitive reference for understanding the evolution and application of international copyright treaties. The text is noted for its academic density and thoroughness, serving as a primary resource for those navigating the intersection of international obligations and domestic law.
Page Count:
200
Publication Date:
2022-01-01
Publisher:
OUP Oxford
ISBN-10:
0192522353
ISBN-13:
9780192522351