International Copyright

Paul Goldstein currently serves as Of Counsel at Morrison & Foerster in their intellectual property group and has been regularly included in Best Lawyers in America. He has served as chairman of the U.S. Office of Technology Assessment Advisory Panel on Intellectual Property Rights in an Age of Electronics and Information, has been a visiting scholar at the Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law in Munich, Germany, and was a founding faculty member of the Munich Intellectual Property Law Center. In addition, before joining the Stanford Law School faculty in 1975, he was a professor of law at the State University of New York at Buffalo Law School. Bernt Hugenholtz is Professor of Intellectual Property Law and Director of the Institute for Information Law of the University of Amsterdam (IViR). In 1989 he received his doctor's degree cum laude from the University of Amsterdam, where he defended his thesis on copyright protection of works of facts. He has written numerous books, studies and articles on a variety of topics involving copyright, information technology, new media and the Internet. At the University of Amsterdam he teaches courses in copyright law, international copyright law and industrial property law. He was a member of the Amsterdam Bar and partner of the law firm Stibbe between 1990 and 1998. Since 2003 he has been a deputy judge at the Court of Appeal in Arnhem.

Preface to the first edition ; Preface to the second edition ; Table of Abbreviations ; Journals ; PART I Principles of International Copyright ; Chapter 1 Introduction ; 1.1 Common Rules and Principles ; 1.2 The Rationales of Copyright ; 1.3 The Politics of International Copyright ; 1.4 The Internationalization of Copyright ; 1.5 Outline of this Book ; Chapter 2 The Legal Traditions ; 2.1 The Copyright Tradition ; 2.2 The Traditions of Author's Right and Neighboring Rights ; 2.3 Copyright as a Human Right ; Chapter 3 The Norms of International Copyright ; 3.1 Copyright Treaties ; 3.2 Neighboring Rights Treaties ; 3.3 Regional Arrangements ; 3.4 Trade Arrangements ; 3.5 Intergovernmental Organizations ; Chapter 4 Territoriality, National Treatment, Jurisdiction, and Conflict of Laws ; 4.1 The Territoriality Principle ; 4.2 National Treatment ; 4.3 Jurisdiction ; 4.4 Conflict of Laws ; Chapter 5 Scope and Points of Attachment of International Protection ; 5.1 Berne Convention ; 5.2 Universal Copyright Convention ; 5.3 Other Copyright Treaties ; 5.4 TRIPs Agreement ; 5.5 Neighboring Rights Treaties ; 5.6 Points of Attachment under National Law ; PART II Substantive Copyright Law ; Chapter 6 Subject Matter of Copyright and Neighboring Rights ; 6.1 Literary and Artistic Works 187 ; 6.2 Performances, Phonograms, Broadcasts, Databases, and Other Productions ; Chapter 7 Authorship and Ownership ; 7.1 Initial Authorship and Ownership ; 7.2 Collaborative (Joint) Authorship ; 7.3 Collective Works ; 7.4 Works Made for Hire or under Employment ; 7.5 Audiovisual Works (Including Cinematographic Works) ; 7.6 Ownership by Transfer ; Chapter 8 Term of Protection ; 8.1 Copyright ; 8.2 Neighboring Rights ; 8.3 Comparison of Terms ; 8.4 Retroactivity ; Chapter 9 Economic Rights ; 9.1 Copyright ; 9.2 Neighboring Rights ; Chapter 10 Moral Rights ; 10.1 Right of Paternity ; 10.2 Right of Integrity ; 10.3 Right of Divulgation ; 10.4 Right of Withdrawal ; 10.5 Limitation and Waiver of Moral Rights ; Chapter 11 Exemptions, Statutory Licenses, and Other Limitations on Exclusive Rights ; 11.1 The Three-Step Test ; 11.2 Private Uses ; 11.3 Incidental Uses ; 11.4 Public Uses ; 11.5 Reproduction and Translation in Developing Countries ; 11.6 External Constraints on Copyright ; Chapter 12 Enforcement ; 12.1 Coercive Remedies ; 12.2 Monetary Remedies ; 12.3 Criminal Sanctions ; 12.4 Customs (Border) Measures ; Appendices ; 1. Berne Convention for the Protection of Literary and Artistic Works [Paris Text, 1971] ; 2. Berne Convention, Contracting Parties ; 3. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations [Rome Convention] ; 4. Rome Convention, Contracting Parties ; 5. WIPO Copyright Treaty [With Agreed Statements] ; 6. WIPO Copyright Treaty, Contracting Parties ; 7. WIPO Performances and Phonograms Treaty [With Agreed Statements] ; 8. WIPO Performances and Phonograms Treaty, Contracting Parties ; 9. Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods [TRIPs Agreement] ; 10. Members of the World Trade Organization [WTO] ; 11. International Copyright Relations of the United States of America ; Bibliography ; Index