International Copyright Law: U.S. and E.U. Perspectives


International Copyright Law: U.S. and E.U. Perspectives

Text and Cases

9781783477975 Edward Elgar Publishing
Jane C. Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia University, School of Law, New York, US and Edouard Treppoz, Professor, Université Paris 1 Panthéon-Sorbonne, France
Publication Date: 2015 ISBN: 978 1 78347 797 5 Extent: 880 pp
This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright Law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influence of the conventions and treaties that have shaped the current set of international norms, from the Berne Convention, and the Rome Convention of 1961, through to the WIPO Copyright Treaty and the TRIPS Agreement.

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Critical Acclaim
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International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.

This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighbouring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved.

Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centres on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject.

Key features of the casebook:

• written by two leading authorities in the field
• carefully selected extracts from primary and secondary sources
build a clear picture of the field
• expert analytical commentary and questions set the extracts in context
• US and EU perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments
• an issue-based approach that synthesizes the treaties and facilitates a nuanced understanding
• exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps
• leads students through the field from beginning to end.
Critical Acclaim
‘Professors Ginsburg and Treppoz’s pioneer casebook, International Copyright Law: US and EU Perspectives, is a ground-breaking contribution of this kind. It sets up a framework, hands over a guide map to students and facilitates them with interpretation tools and vivid examples for their international copyright law journey. Elaborately designed questions imply further upgraded research possibilities from all angles and are challenging and inspiring not only to students but to scholars and practitioners.’
– Journal of Contemporary European Research

‘This book represents a unique synthetic presentation of today''s positive law as regards international copyright law and its reception in the two main Western blocks. It is a must for students and teachers. Researchers, in my opinion, need the book since the sum it represents is what we all should know before drafting the first words of any opinion.’
– International Review of Intellectual Property and Competition Law


Contents: 1. History, Structure and Context of International Copyright Law PART I: APPLICABILITY OF INTERNATIONAL COPYRIGHT AND NEIGBOURING RIGHTS CONVENTIONS 2. From International Conventions to National Laws (or Relations between International and National Norms) 3. Points of Attachment of International Protection PART II: APPLICATION OF INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS CONVENTIONS 4. National Treatment and Most-Favored-Nation Treatment 5. Substantive minima 6. Lacunae – Authorship and Ownership PART III: APPLICATION OF NATIONAL NORMS: PRIVATE INTERNATIONAL LAW Introduction to International Private Law and its Application to Copyright and Neighbouring Rights 7. Jurisdiction to Adjudicate (Judicial Competence) 8. Conflict of Laws (Legislative Competence) 9. Recognition of Judgments Index
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