Copyrights_Outline_MRV - Copyright Law Outline Marta R...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Copyright Law Outline Marta R. Vanegas Fall 2009 I. C OPYRIGHT B ASICS A. The copyright statute (Copyright Act of 1976) (effective 1/1/78) 1. Grants authors exclusive right to their work: a. There are trailing aspects of past acts that are still prevalent 2. 4 important amendments: a. Berne Convention Implementation Act (BCIA), effective 1/1/96: existed for 100yrs before US joined b/c US Copyright Act conflicted and the US didn’t want to change laws to comply b. Uruguay Round Agreements Act (URAA), effective 1/1/96: brought to compliance with TRIPs c. Sonny Bono Copyright Term Extension Act d. Digital Millennium Copyright Act: byzantine, a big fat mess, too complex w/ too many exceptions B. Berne Convention 1. Existed for 100yrs before US joined 2. Based on 2 principles a. National treatment: you must treat the other country just as you would give to your own country i. Contrast to reciprocity: complicated to enforce b/c you need to know the laws of the countries (A) Ex of reciprocity: A provides reproduction rights for motion pictures and B does not. Under reciprocity, B would not provide protection of A’s motion pictures. (B) Early agreements were bilateral (ex: US would protect French authors and likewise) b. Advantage of national treatment: you don’t need to know other’s laws b/c you just apply your own law; it is simple. c. Problem: fairness! i. Countries providing weak protection will have their work strongly protected in strong protection countries….countries providing strong protection will lose that protection in weak protection countries 3. Minimum standards: even though there is national treatment, there is a minimum (floor, not a ceiling)! a. Countries can provide a higher level of protection C. TRIP S 1. One of the WTO treaties 2. Requires signatories to comply with Berne , except for moral rights a. Adds some requirements of its own b. Violations are subject to WTO enforcement mechanisms 1 Copyright Law Outline Marta R. Vanegas Fall 2009 c. There were no realistic sanctions in Berne! 3. Any country belonging to the WTO must abide by TRIPs a. To a large extent, developing countries went along with TRIPs for economic reasons; b. developing countries have to pay an increased costs b/c of IP protection i. ex: copyrighting a book increases the cost of the book ii. ex: India used to produce drugs patented by other people until TRIPs; now it is able to create its own drugs and patent them….however, poorer countries would not be able to do the R&D 4. WIPO treaties: Berne, Copyright, and Performers treaties don’t have teeth until they are incorporated in TRIPS 5. Differences in developing/developed countries: a. The primary purpose of copyright in US: economics; to encourage the creation and dissemination of works for the good of the public; rewarding the authors is a byproduct b. The moral rights in 6-bis Bern, pg. 34: the US has not adopted the author’s rights approach i. Right of attribution to be known as the author of a work...
View Full Document

This note was uploaded on 11/08/2010 for the course ULA 3524 taught by Professor Jussim during the Spring '10 term at SW Law.

Page1 / 103

Copyrights_Outline_MRV - Copyright Law Outline Marta R...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online