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Copyrights_Outline_MRV

Copyrights_Outline_MRV - Copyright Law Outline Marta R...

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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
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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
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