International copyright Part 6

International copyright Part 6

 

38

ISP liability for third party copyright infringement: A comparative analysis for setting international standard norms
Harshita Bhatnagar, Vinay V. Mishra
Acta Juridica Hungarica
Volume 50, Number 1, March 2009 p.59

LAW JOURNAL / LAW REVIEW

39

Opting Out of the Internet in the United States and the European Union: Copyright, Safe Harbors, and International Law
Hannibal Travis
Notre Dame Law Review
Volume 84, Number 1, November 2008 p.331

LAW JOURNAL / LAW REVIEW

40

Ricketson and Ginsburg, International copyright and Neighbouring Rights – The Berne Convention and Beyond
von Lewinski
International Review of Intellectual Property and Competition Law
Volume 39, Number 5, 2008 p.632

LAW JOURNAL / LAW REVIEW

41

Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel’s aggressive international attempts to protect its Barbie copyright and trademark
Liz Somerstein
University of Miami Inter-American Law Review
Volume 39, Number 3, Spring-Summer 2008 p.559

LAW JOURNAL / LAW REVIEW

42

E-Commerce Taxation and Cyberspace Law: The Integrative Adaptation Model
Rifat Azam
Virginia Journal of Law & Technology
Volume 12, Issue 3, Summer 2007

LAW JOURNAL / LAW REVIEW

This article argues that the current debate on international taxation of e-commerce is totally tax oriented and ignores cyberspace law and that this separation is unjustified and harmful to the development of e-commerce taxation law. Mutual intellectual feeding and integrative debate that is open and interesting to the general legal scholarly community is necessary to improve e-commerce law. To begin a debate on e-commerce taxation as part of cyberspace law, the author describes and incorporates for the first time the primary cyberspace literature into the e-commerce taxation debate. The author draws lessons from judicial jurisdiction in cyberspace, criminal law in cyberspace, and copyright law in cyberspace to argue that the law of cyberspace can help evolve the e-commerce tax regime. The article also examines the changes in these fields of law as they have adapted to cyberspace. Finally, the article presents the Integrative Adaptation Model to integrate the cyberspace law and e-commerce taxation debates. The Integrative Adaptation Model consists of four layers of adaptation: (1) developing income-classification rules and residency rules by case law, (2) introducing new source rules based on the location of the parties to the transaction and the physical income-production components, (3) using technology to apply the tax regime to e-commerce, and (4) gaining international consensus through international Treaties . The Integrative Adaptation Model is appropriate for taxing international e-commerce income.

43

Can Peer-to-Peer Internet Broadcast Technology Give Fans Another Chance? Peer-to-Peer Streaming Technology, Its Impact on Telecast of Professional Sports, and the Future of Digital Media on the Internet
Chia-heng Seetoo
University of Illinois Journal of Law, Technology & Policy
Volume 2007. Issue 2, Fall 2007

LAW JOURNAL / LAW REVIEW

The emergence of point-to-point television (“P2PTV”) technology is a good example of “convergence”in telecommunication law, the phenomenon that various types of media services can now be delivered over a single platform?the Internet. Traditionally, telecommunication law differed depending on the type of media, creating different sets of regulations and subject matter jurisdictions, and even varying levels of First Amendment protection in terms of content regulation. As the Internet and digital technology continue to grow, different media like telephone services, music and video distribution, and real-time streaming of music or video, would “converge”and become available on the Internet. This phenomenon would pose significant challenges to current regulatory schemes of communication, as well as copyright law. If copyright law is the appropriate law governing the convergence of media on the Internet, what problems are exposed by the rise of P2PTV technology? First, what is the right balance between protecting creative expressions and fostering technological advances? Second, what should be the appropriate compensatory scheme–how should the authors of creative expressions be compensated? Finally, is there need for international collaboration to set a more universal standard?

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Berne Convention, International copyright, Treaties.


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