International copyright Part 8

International copyright Part 8

 

60

An International-Comparative Perspective on Peer-to-Peer File-Sharing and Third Party Liability in Copyright Law: Framing the Past, Present, and Next Generations’ Questions
Guy Pessach
Vanderbilt Journal of Transnational Law
Volume 40, Number 1, January 2007 p.87

LAW JOURNAL / LAW REVIEW

61

Harmonization of International copyright Protection in the Internet Age
Christian A. Camarce
Pacific McGeorge Global Business & Development Law Journal
Volume 19, Number 2, 2007 p.435

LAW JOURNAL / LAW REVIEW

62

HOLLYWOOD IS COMING! COPYRIGHT AND FILM INDUSTRY ISSUES REGARDING INTERNATIONAL FILM CO-PRODUCTIONS INVOLVING INDIA
Timm Neu
San Diego International Law Journal
Volume 8, Number 1, Fall 2006 p.123

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63

International Copyright Law And Litigation: A Mechanism For Improvement
Roberto Garza Barbosa
Marquette Intellectual Property Law Review
Volume 11, Number 1, Winter 2007 p.77

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64

International Patent Law is Obsolete and Copyright is Obsolete
Roger Cullis
Journal of Intellectual Property Law & Practice
Volume 1, Number 13, December 2006 p.867-868

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65

Fixing the Three-step Test
KAMIEL J. KOELMAN
European Intellectual Property Review
Volume 28, Issue 8, August 2006 p.407

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The three-step test is at the core of copyright law. All exemptions to copyright and the neighboring rights have to comply with this test. It takes centre stage in international copyright law. Additionally, some countries inserted the test in their copyright acts. In others, judges apply the three-step test if they are in doubt whether an activity may be exempted. However, the three-step test is seriously flawed and not suited for application by the courts. This contribution sets out the problem and proposes a possible solution.

66

Beyond an Oil Canvas: New Media and Presentation Formats Challenge International Copyright Law’s Ability to Protect the Interests of the Contemporary Artist
Molly Anne Torsen
Art, Antiquity and Law
Volume 11, Issue 1, January 2006

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67

Passing the Global Test: DMCA § 1201 as an International Model for Transitioning Copyright Law Into the Digital Age
Chris Kruger
Journal of the Copyright Society of the U.S.A.
Volume 53, Numbers 3-4, Spring 2006-Summer 2006 p.447

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68

A Historical Approach to the Current Copyright Law in Spain
JULIAN RODRIGUEZ PARDO
European Intellectual Property Review
Volume 28, Issue 7, July 2006 p.389

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Since the first Spanish copyright privileges in the 15th century to the current process of update of the Spanish Copyright Act of 1996, the Intellectual Property system of Spain has evolved from specific national remarks to convergence with the EU law as well as International Treaties law. This article reviews the main changes in order to understand the current configuration of the Spanish copyright system.

69

Hitchcock’s “Rear Window”& International Copyright Law: An Examination of Stewart v. Abend & Its Affect on International Copyright Renewal and Exploitation
Seth M. Goldstein
Cardozo Journal of International & Comparative Law
Volume 14, Number 1, Spring 2006 p.247

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70

Moral Rights Protection in the United States and the Effect of the Family Entertainment and Copyright Act of 2005 on U.S. International Obligations
Brandi L. Holland
Vanderbilt Journal of Transnational Law
Volume 39, Number 1, January 2006 p.217

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71

Culture and the Digital Copyright Chimera: Assessing the International Regulatory System of the Music Industry in Relation to Cultural Diversity
Johnlee Scelba Curtis
International Journal of Cultural Property
Volume 13, Issue 1, February 2006 p.59-97

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72

PASSING THE GLOBAL TEST: DMCA §1201 AS AN INTERNATIONAL MODEL FOR TRANSITIONING COPYRIGHT LAW INTO THE DIGITAL AGE
Christopher D. Kruger
Houston Journal of International Law
Volume 28, Number 1, Spring 2006 p.281

LAW JOURNAL / LAW REVIEW

73

Beyond Oil on Canvas: New Media and Presentation Formats Challenge International Copyright Law’s Ability to Protect the Interests of the Contemporary Artist
Molly Ann Torsen
SCRIPTed: a Journal of Law, Technology & Society
Volume 3, Issue 1, March 2006 p.33-58

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Current copyright laws in all jurisdictions are lacking explicit provisions for protecting many types of contemporary art. It remains unclear to what extent ideas should be copyrightable as art, if at all; or whether an artwork’s commercial nature provides a decisive factor regarding appropriation. Certain situations seem plainly inappropriate, such as artists needing to seek legal counsel in conjunction with creating their artwork: inappropriate in its financial extravagance and in its inevitable curb on creativity. As such, it is incumbent upon courts and legislatures to analyze the issue and to provide guidance. It is the author’s finding that strong moral rights and a vibrant public domain are not necessarily at odds with each other, especially when parties are open to communication. Laws operate to provide structure when parties do not make other arrangements amongst themselves; contracts between artists and galleries, artists and publishers, even artists and other artists may provide the highest degree of satisfaction for specific parties to a specific situation. Not surprisingly, parties with legal or business interests in art and parties with artistic interests in art would communicate better if they understood each other’s situations. Hopefully the issues will continue to be the focus of some thought on all platforms such that informed legal decisions can be made and artists can pursue and protect their creative productions, no matter their format.

74

The Business Exemption of § 110(5) of the Copyright Act Violates International Treaty Obligations under Trips: Will Congress Honor its Commitments?
Charles Leininger
Journal of the National Association of Administrative law Judiciary
Volume 25, Number 2, Fall 2005 p.611

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75

Copyright and Free Speech: Comparative and International Analyses
European Intellectual Property Review
Volume 27, Issue 11, November 2005 p.440

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76

Are International Copyright Laws Keeping Up with the Internet?
Lisa Egan
Intellectual Property Forum
Issue 62, September 2005

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77

SEALAND HO! MUSIC PIRATES, DATA HAVENS, AND THE FUTURE OF INTERNATIONAL COPYRIGHT LAW
Kevin Fayle
Hastings International and Comparative Law Review
Volume 28, Number 2, Winter 2005 p.247

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Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Administrative law, International copyright, Treaties.


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