Berne Convention Part 1

Colonial Copyright, Postcolonial Publics: The Berne Convention and the 1967 SLaw Journal / Law Reviewkholm Diplomatic Conference Revisited
Eva Hemmungs Wirtén
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 3, 2010 p.532-550

In the annals of International copyright history-by and large synonymous with the Berne Union and the Berne Convention for the Protection of Literary and Artistic Works-translation occupies a contested space. At the end of the nineteenth century, as the nascent Convention tried to come to terms with the legal ramifications of translation and the way it challenged the perceived stability of the work, translation also acted as a conduit for geopolitical tensions between producer/user-nations. A conflict native to the Convention, the dichotomy between export/import and developed/developing nations returned with a vengeance during the calamitous SLaw Journal / Law Reviewkholm Revision Conference in 1967. In the following, I revisit this critical juncture in International copyright history to consider the divergent claims and counter-claims relating to translation and the dissemination of knowledge. The purpose of this essay is to contribute to a historically informed understanding of current processes surrounding the construction, dissemination and control of knowledge, as they materialise, for instance, in the WIPO Development Agenda.

Tokyo District Court, Judgment, December 14, 2007 Protection of Copyrighted Works of the DPRK-Article 6(3) of Japan’s Copyright Act-Legal relations under the Berne Convention with an Unrecognized State
Japanese Yearbook of International Law
Volume 52, 2009 p.665

Rethinking the Berne-Plus Framework: From Conflicts of Laws to Copyright Reform
PAUL EDWARD GELLER
European Intellectual Property Review
Volume 31, Issue 8, 2009 p.391

Copyright laws, globally, are in crisis. We propose to rethink the international framework for copyright reform in order to start resolving this crisis. The Berne Convention, plus the TRIPs Agreement and the WIPO Copyright Treaty , constitute this framework. Berne-plus bundles of rights and exceptions, we here argue, have to be reconceptualised in terms of a core author’s right of communication. We also here illustrate how courts, in proliferating cases of conflicts of copyright laws, may commence this paradigm shift.

Switzerland Sup. Ct. 26 June 2007 – Reproductions needed to make internal electronic press review Private use Press cutting and documentation services Preparing electronic press reviews for customers according to latter’s keywords Third parties Three-step test Copyright Act, Arts. 10(1), (2)(a), 19(1)(c), (2), (3)(a), 20(2), (4), 44, 49(3); Berne Convention (Paris Version), Art. 9(2); TRIPS, Art. 13 4C.73/2007 ProLitteris v. Aargauer Zeitung AG, et al. “Electronic Press Review”(Elektronischer Pressespiegel)
International Review of Intellectual Property and Competition Law
Volume 39, Number 8, 2008 p.990

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

France Sup. Ct. 28 Feb. 2006 Exception for private copy – Technical measures to prevent making of copies inserted on media – Whether acceptable – Interpretation of “normal exploitation of work”- Intellectual Property Code, Arts. L.122-5, L.211-3; Berne Convention, Art. 9.2; EC Dir. 2001/29- Perquin and UFC Que Choisir v. SA Films Alain Sarde, Ste Universal Pictures video France et al. – “DVD Copy III”
International Review of Intellectual Property and Competition Law
Volume 37, Number 6, 2006 p.760

The Fair Use Doctrine in the U.S. American Copyright Act and Similar Regulations in the German Law
Postel, Holger
Chicago-Kent Journal of Intellectual Property
Volume 5, Issue 2, Spring 2006 p.142

This paper concentrates on the American Fair Use doctrine and compares it with similar German copyright limitations. Both America and Germany are members of the Berne Convention as well as the TRIPS Agreement. According to Article 9 Paragraph 2 of the Berne Convention and Article 13 of the TRIPS Agreement, the so-called “three step test”applies, granting limitations of copyright only when limitations “do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.”Therefore, a basic similarity already exists in both countries because of these Treaties . Nonetheless, the paper will show that German copyright law is unfamiliar with a sole limitation section of the right of the copyright holder like the American Fair Use doctrine. Moreover, the German law provides several limitations in different parts of its code. The paper will show to what extent these limitations are similar with the American Fair Use doctrine and to what extent the American law differs from the German law.

Author: international

Mentioned in these Entries

1000 Top law pages in Wikipedia in may 2012, 1500 Top law pages in Wikipedia in may 2012, Absence of Copyright Notice, Berne Convention Part 2, Berne Convention, Conventions: Chronological Index 1951-1970, Copyright Formalities, Copyright Investigation, EU Copyright Directive Part 2, Fair Use, History of Labor Legislation, Intelectual property international conventions, International Commercial Law, International copyright Part 2, International copyright Part 5, International copyright Part 6, International copyright, International copyright2, International copyright3, International institutions4, International law topics, List of international public law topics, Outline of International art and cultural heritage law, Trade and Commercial Relations conventions, Treaties.