International copyright Part 10

U.S.A. Ct. App. Oct. 26, 2004: Copyright Act, Sec. 1201(a)(1) and (2), 1201(f) – Originality in a computer program – Use of copyrighted work as a lock – 03-5400 – Lexmark International, Inc. v. Static Control Components – “Lexmark v. Static Control Components”Comment by C. Meninsky
International Review of Intellectual Property and Competition Law
Volume 36, Number 2, 2005

BONNEVILLE INTERNATIONAL CORP. v. PETERS: CONSIDERING COPYRIGHT RULES TO FACILITATE LICENSING FOR WEBCASTING
Tomomi Harkey
Berkeley Technology Law Journal
Volume 20, Number 1, Annual Review 2005 p.625

TOWARDS A NEW CORE International copyright NORM: THE REVERSE THREE-STEP TEST
Daniel J. Gervais
Marquette Intellectual Property Law Review
Volume 9, Number 1, Winter 2005 p.1

[Part II: General Articles] Practical Aspects of Monetary Compensation: The US – Copyright Case
O’Connor, B.
Journal of International Economic Law
Volume 8, Number 1, March 2005

The mutually satisfactory temporary arrangement reached between the EC and the US in the WTO US Copyright dispute raises a number of legal issues in international, WTO and EC law as well as systemic considerations for the WTO dispute settlement system. It is the first time that monetary compensation has been granted within the terms of Article 22 of the DSU. The agreement is that the US makes a payment of moneys directly to a specific private body in the EC as a temporary arrangement during a period of implementation. The availability and mechanics of monetary compensation as a WTO remedy is currently being debated (see, among many others, ‘Financial Compensation in the WTO: Improving the Remedies of WTO Dispute Settlement’ in this journal). This brief note examines whether the granting of monetary compensation in this case is consistent with the WTO agreements and, in particular, the most-favoured-nation principle. It also considers whether any inconsistency with the WTO agreements can be justified under WTO rules or general international law. Furthermore, the note outlines the international law and EC law implications of the Community’s authorization of a payment to a private party. The conclusion reached is that, while the idea of monetary compensation for private parties may have much support, considerable thought will have to be given to its practical and legal implementation both in WTO and EC law.

Tokyo District Court, judgement, November 18,2002
Japanese Yearbook of International Law
Volume 46, 2003 p.186

Copyright –Jurisdiction — International Jurisdiction — Tort — Damages — Injunction — Domestic Grounds for a Forum — Special Circumstances

International Copyright Law: Beyond the WIPA & TRIPS Debate
Elaine B. Gin
Journal of the Patent and Trademark Office Society
Volume 86, Number 10, October 2004 p.763

Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the Needs of a Global Community
Megan M. Carpenter
Yale Human Rights & Development Law Journal
Volume 7, 2004

The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples’ rights to protection and ownership of culturally specific properties. It is true that intellectual property laws are based on Western, developed markets, Western concepts of creation and invention, and Western concepts of ownership. But whatever their origins, those laws have been, and currently are, the primary vehicle for the protection of artistic, literary, and scientific works worldwide. To segregate indigenous interests from this international legal regime, particularly in light of the increasing globalization of markets, is to deny indigenous peoples both a powerful legal shield and a powerful legal sword. This Article argues that copyright laws can, and must, be expanded so as to maintain the vitality of, and protect, the creative artistic and literary works of indigenous cultures. The Article proposes three major changes to international copyright law: the incorporation of collective and communal notions of authorship, the expansion of the originality requirement to reflect these forms of authorship, and the application of limits on the duration of copyright protection in a broader community context. The Article further proposes that a variety of intellectual property mechanisms be drawn upon to provide special protection for “sacred”cultural works.

Author: international

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International copyright.