International copyright Part 12

Copyright Law-First Circuit Countermands Photographer’s Copyright in Favor of Fair Use -Nunez v. Caribbean International News Corp., 235 F.3d 18 (1st Cir. 2000)
Suffolk University Law Review
Volume 35, Number 3, 2001 p.689

Enter the Dragon: China’s WTO Accession, Film Piracy and Prospects for the Enforcement of Copyright Laws
Brent T. Yonehara
UCLA Entertainment Law Review
Volume 9, Issue 2, Spring 2002 p.389

China’s recent accession into the World Trade Organization provides the nation with an opportunity to become the next major, economic power but also the burden of abiding by international Treaties dealing with various intellectual property protections. Brent T. Yonehara explores the challenge that will lie ahead for China due to its historical and cultural indifference toward Piracy and the existing inefficient system of copyright law enforcement. Along the way, he discusses some actions that China and the United States can pursue in order to ease China’s transition while protecting the American film industry.

International copyright Law: Is It Music to American Ears?
Heather Nehila
Temple International and Comparative Law Journal
Volume 16, Number 1, Spring 2002 p.199

INTERNATIONAL COPYRIGHT INFRINGEMENT AND THE INTERNET: AN ANALYSIS OF THE EXISTING MEANS OF ENFORCEMENT
Matthew V. Pietsch
Hastings Communications and Entertainment Law Journal (Comm/Ent)
Volume 24, Number 2, Winter 2002 p.273

An aspect of the Internet that contributes to the difficulty in policing copyright infringement is the inherently international nature of the medium. This article will identify some of the more complicated copyright enforcement issues that exist and will also describe some of the current legal devices available to combat international copyright infringement, such as: (1) the Digital Millennium Copyright Act; (2) the European Union Directive on Electronic Commerce; (3) the World Trade Organization and the related Agreement on Trade-Related Aspects of Intellectual Property; (4) the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty; (5) the North American Free Trade Agreement; and (6) Section 301 of the Trade Act of 1974. This article will discuss the potential application of each of these bodies of law to the Internet, their shortcomings when applied to the Internet, and some suggestions as to how the current international system of copyright enforcement might be strengthened in the context of the Internet.

A Proposal for an International Licensing Body to Combat File Sharing and Digital Copyright Infringement
Howard P. Goldberg
Boston University Journal of Science & Technology Law
Volume 8, Number 1, 2002 p.272

GO TO JAIL–DO NOT PASS GO, DO NOT PAY CIVIL DAMAGES: THE UNITED STATES’ HESITATION TOWARDS THE INTERNATIONAL CONVENTION ON CYBERCRIME’S COPYRIGHT PROVISIONS
Adrienne N. Kitchen
John Marshall Review of Intellectual Property Law
Volume 1, Issue 2, Spring 2002 p.364

TRIPS Dispute Settlement and the Sources of (International) Copyright Law
Ruth Okediji
Journal of the Copyright Society of the U.S.A.
Volume 49, Number 2, Winter 2001 p.585

Protecting Against International Infringements in the Digital Age Using United States Copyright Law: A Critical Analysis of the Current State of the Law
Brandon Dalling
Brigham Young University Law Review
Volume 2001, Number 3 p.1279

The First International Challenge to U.S. Copyright Law: What Does the WTO Analysis of 17 U.S.C. § 110(5) Mean to the Future of International Harmonization of Copyright Laws under the TRIPS Agreement?
Sarah ?. Henry
Penn State International Law Review
Volume 20, Number 1, Fall 2001 p.301

DIGITAL DISSEMINATION OF CULTURAL INFORMATION: COPYRIGHT, PUBLICITY, AND LICENSING ISSUES IN CYBERSPACE
Marilyn Phelan
Southwestern Journal of International Law
Volume 8, Number 1, 2001-2002 p.177

This article addresses copyright, publicity, and licensing issues that cultural institutions must consider when they disseminate digital images over the Internet. It addresses copyright issues through a review of the U.S. Copyright Act, the Universal Copyright Convention, the Berne Convention , and the WIPO treaty, to determine the extent of international protection for cultural institutions as they reproduce their collections for transmission to a worldwide audience. Section II applies copyright laws to the electronic age. Section III presents means to protect an artist’s moral right in Internet downloading. Section IV addresses problems relating to locating an Internet infringer and determining the proper forum and choice of law for an infringement claim. Section V presents difficult questions regarding protection and potential liability outside copyright law, such as right of privacy, publicity, and unfair competition. Section VI explores alternative means of protection through licensing of digital images.

Author: international

Mentioned in these Entries

Berne Convention, Fair Use, International copyright, Piracy, Treaties.