International copyright Part 13

The Development and Incorporation of International Norms in the Formation of Copyright Law
Graeme B. Dinwoodie
Ohio State law Journal
Volume 62, Number 2, 2001 p.733

Music on the Internet: An International copyright Dilemma
Liz Robinson
University of Hawaii Law Review
Volume 23, Number 1, Winter 2000 p.183

STATE OWNERSHIP OF COPYRIGHTS IN PRIMARY LAW MATERIALS
Irina Y. Dmitrieva
Hastings Communications and Entertainment Law Journal (Comm/Ent)
Volume 23, Number 1, Fall 2000 p.81

Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, Court Reports or administrative compilations. The author reviews the Common law and federal statutory law of copyright protection of state primary law materials, presents the results of the statutory research and judicial interpretations of specific provisions, and concludes with an analysis of the findings and a proposal for changes in the law.

NEW TECHNOLOGY CLAUSES AREN’T BROAD ENOUGH: WHY A NEW STANDARD OF INTERPRETATION MUST BE ADOPTED FOR INTERNET DISTRIBUTION
Lisa A. Flate
Hastings Communications and Entertainment Law Journal (Comm/Ent)
Volume 23, Number 1, Fall 2000 p.171

The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.

Choice of Law and International Copyright
William Patry
American Journal of Comparative Law
Volume 48, Number 3, Summer 2000 p.383

Finding a Conflicts Issue in International Copyright Litigation: Did the Second Circuit Misinterpret the Berne Convention in Itar-Tass?
David E. Miller
Cardozo Journal of International & Comparative Law
Volume 8, Number 2, Summer 2000 p.239

Digital Delivery and Distribution of Music and Other Media: Recent Trends in Copyright Law; Relevant Technologies; and Emerging Business Models
Jennifer Burke Sylva
Loyola of Los Angeles Entertainment Law Review
Volume 20, Number 2, 2000 p.217

This Article addresses whether existing copyright law, including the Copyright Act and recent amendments such as the Digital Millennium Copyright Act and the World Intellectual Property Organization Treaties , is effective in enabling copyright holders to regain and retain control over the dissemination of their properties in a digital environment, or whether additional measures are required. This Article focuses on future releases, which are traceable through embedded watermarks and other identifying codes enabling those releases to be tracked and traced throughout the networked world. Part II of this Article outlines the exclusive rights granted under the Copyright Act. Part III then discusses recent international Treaties and domestic laws that were implemented to cope with the enormous changes resulting from existing and emerging communications technologies. Part III also highlights some apparent weaknesses in the domestic laws. Part IV explains the distinction between digital distribution and digital delivery, and describes some of the internet business models that have arisen. Finally, Part V concludes that although the entertainment industry is experiencing growing pains and the enormous discomfort that arises where there is uncertainty in business, the legitimate digital distribution and delivery of music, video and film may prove to be the industry’s biggest revenue ticket ever, provided that content providers focus on long term goals and revenue building strategies that incorporate current consumer expectations.

Author: international

Mentioned in these Entries

Berne Convention, Common law, Court Reports, International copyright, State law, Treaties.