International copyright Part 5

 

Copyright Enforcement at All Costs? Finding a Place for Balance in the International Enforcement Agenda
Tanya Woods
AIPLA Quarterly Journal
Volume 37, Number 3, Summer 2009 p.347

National and International Dimensions of Copyright Law in the Internet Age Harmonizing exemptions: The Case of Orphan Works
ALLARD RINGNALDA
European Review of Private Law
Volume 17, Number 5, 2009 p.895

Implementing an International Instrument for Interpreting Copyright Limitations and Exceptions
C. Geiger
International Review of Intellectual Property and Competition Law
Volume 40, Number 6, 2009 p.627

International copyright ENFORCEMENT
Berkeley Technology Law Journal
Volume 24, Number 1, 2009

THE COPYRIGHT (NEW TECHNOLOGIES) AMMENDMENT ACT 2008
EARL GRAY AND KATE WALTERS
Computer and Telecommunications Law Review
Volume 15, Issue 4, 2009 p.88

The Copyright (New Technologies) Amendment Act 2008 has updated New Zealand’s Copyright Act 1994 to keep in step with technological advances and to reflect international developments. A number of key amendments are identified in this article. With the exception of the controversial s.92A, these amendments are now all in force.

The SAC Proposal for the Monetization of the File Sharing of Music In Canada: Does It Comply With Canada’s International Treaty Obligations Related to Copyright?
Barry Sookman
Intellectual Property Journal
Volume 21, 2007-2008 p.159

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.

Musical Copyright Society of Nigeria v Nigerian Copyright Commission
AURELIA J. SCHULTZ
Entertainment Law Review
Volume 20, Issue 6, 2009 p.232

Early last year the Musical Copyright Society of Nigeria sued the Nigerian Copyright Commission, claiming that provisions in the Nigerian Copyright Act were unconstitutional and in violation of international agreements. The parties have had many disagreements over the past decade since the government first enacted the relevant copyright provisions. The current state of the music industry in Nigeria has reduced the usual disagreements to a law suit questioning the validity of the provisions.

THE PIRATE PARTY AND THE PIRATE BAY: HOW THE PIRATE BAY INFLUENCES SWEDEN AND INTERNATIONAL COPYRIGHT RELATIONS
Miaoran Li
Pace International Law Review
Volume 21, Number 1, Winter 2009 p.281

Protection of Performers’ Rights-Evolution and Administration in India
DIVYA SUBRAMANIAN
Entertainment Law Review
Volume 20, Issue 4, 2009 p.139

Performers’ rights have an important role to play in the realm of technology and copyright. Regimes have evolved through international conventions and in the establishment of copyright societies. This article examines the evolution of performers’ rights and copyright societies internationally, along with an analysis of their growth and development in India.

GLOBAL WARMING TREND? THE CREEPING INDULGENCE OF Fair Use IN INTERNATIONAL COPYRIGHT LAW
Richard J. Peltz
Texas Intellectual Property Law Journal
Volume 17, Number 2, Winter 2009 p.267

How Long is a Piece of String? The Meaning of “Commercial Scale”in Copyright Piracy
PAUL SUGDEN
European Intellectual Property Review
Volume 31, Issue 4, 2009 p.202

Criminal remedies used to protect a private right of copyright ownership is an issue currently being debated in Europe with the European Parliament accepting the Second Intellectual Property Directive, to harmonise the provision of criminal remedies in Europe, and the World Trade Organisation Dispute Settlement 362 between China and the United States. Only “commercial scale”copyright infringements (not individual use for private purposes) will lead to criminal action. “Commercial scale”is conceptually difficult to define and cases from jurisdictions such as Hong Kong, the United Kingdom, the United States and Australia confirm international trends in the acceptance of concepts of “commercial scale”as the requirement for criminal copyright liability. The article considers the matrix of issues used by courts to define this phrase.

 

Author: international

Mentioned in these Entries

Berne Convention, Fair Use, International copyright, Piracy.