WIPO Copyright Treaty Part 2

WIPO Copyright Treaty Part 2

 

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Technological Protection Measures in the United States, the European Union and Germany: How Much Fair Use Do We Need in the “Digital World” ?
Wencke Basler
Virginia Journal of Law & Technology
Volume 8, Issue 3, Fall 2003

LAW JOURNAL / LAW REVIEW

As digital technological advances have created new opportunities for exploiting copyrighted works, governments worldwide have sought to recalibrate the balance between preserving the protection copyright holders deserve while maintaining the proper degree of access for “fair users.” The WIPO Copyright Treaty (“WCT” ), which devised new legal measures for achieving this balance, has been implemented in the United States through the Digital Millennium Copyright Act and in several Member States in the European Union through the EU Copyright Directive. Because differences exist in how the United States and EU Member States, particularly Germany, have implemented the WCT, an examination of these systems reveals some advantages and disadvantages that point toward a refined balance between copyright protection and fair use. While both the U.S. and EU/German systems prohibit the circumvention of, and the trafficking in, access control devices, the United States regime does not prohibit the circumvention of copy control devices. Consequently, U.S. users who can circumvent a copy control device without trafficking in such devices may make fair use of the copyrighted material. The EU/German system does not permit the user to circumvent the copy control devices in any respect, but it does require the copyright holder to provide the user, in exchange for compensation, with the means to bypass the copy control devices and make fair use of the copyrighted material. This requirement, which expands the degree to which copyrighted material is made more accessible for fair use, gives the EU/German system a decided advantage over the U.S. regime, though the EU/German system has drawbacks that impair its effectiveness.

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Achieving Balance in International Copyright Law Review of The WIPO Treaties 1996: The WIPO Copyright Treaty and The WIPO Performances and Phonograms Treaty: Commentary and Legal Analysis
Jane C. Ginsburg
Columbia Journal of Law & the Arts
Volume 26, Number 2, Spring 2003 p.201

LAW JOURNAL / LAW REVIEW

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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

LAW JOURNAL / LAW REVIEW

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.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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