Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Copyright

International Law

Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 75

Full-Text Articles in Law

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh May 2018

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...


Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen Feb 2018

Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen

Maine Law Review

In 1992, Professor Elisha Qimron of Ben Gurion University in Be'er Sheva, Israel, brought suit against the editors and publisher of A Facsimile Edition of the Dead Sea Scrolls, a complete set of photographs of the scrolls, for copyright infringement and the tort of mental anguish asking for approximately $250,000 in damages. The case centered on an appendix of the book which included a portion of a scroll text, Misgat Ma'Aseh ha-Torah—Some Rulings Pertaining to the Torah (MMT), reconstructed by Qimron. MMT consists of 121 lines of text, and Qimron's reconstruction—referred to in the ...


Online Piracy Of Live Sports Telecasts In India, Seemantani Sharma Jan 2018

Online Piracy Of Live Sports Telecasts In India, Seemantani Sharma

Marquette Sports Law Review

None


Enforcement Of Media Piracy: America's Hardline Approach Versus Japan's Lackadaisical Approach And The Future Of Enforcement In Japan Under The Trans-Pacific Partnership, Richard Michael Cannon Jan 2017

Enforcement Of Media Piracy: America's Hardline Approach Versus Japan's Lackadaisical Approach And The Future Of Enforcement In Japan Under The Trans-Pacific Partnership, Richard Michael Cannon

Washington University Global Studies Law Review

No abstract provided.


Extended Collective Licenses In International Treaty Perspective: Issues And Statutory Implementation, Jane C. Ginsburg Jan 2017

Extended Collective Licenses In International Treaty Perspective: Issues And Statutory Implementation, Jane C. Ginsburg

Faculty Scholarship

National legislation establishing extended collective licenses (ECLs) “authoriz[es] a collective organization to license all works within a category, such as literary works, for particular, limited uses, regardless of whether copyright owners belong to the organization or not. The collective then negotiates agreements with user groups, and the terms of those agreements are binding upon all copyright owners by operation of law.” Albeit authorized under national laws, collective coverage of non-members’ works may pose issues of compatibility with international norms. For example, if non-members must opt-out in order to preserve the individual management of their rights, is the opt-out a ...


Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu Jan 2017

Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu

Faculty Publications

This Article compares the natural rights property framework with the human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition, but they appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Advocates of a human rights approach to intellectual property contend, however, that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a ...


Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Budiardjo Jan 2017

Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Budiardjo

Faculty Scholarship

Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several recent cases, primarily in the European Union, demonstrate the difficulties of enforcing the right of communication to the public (or, in US copyright parlance, the right of public performance by transmission) against those who provide hyperlinks that effectively deliver infringing content to ...


Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble Sep 2016

Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble

Nevada Law Journal

No abstract provided.


Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight Jul 2016

Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche Jun 2016

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche

Pace Intellectual Property, Sports & Entertainment Law Forum

Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the ...


Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba Mar 2016

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Journal of Intellectual Property Law

No abstract provided.


Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young Jan 2016

Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young

Cybaris®

No abstract provided.


The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs Jan 2016

The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs

Michigan Telecommunications and Technology Law Review

The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it ...


Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc Fritzsche Sep 2015

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc Fritzsche

Marc Fritzsche

With the digitalization of music and the increasing popularity of online streaming services, people can conveniently create their own playlists and music compilations at will and share them worldwide. Imagine a world in which any selection and arrangement of songs, whether made by you, a DJ, a radio station, or a record label, is protected under the regime of Copyright Law. The result would be a vast amount of copyright infringements when a playlist or compilation gets mimicked by others. Thus far, only the High Court in London, UK, was confronted with this problem, but the parties settled, leaving the ...


Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza Sep 2015

Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest Aug 2015

Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest

Sean Pager

INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?

Sean A. Pager Michigan State University College of Law

Eric Priest University of Oregon School of Law

ABSTRACT

This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target ...


Copyright In Pantomime Aug 2015

Copyright In Pantomime

Brian L. Frye

Why does the Copyright Act specifically provide for the protection of “pantomimes”? This article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of “les pantomimes” and “entertainments in dumb show” in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to “pantomimes” was forgotten. This Article argues that ...


International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson Mar 2015

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein Feb 2015

International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein

Georgia Journal of International & Comparative Law

No abstract provided.


Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn Feb 2015

Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn

Western Journal of Legal Studies

The pre-digital marketplace is no longer sustainable. With the imposition of digital rights management restrictions on the distribution of media, the Internet cannot promote intellectual freedom. Peer-to-peer file sharing technology helps expose the work of artists and authors to a much wider audience than previously possible. This provides an opportunity for more sales and a greater number of successful artists and authors. Yet corporate copyright owners continue to propagate the “piracy” label to discredit the idea of open access channels. This paper argues that as information professionals, librarians are in a position to promote policy change that revolutionizes the political ...


The Right To Read, Lea Shaver Feb 2015

The Right To Read, Lea Shaver

Lea Shaver

Reading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right?

Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in international law ...


Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli Jan 2015

Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli

Faculty Scholarship

Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution contracts, the resulting deal may favor the interests of the intermediary to the detriment of the author’s interests. Many national copyright laws have introduced a variety of corrective measures, from the very first copyright act, the 1710 British Statute of Anne, which instituted the ...


Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu Jan 2015

Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu

Faculty Publications

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major ...


From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer Dec 2014

From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer

Matthew Rimmer

The Korea-Australia Free Trade Agreement 2014 (KAFTA) is a Kafkaesque agreement – with its secret texts, speculative claims, and shadowy tribunals. Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement2014 (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement. There has been much debate in the Australian Parliament over the transparency of the trade agreement; the scope of market access provided under ...


Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn Sep 2014

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña Sep 2014

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek Aug 2014

The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek

Catholic University Law Review

No abstract provided.


Decoding Bollywood’S Royalty-Sharing Conundrum, Pralika Jain Apr 2014

Decoding Bollywood’S Royalty-Sharing Conundrum, Pralika Jain

Pralika Jain

India’s film making community and business got „industry‟ status only in 2011. However, unlike major industries such as telecom and pharmaceutical, the film industry (popularly known as “Bollywood”) is characterised by a major lack of legal rules and institutions to administer them, the problem being most acute in respect of artists. Consequently, the industry is governed completely by market forces whose successful players wield nearly all the bargaining power. It’s almost baffling that a film industry which is currently worlds second in terms of revenue is so thinly regulated.


Copyright And Inequality, Lea Shaver Feb 2014

Copyright And Inequality, Lea Shaver

Lea Shaver

The prevailing theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. The majority of the world’s people experience copyright law not as a boon to consumer choice, but as a barrier to acquiring knowledge and taking part in cultural life. The resulting patterns of privilege and disadvantage, moreover, reinforce and perpetuate preexisting social divides. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the insight is that just because new ...


Following An International Copyright Regime At A Large National Cost: Is It Worth It?, Vaishali Khatri Jan 2014

Following An International Copyright Regime At A Large National Cost: Is It Worth It?, Vaishali Khatri

The Journal of Business, Entrepreneurship & the Law

The main question at issue is which view of copyright law the United States should adhere to. Founders of American copyright law based our Constitution on utilitarian principles that promote the spread of knowledge and information to the general public. It has always been held that innovation and creativity were of core importance in an efficiently functioning democracy. With the passing of Section 514, the United States digressed from its national roots in order to comply with an international regime of copyright law. This decision in Golan takes steps to afford private economic benefit to a few copyright holders at ...