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The Google Book Settlement And The Trips Agreement, Daniel J. Gervais
The Google Book Settlement And The Trips Agreement, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant provisions of the Berne Convention that were incorporated into TRIPS, in particular the no-formality rule, the most-favored nation (MFN) clause, national treatment obligations, and the so-called three-step test.
Golan V. Holder: A Look At The Constraints Imposed By The Berne Convention, Daniel J. Gervais
Golan V. Holder: A Look At The Constraints Imposed By The Berne Convention, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne Convention. This Essay argues that the Berne Convention obligates the United States as a Berne Union member to provide some degree of protection, but otherwise leaves wide latitude to set the conditions under which works in the public domain receive retroactive copyright protection. The Convention itself does not mandate that any particular level of protection be granted to such works …