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Journal articles on the topic "Bern copyright convention (1886)"
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Al Nusair, Fayez, and Firas Massadeh. "Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002." Arab Law Quarterly 32, no. 3 (May 22, 2018): 281–97. http://dx.doi.org/10.1163/15730255-12323010.
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Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).
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Sastrawan, Gede, and Gede Sastrawan. "ANALISIS YURIDIS PELANGGARAN HAK CIPTA PADA PERBUATAN MEMFOTOKOPI BUKU ILMU PENGETAHUAN." Ganesha Law Review 3, no. 2 (July 1, 2021): 111–24. http://dx.doi.org/10.23887/glr.v3i2.446.
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This article discusses the Juridical Analysis of Copyright Infirigement On The Act Of Photocopying Books of Science. Copyright is a part of Intellectual Property Rights (HKI). The copyright phrase comes from a foreign term, namely Copyrights. The term Copyrights was first put forward in the Berne Comvertion (International Convention on Copyright concerning the protection of Art and Literature) which was held in 1886. According to Article 1 number (1) of Law Number 28 of 2014 concerning Copyright, it states that "Copyright is the right exclusive to the creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of the legislation.
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Shah, Sayed Zubair, and Muhammad Hamza Zakir. "CPEC AND INTELLECTUAL PROPERTY LAWS IN PAKISTAN." Global Journal for Management and Administrative Sciences 3, no. 4 (December 31, 2022): 43–55. http://dx.doi.org/10.46568/gjmas.v3i4.157.
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The "World Trade Organization (WTO)" is an organization that Pakistan is a part of, the primary goal of which is to improve international trade in a long-term, sustainable way. What's more, Pakistan stands behind the “Berne Convention for the Protection of Literary and Artistic Work of 1886” in addition to the “Universal Copyright Convention of 1952” and “The agreement on Trade-Related Aspects of Intellectual Property Rights, 1995 (TRIPs)”. On 1st January 1995, Pakistan signed the “Trade-Related Intellectual Property Rights (TRIPs Agreement)” with the “World Trade Organisations (WTO)” in terms of the protection afforded to intellectual property. The study is a mixed study focused on qualitative and quantitative studies and analyzed primary and secondary sources.
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Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (February 1, 2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.
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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada
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Pasechnyk, Olena. "INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.
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The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.
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Michnevisch, L. "Specific of copyright law development in certain ukrainian territories in the interwar period of the 20th century." Uzhhorod National University Herald. Series: Law 1, no. 75 (March 22, 2023): 35–40. http://dx.doi.org/10.24144/2307-3322.2022.75.1.5.
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The article is devoted to the characteristics of the legislative provision of copyright law in the lands of Eastern Galicia, Northern Bukovyna, Bessarabia, and Transcarpathia in the interwar period of the 20th century. The thesis is substantiated that there was no single approach to copyright law regulation in these territories, just as there was no single system of legislation in the field of intellectual property because at that time these lands were in the legal field of Poland, Romania, and Czechoslovakia, and even earlier – the Austro-Hungarian and Russian empires.
It was revealed that the legal regulation of copyright law protection in the interwar period was formed under the influence of European and national legal traditions. It was established that the Romanian legislation, which extended to the territory of Northern Bukovyna and Bessarabia, was based on conservative approaches, so the new law of Romania (1923) was based on the proprietary concept and gravitated to the Austro-Hungarian law-making practice of copyright law protection. The Czechoslovak copyright law (1926) was in effect in Transcarpathia, which, although the copyright laws of the Czech, Slovak, and Transcarpathian parts of the country were unified, was based on the Austrian copyright law of 1895. Whereas the situation in Eastern Galicia, which became part of Poland, was different. The Polish authorities followed the path of developing a qualitatively new, rather progressive law in the field of copyright law (1926). However, in all three cases, the legislator relied on international standards established in the Berne Convention for the Protection of Literary and Artistic Works of 1886.
It was found that the positive trends in copyright law regulation were the distribution of conventional principles: the dual nature of copyright, the presumption of authorship, unity, and exclusivity of copyright law, mutual legal protection of the author's rights, and the immutability of the work.
It was concluded that the legislation on copyright law in the western regions corresponded to the international protection of copyright law and a high level of legal culture. This allowed the Ukrainian community of these territories to join legal values and to form respect for the author and his intellectual work much earlier than in other Ukrainian lands.
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Kryvolapov, B. M. "Some aspects of copyright protection of an original work of art." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 47–51. http://dx.doi.org/10.24144/2788-6018.2021.03.8.
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The article deals with theoretical and practical problems of the intellectual property protection of original works of art.
The specifics of copyright of works of art in national law are explored, particularly the law of Ukraine “On copyright and related rights” of 1993 and some norms of the Civil Code of Ukraine. For the purposes of the study, such international treaties and documents as Directive 2001/84/EC of 2001 on the resale right for the benefit of the author of an original work of art, some provisions of Association Agreement between the European Union and Ukraine, norms of Berne Convention for the Protection of Literary and Artistic Works of 1886 were examined and analyzed.
It is found out that basic economic rights of norms of original works of art authors are the exclusive right to use a work, particularly its components such as reproduction of works, public demonstration and public display of works, distribution of originals of works and their specimens by the first sale and the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them. It has been determined that the exclusive right of original works of art authors to use is mostly violated in Ukraine.
The right to have access to a work of fine art is examined separately. It has been determined that the right to have access is a moral right that shouldn’t be transferred.
Particular attention is paid to the resale right of the author of an original work of art. The author identifies some contradictions about the resale rights objects between the law of Ukraine “On copyright and related rights” and of the Civil Code of Ukraine. It is claimed that Ukrainian resale right legislation needs significant changes. It is claimed that Ukrainian resale right legislation needs significant changes.
On the basis of analysis of scientific literature, legal acts, court’s decision author developed and substantiated some conclusions, which are new and have theoretical and practical significance.
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Jelisavac, Sanja. "International regulation of intellectual property rights." Medjunarodni problemi 56, no. 2-3 (2004): 279–303. http://dx.doi.org/10.2298/medjp0403279j.
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Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.
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Yanto, Oksidelfa. "KONVENSI BERN DAN PERLINDUNGAN HAK CIPTA." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 6, no. 1 (March 1, 2016): 108. http://dx.doi.org/10.32493/jdmhkdmhk.v6i1.341.
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The object of copyright protection under the Berne Convention, namely: works of literature and art that encompasses all the results of the fields of literature, science and art in any manner or form any explication. Since the entry into force of the Berne Convention that was classified as Making Law Treaty and open to all countries that are not yet members to immediately become a member by way of ratifying and handed over the instrument of ratification to the Director General of WIPO. The participation of a country as a member of the Convention Barn, give rise to liability in the participating countries to implement national perundang¬undangan in the field of copyright. Especially in terms of law enforcement for the protection of copyrighted works. This relates to the arrangement in the Berne Convention on moral rights ( "droit moral"), author's rights to mengkluim as the creator of a work and the author's right to object to any act that intends to change, reduce or add to the authenticity of the creations that can be harm the honor and reputation of the creator.Keywords: Copyright, ratification, the Berne Convention
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Panjaitan, Hulman. "UNDANG UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN PERLINDUNGAN HUKUM BAGI PENCIPTA KARYA CIPTA MUSIK DAN LAGU." to-ra 5, no. 1 (May 13, 2019): 19. http://dx.doi.org/10.33541/tora.v5i1.1193.
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Abstract
The meaning of song and music is different, but copyright literature does not seem to distinguish them. In the library of international law, the term commonly used to refer to a song or music is musical work. The Bern Convention states that one of the protected works is music compositions with or without words. There is no explicit description in the Bern Convention about what musical work really is. However, from the existing provisions it can be concluded that there are two types of music creation that are protected by copyright, namely music with words and music without words. Music with meaningful words is a song whose elements consist of melody, arrangement lyrics, and notation, while music without words is music that only consists of elements of melody, arrangement and notation.
Keywords: copyright literature; the Bern Convention; protected works.
Books on the topic "Bern copyright convention (1886)"
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Organization, World Intellectual Property, and World Intellectual Property Organization. International Bureau., eds. La Convention de Berne pour la protection des oeuvres littéraires et artistiques de 1886 à 1986. Genève: Bureau international de la propriété intellectuelle, 1986.
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Ricketson, Sam. The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986. London: Centre for Commercial Law Studies, Queen Mary College, 1987.
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Ricketson, Sam. The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986. [London]: Centre for Commercial Law Studies, Queen Mary College, 1987.
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Ricketson, Sam. The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986. London: Centre for Commercial Law Studies, Queen Mary College, 1987.
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1939-, Lloyd Humphrey, ed. The Liability of contractors. London: Centre for Commercial Law Studies, Queen Mary College, 1986.
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United States. President (1981-1989 : Reagan) and United States. Congress. Senate. Committee on Foreign Relations., eds. Berne Convention for the Protection of Literary and Artistic Works: Message from the President of the United States transmitting the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, completed at Paris on May 4, 1986, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914, and revised at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971 and amended in 1979. Washington: U.S. G.P.O., 1986.
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Solberg, Thorvald, Library of Congress Copyright Office, and International Union For The Protection Of Literary And Artistic Works. International Copyright Union: Berne Convention, 1886: Paris Convention, 1896; Berlin Convention, 1908. Report of the Delegate of the United States to ... Copyright Convention, Held at Berlin, Germany. Ulan Press, 2012.
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International Copyright Union : Berne Convention, 1886: Paris Convention, 1896; Berlin Convention, 1908. Report of the Delegate of the United States to ... Copyright Convention, Held at Berlin, Germany. Franklin Classics, 2018.
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Solberg, Thorvald, Library of Congress Copyright Office, and International Union for the Protection O. International Copyright Union : Berne Convention, 1886: Paris Convention, 1896; Berlin Convention, 1908. Report of the Delegate of the United States to ... Copyright Convention, Held at Berlin, Germany. Franklin Classics Trade Press, 2018.
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Solberg, Thorvald, Library of Congress Copyright Office, and International Union for the Protection O. International Copyright Union : Berne Convention, 1886: Paris Convention, 1896; Berlin Convention, 1908. Report of the Delegate of the United States to ... Copyright Convention, Held at Berlin, Germany. Franklin Classics, 2018.
Find full textBook chapters on the topic "Bern copyright convention (1886)"
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Ricketson, Sam, and Jane C. Ginsburg. "The Subsequent Development of the Berne Convention, 1886–1971." In International Copyright and Neighbouring Rights, 77–120. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198801986.003.0003.
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This chapter examines the changes which have been made to the Berne Convention from its inception in 1886 until the adoption of its last revised text in Paris in 1971. Article 17 of the 1886 Act provided for periodic revisions, and these (apart from the first and last) have occurred at roughly twenty-year intervals during this period: in 1896, 1908, 1928, 1948, 1967, and then, finally, 1971. There was also one minor addition made in 1914, when, at Canada’s request, the UK Government drafted a protocol permitting the government of a Berne Union country to restrict protection in the case of authors from non-Union countries which failed to protect the authors from the Union country ‘in an adequate manner’. Since 1971, developments concerning the Berne Convention have largely happened ‘off stage’, or in different arenas, such as the World Trade Organization (established in 1994). Nonetheless, in this post-1971 period, the Convention has continued to be the centrepiece of the international copyright system and, in many ways, has become even more critical than it was in the pre-1971 period.
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Ricketson, Sam, and Jane C. Ginsburg. "Origins of the Berne Convention." In International Copyright and Neighbouring Rights, 38–76. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198801986.003.0002.
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This chapter discusses the origins of the Berne Convention. Although the network of bilateral copyright arrangements in force prior to 1886 was extensive, the protection which this offered to authors in countries other than their own was far from comprehensive or systematic. Apart from the early treaties with the German and Italian states, multilateral copyright agreements in the true sense took time to emerge. Of these, the Berne Convention was to be the first, and the most important. However, the need for a more uniform and broader-based kind of international protection had been recognized some time before this by authors and artists. The chapter deals with this development, and the different stages by which this early recognition was eventually transformed into the Berne Convention.
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Lewinski, Silke von. "The berne Convention for the Protection of literary and Artistic Works (Paris act 1971)." In International Copyright Law and Policy, 99–190. Oxford University PressOxford, 2008. http://dx.doi.org/10.1093/oso/9780199207206.003.0011.
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Abstract Basic choices in the 1886 version The Berne Convention did not emerge from nowhere, but against the background of the then existing network of bilateral agreements that had proved unsatisfactory for authors’ needs, so that the next step of a multilateral agreement was needed to improve the situation. The basic aim of both the bilateral treaties and the Berne Convention was to protect foreign works in the contracting states. The bilateral treaties achieved this aim in most cases by the principle of national treatment in different variations, for example, limited in its scope to specified rights or subject to material reciprocity; only in some cases did specific rights stipulated in the bilateral treaties have to be guaranteed.
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Lewinski, Silke von. "Presentation of the Wipo." In International Copyright Law and Policy, 411–20. Oxford University PressOxford, 2008. http://dx.doi.org/10.1093/oso/9780199207206.003.0023.
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Abstract Before the WIPO was established in 1970, the Paris and Berne Unions as well as other intellectual property treaties were administered by the BIRPI (Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle). The BIRPI itself had its roots in the International Bureau of the Paris Convention for the Protection of Industrial Property adopted in 1883 and the International Bureau of the Berne Convention of 1886, which were united in 1893 into one common bureau with the same staff and director. The word ‘bureau’ was commonly used at that time as a designation for the secretariat of an international organization. Since at that time the League of Nations and the United Nations (UN) did not exist, the BIRPI was placed under the ‘high supervision’ of the government of the Swiss Confederation. The Swiss government appointed the Director and staff of the BIRPI and controlled its activities and finances, while the Member States of the Berne and Paris Unions and other related international treaties made decisions only when needed, namely at revision conferences rather than continuously within an established structure such as a governing body.
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Torremans, Paul. "11. Qualification." In Holyoak and Torremans Intellectual Property Law, 208–11. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836452.003.0011.
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This chapter discusses the qualification requirement for copyright protection in the UK. The UK copyright system is based on the principle of national treatment contained in the Berne Convention for the Protection of Literary and Artistic Works 1886, in the Universal Copyright Convention, and in the TRIPS Agreement. This requires that authors connected with another member state are to be treated in the same way as a member state’s own authors and should receive the same copyright protection. That connection with a member state might be provided in two ways: the author may have a personal relationship with the member state, or the work may be first published in that member state.
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Lewinski, Silke von. "The Wipo Copyright Treaty (Wct) and the Wipo Performances And Phonograms Treaty (WPPT) of 1996." In International Copyright Law and Policy, 497–510. Oxford University PressOxford, 2008. http://dx.doi.org/10.1093/oso/9780199207206.003.0025.
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Abstract 17.01 The Berne Convention of 1886 was revised about every twenty years up to 1971. In 1971, the unanimity required for a revision of the Convention was achieved only with major efforts, due to the North–South conflict between industrialized and developing countries which had arisen in the meantime. Thereafter, the economic importance of copyright and, consequently, conflicts of interest among Member States increased—not only between industrialized and developing, but also among industrialized countries, so that it seemed even more difficult to reach unanimity in the future. Nevertheless, copyright needed to be adapted to new technical and other developments that occurred after 1971. WIPO decided to meet this challenge by the so-called ‘guided development’ rather than by the preparation of a new revision conference. The strategy of ‘guided development’ aimed at discussing and promoting common and new standards of protection regarding new kinds of works and new forms of uses. The related work was accomplished mainly in common Committees of Experts of WIPO and UNESCO which resulted in recommendations, guiding principles, or model provisions, and were accompanied by studies mandated or carried out by WIPO and UNESCO. Although these results were not binding upon Member States, they had a considerable impact on the awareness of governments of particular problems and on the development of national copyright laws.
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"Matthew Arnold, ‘Copyright’, Fortnightly Review, 159 (March 1880), 319—34 [321—9, 332—4]." In Victorian Print Media, edited by Andrew King and John Plunkett, 110–18. Oxford University PressOxford, 1990. http://dx.doi.org/10.1093/oso/9780199270378.003.0024.
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Abstract Arnold (1822—88) is now mainly famous as a literary and social critic, but he was also concerned with the implications of the professionalization and regulation of writing (typically, Arnold retained copyright of this article, reprinting it in Irish Essays and Others (London: Smith, Elder and Co., 1882, 444—80)). His article is a useful collage of arguments and tropes derived from a variety of sources that date back to the five-year debate preceding the 1842 Copyright Act. In 1876, a Royal Commission was set up to examine British and international copyright law. The commission’s report, published two years later, attempted to clarify the law and close loopholes. International copyright was eventually ratified by the 1885 Berne Convention (to which America was not a signatory).
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Wirtén, Eva Hemmungs. "Globalization." In The Oxford History of the Book, 320–41. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192886897.003.0013.
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Abstract This chapter is focused on how we might think of the book and its attendant practices of publishing, bookselling, and reading within the broader history of globalization and digitization. One of the main lines of inquiry concerns questions of copyright and censorship, both crucial to questions of ownership and control, authorship and creativity, as well as to the ongoing question of where the boundaries of cultural works are drawn. The Berne Convention for the Protection of Literary and Artistic Works from 1886 constituted a watershed moment in the international and later global history of the book. At the close of the nineteenth century, the interconnectedness of sophisticated communication networks meant that it was essential to create an international infrastructure securing protection for these assets, assets that were prone to cross-border competition. Copyright mediates social relations, and the Berne Convention addressed several of the most important relationships that can be identified within the orbit of the book: those between authors and readers, between new technologies and the stability and instability of the work, between publishers and the market, and between the global North and the global South. Such dependencies and relationships were enabled by more efficient transportation and communication networks and set within fast-moving economic and cultural transformation. Changes included new book technologies, geopolitical alliances that sought to redress previous imbalances in global access to knowledge, and the integration of publishing into larger media conglomerates from the 1960s.
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Richmond, John W. "Law Research and Music Education." In The New Handbook Of Research On Music Teaching And Learning, 33–47. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195138849.003.0005.
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Abstract The history of music education as formal curriculum in America’s public schools is now nearly 170 years old, tracing to Lowell Mason’s efforts with the Boston public schools in the 1830s. Legislation making provision for public school music education and litigation pertaining to its provision and practice are nearly that old. Bennett Boyles identifies one of the earliest music education lawsuits (Bellmeyer v. Independent School District of Marshalltown; Boyles, 1981, p. 46) as having been decided by the Iowa Supreme Court in 1876-more than 120 years ago. Throughout music education’s public school history, the significance and power of the law-both in terms of legislation and litigation-have become increasingly important considerations as vehicles for music education policy formation. The range and scope of education issues touched by our nation’s laws are extensive, and a chronic naivete about the power of the law to shape our professional lives can only mean an increasingly perilous state of affairs at best for American music education. Any discussion of policy in music education would be incomplete without a least a modest, cursory examination of our laws and their impact on our field. Some law research topics are likely to be more familiar than others to readers of this Handbook. Copyright law, for example, is sure to be one of the most familiar, as it has received considerable attention in our journals, newsletters, and convention programs during the last four decades. Advancing technologies and the economy of the photocopy machine have had much to do with this. Frankly put, the ease teachers now have in gaining access to these copy technologies has made their use too convenient, too expedient, too tempting, and too often suspect. More recently, the emergence of the Worldwide Web has made this issue even more complex, and created a need for new and updated legal definitions of such terms as broadcasting, personal use, and fair use. As we shall see later in this chapter, this extremely important area of the law continues to evolve in dramatic and sometimes contentious ways.