Librería Portfolio

Critical commentary and analysis of the provisions of the Berne Convention and its related treaties
Important historical background and use of preparatory materials as part of this analysis
Positioning of these treaty obligations in relation to other important international instruments in this area, notably those concerning trade-related IPRs
Treatment of private international law aspects of protection of copyright and related rights across borders

New to this Edition:

The adoption of two new international treaties: the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled 2013, in relation to exceptions and limitations; and the Beijing Treaty on Audiovisual Performances 2012
Continuing work within the WIPO Standing Committee on Copyright and Related Rights on the matter of exceptions and limitations and the development of a new treaty on broadcasters
Corresponding discussions at both national and regional levels about the scope of exceptions and limitations generally, in particular the application of the "three step testö and quotation exceptions
Analysis of the beginnings of a movement in favour of broader protection of resale royalty rights



This comprehensive volume examines the international framework concerned with the protection of copyright and neighbouring rights. The focal point of this commentary is the Berne Convention for the Protection of Literary and Artistic Works 1886, which was last revised in 1971, but the treatment extends beyond to the related conventions that have grown out of, or are based on, Berne. These include; the WIPO Copyright Treaty 1996, the Rome Convention for the Protection of Phonogram Producers, Performers and Broadcasting Organizations 1961, the WIPO Performances and Phonograms Treaty 1996, and the 1994 Trade-Related Intellectual Property Rights Agreement (TRIPS Agreement) (an annexed agreement to the World Trade Organization). This edition also extends to conventions introduced since the publication of the previous edition, such as the Beijing Treaty on the Protection of Audiovisual Performances 2012, and the Marrakesh Treaty to Facilitate Access for Blind and Visually Impaired Readers 2013.

The analysis in the commentary is thematic and grounded in the history and development of each of the treaties considered. While its primary focus is upon the way in which the obligations contained in these public law instruments are to be interpretated and applied in domestic law, it also addresses in some detail the private international law aspects of the protection of works and neighbouring rights.

This new edition considers a number of developing areas, such as continuing work within the WIPO Standing Committee on Copyright and Related Rights on the matter of exceptions, limitations and the development of a new treaty on broadcasters, emerging discussions at both national and international levels about the matter of formalities, the beginnings of a movement in favour of broader protection of resale royalty rights, and more.



Table of Contents

I: History and Development of International Copyright and Neighbouring Rights Conventions
1:The Development of International Copyright Relations
2:Origins of the Berne Convention
3:The Subsequent Development of the Berne Convention, 1886-1971
4:Copyright and Neighbouring Rights Come of Age: Digitization and International Trade
II: Preliminary Matters: Berne and Related Agreements in the Framework of Public International Law
5:Treaty Interpretation and the Concept of Union
III: The Berne Convention and Beyond
6:Fundamentals of Protection
7:Authorship and Ownership
8:Works Protected by the Convention
9:Duration of Protection
10:The Rights Protected by the Convention
11:The Rights of Reproduction, Adaptation, and Distribution
12:Rights of Communication to the Public
13:Restrictions on the Exercise of Rights: Limitations and Exceptions
14:Developing Countries
15:New International Obligations
16:Administrative and Financial Provisions
17:Membership, Territory, and Application of the Berne Convention and Later Agreements
IV: Other Conventions on Copyright and Neighbouring Rights
18:The Berne Convention and other Related International Conventions on Copyright
19:The Berne Convention and Neighbouring Rights
V: Private International Law Aspects of International Copyright and Neighbouring Rights Protection
20:Private International Law Matters: Jurisdiction and Applicable Law