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The Berne Convention

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks

Published: 1988

Total Pages: 936


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This book seeks to answer one central question: do the U.S. cable and satellite retransmission statutory licenses comply with the TRIPs minimum standard? As with all legal problems, the resolution of ambiguity provides the challenge and the interest. In this regard, by far the greatest ambiguity is created by the use of the term 'equitable renumeration' in the TRIPs retransmission norm. Resort will be had to not only the drafting history of the TRIPs incorporated Berne Convention article, but also to the discipline of economics and to the field of restitutionary monetary awards in common law countries, to seek to provide a meaning for that term. This book is unique in so far as it purports to undertake to provide an analysis whereby a TRIPs compliance issue is considered fully at a theoretical level in an attempt to provide an answer. In so doing, it is hoped that the analysis will provide a methodology for the consideration of the compliance of national laws with intellectual property treaty obligations, which is of use to anyone who may wish to consider such compliance issues in the future.
'This is an exceptional collection of scholarly contemporary thoughts on the future directions of copyright law. . . The contributors to this volume come from many jurisdictions and bring with them their respective rich backgrounds and experiences in copyright law. The result is an enlightening collection of papers.' - Yee Fen Lim, Journal of Intellectual Property Law and Practice
Featured here are the following prizewinning essays in the 1990 and 1991 ASCAP Nathan Burkan Memorial Competition in copyright law: 19901st Prize: Lee D. Neumann, Columbia University School of Law, The Berne Convention and Droit de Suite Legislation in the United States.2nd Prize: Michael K. Davis-Hall, Harvard Law School, Copyright and the Design of Useful Articles: A Functional Analysis of 'Separability.'3rd Prize: Cynthia D. Mann, Harvard Law School, The Aesthetic Side of Life: The Applied Art/Industrial Design Dichotomy.4th Prize (tie): Jon Clark, University of Maine School of Law, Copyright Law and Work for Hire: A Critical History.4th Prize (tie): Ted K. Ringsred, William Mitchell College of Law, Is Anticompetitive Misuse a Defense to Copyright Infringement?Honorable Mention: Benjamin R. Seecof, University of California -- Hastings College of the Law, Scanning Into the Future of Copyrightable Images: Computer-Based Image Processing Poses a Present Threat.19911st Prize: Christine L. Chinni, Western New England College School of Law, Droit D'Auteur Versus the Economics of Copyright: Implications for American Law of Accession to the Berne Convention.2nd Prize: Jonathan Z. King, Harvard Law School, The Anatomy of a Jazz Recording: Copyrighting America's Classical Music.3rd Prize: Leslie J. Hagin, University of Texas at Austin School of Law, A Comparative Analysis of Laws Applied to Fashion Works: Renewing the Proposal for Folding Fashion Works Into the United States Copyright Statute.4th Prize: John Gastineau, Indiana University School of Law, Bent Fish: Issues of Ownership and Infringement in Digitally Processed Images.5thPrize: Montgomery Frankel, University of San Francisco School of Law, From Kroft to Shaw, and Beyond: The Shifting Test for Copyright Infringement in the Ninth Circuit.
Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system, Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists and the radical political economists points of view, and methods of resisting existing laws. }Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system, Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists and the radical political economists points of view, and methods of resisting existing laws.Beautifully written and well argued, this book provides a long, clear look at how capitalism and capitalists seize and control culture through the ownership of copyrights, thus perpetuating their own ideologies and economic superiority. }