Contents:

Abbreviations PART ONE: PRINCIPLES OF INTERNATIONAL COPYRIGHT 1. The Legal Traditions 1.1. The Copyright Tradition 1.2. The Traditions of Author’s Right and Neighboring Rights 1.2.1. Author’s Right 1.2.2. Neighboring Rights 2. The Norms of International Copyright 2.1. Copyright Treaties 2.1.1. Bilateral Copyright Treaties 2.1.2. Multilateral Copyright Treaties 2.1.2.1. The Berne Convention 2.1.2.2. The Universal Copyright Convention 2.1.2.3. The WIPO Copyright Treaty 2.1.3. Regional Copyright Arrangements 2.1.3.1. Inter-American Copyright Agreements 2.1.3.2. The European Union 2.2. Neighboring Rights Treaties 2.2.1. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) 2.2.1.1. History 2.2.1.2. Protection of Performers 2.2.1.3. Protection of Producers of Phonograms 2.2.1.4. Protection of Broadcasters 2.2.1.5. Conditions and Exceptions 2.2.1.6. Institutional and Structural Provisions 2.2.2. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Phonograms Convention) 2.2.3. WIPO Performances and Phonograms Treaty 2.2.4. Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Satellite Convention) 2.3. Trade Arrangements 2.3.1. North American Free Trade Agreement 2.3.1.1. Conditions of Protection 2.3.1.2. Subject Matter 2.3.1.3. Ownership and Term 2.3.1.4. Rights and Remedies 2.3.2. TRIPs Agreement 2.3.2.1. History 2.3.2.2. Conditions for Protection 2.3.2.3. Subject Matter, Ownership, and Term 2.3.2.4. Rights and Remedies 3. Territoriality, National Treatment, and Choice of Law 3.1. The Territoriality Principle 3.1.1. Territoriality in International Law 3.1.2. Territoriality in Copyright Law 3.1.2.1. Where Acts of Infringement Occur in More than One Country 3.1.2.2. Where Elements of Infringement Occur in More than One Country 3.1.2.3. Where Acts Defeating Protection Occur Outside the Protecting Country 3.2. National Treatment 3.2.1. The Trade Economics of National Treatment 3.2.2. “Works” Subject to National Treatment 3.2.2.1. Berne Convention 3.2.2.2. TRIPs Agreement 3.2.3. “Rights” Subject to National Treatment 3.2.3.1. Berne Convention 3.2.3.2. TRIPs Agreement 3.2.4. Most-Favored-Nation Requirement 3.2.4.1. “Works” Subject to Most-Favored-Nation Requirement 3.2.4.2. “Rights” Subject to Most-Favored-Nation Requirement 3.2.4.3. Exemptions from Coverage 3.3. Choice of Forum and Choice of Law 3.3.1. Choice of Forum in Copyright Cases with Foreign Elements 3.3.1.1. Subject Matter Jurisdiction 3.3.1.2. Forum Non Conveniens 3.3.1.3. Contractual Choice of Forum 3.3.2. Choice of Law in Copyright Cases with Foreign Elements 3.3.2.1. Where No Contract Prescribes Applicable Law 3.3.2.2. Law of the Contract as Applicable Law PART TWO: PROTECTION OF FOREIGN WORKS UNDER DOMESTIC LAW 4. Protectibility of Foreign Works 4.1. Protectibility of U.S. Works in Other Countries 4.1.1. Copyright 4.1.1.1. Berne Convention 4.1.1.2. Universal Copyright Convention 4.1.1.3. Other Copyright Treaties 4.1.1.4. What Treaty Governs? 4.1.2. Neighboring Rights 4.1.2.1. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) 4.1.2.2. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Phonograms Convention) 4.2. Protectibility of Foreign Works in the United States 4.2.1. Unpublished Works 4.2.2. Published Works 4.2.2.1. Nationality or Domicile 4.2.2.2. Place of Publication 4.2.2.3. Presidential Proclamation 4.2.2.4. Place of Fixation 4.2.2.5. U.N. and O.A.S. Works 4.2.2.6. Retroactive Protection for Works Lacking a Point of Attachment 4.2.3. Moral Rights and Neighboring Rights 5. Protection Under Copyright and Neighboring Rights 5.1. Subject Matter 5.1.1. Literary and Artistic Works 5.1.1.1. Protectible Subject Matter 5.1.1.2. Unprotectible Subject Matter 5.1.1.3. Formalities 5.1.1.4. Fixation 5.1.2. Performances, Phonograms (Sound Recordings), Broadcasts, and Other Productions 5.1.2.1. Performances 5.1.2.2. Phonograms 5.1.2.3. Broadcasts 5.1.2.4. Formalities 5.2. Ownership 5.2.1. Original Ownership 5.2.1.1. Individual Authorship 5.2.1.2. Collaborative (Joint) Authorship 5.2.1.3. Collective Works 5.2.1.4. Works Made for Hire 5.2.1.5. Audiovisual Works (Including Cinematographic Works) 5.2.2. Ownership by Transfer 5.2.2.1. Limitations and Construction of Transfers 5.2.2.2. Formalities and Priorities 5.2.2.3. Collecting Organizations 5.3. Term 5.3.1. Term of Protection Under Treaties and National Law 5.3.1.1. Copyright 5.3.1.2. Neighboring Rights 5.3.2. Comparison of Terms 5.3.2.1. Berne Convention 5.3.2.2. Universal Copyright Convention 5.3.2.3. E.C. Term Directive 5.3.3. Retroactivity 5.4. Rights 5.4.1. Economic Rights 5.4.1.1. Copyright 5.4.1.2. Neighboring Rights 5.4.1.3. Auxiliary Rights: Copyright Protection Systems 5.4.2. Moral Rights 5.4.2.1. Right of Paternity 5.4.2.2. Right of Integrity 5.4.2.3. Right of Divulgation 5.4.2.4. Right of Withdrawal 5.4.2.5. Limitation and Waiver of Moral Rights 5.5. Exemptions, Statutory Licenses, and Other Limitations on Exclusive Rights 5.5.1. Reproduction and Adaptation Rights 5.5.1.1. Private Uses 5.5.1.2. Public Uses 5.5.1.3. Incidental Uses 5.5.1.4. Exhaustion (First Sale) 5.5.1.5. Other Exemptions 5.5.1.6. Statutory Licenses (Equitable Remuneration) 5.5.2. Performance, Broadcast, and Communication Rights 5.5.2.1. Instructional and Other Nonprofit Uses 5.5.2.2. Incidental Uses 5.5.2.3. Cable Retransmission 5.5.3. Misuse and Abuse of Copyright 5.6. Remedies 5.6.1. Coercive Remedies 5.6.1.1. Temporary Remedies 5.6.1.2. Permanent Remedies 5.6.2. Monetary Remedies 5.6.3. Criminal Sanctions Appendix

Reviews

"Paul Goldstein's book is an amazingly complete analysis of copyright worldwide. It covers exhaustively not only national laws but also international treaties and their application in practice. This impressive volume reflects the vast erudition of its author and will be of precious use not only to practitioners but also to researchers and students." -Arpad Bogsch, Former Director General of the World Intellectual Property Organization "This brave book will take a frontline position in the cohort of works dealing with international copyright because it is well-structured, knowledgeable, and above all readable. Since the U. S. joined the Berne Union in 1989, an account of the subject by a leading American scholar has been badly needed. Professor's Goldstein's work fills the gap splendidly." -Professor W. R. Cornish, University of Cambridge "Professor Paul Goldstein has long been recognized as the leading contemporary American authority on copyright. With his new one-volume treatise, Goldstein extends his mastery to another watershed field. His exceptionally well written treatment covers key principles of both international copyright law and comparative copyright law." -Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law; Director of the Kernochan Center for Law, Media and the Arts, Columbia University "Professor Paul Goldstein's presentation and subtle analysis of all international conventions in the field of copyright and neighboring rights, including TRIPs and European directives, is a pioneering masterpiece. It is brilliantly written and thoroughly structured, and will soon become an indispensable research tool for the entire international copyright community." -Gerhard Schricker, Professor of Law, University of Munich; Managing Director of the Max-Planck-Institute for Foreign and International Patent, Copyright and Competition Law, Munich "Paul Goldstein has written a book which is not merely interesting but is likely to be a really useful tool. Previous books about international copyright have largely been recitations of the laws of different countries. Here, Paul Goldstein goes a lot further. He actually compares different laws and considers both the similarities and the differences in a constructive manner. His book will help copyright lawyers to understand better the fast changing world of copyright. I commend it." -The Honorable Sir Robin Jacob, Judge of the Chancery Division of the High Court of Justice of England and Wales