International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

§ 2
THE NORMS OF INTERNATIONAL
COPYRIGHT

The evolution of substantive international copyright norms has generally been in the direction of increased minimum standards, both for protected subject matter and for exclusive rights. The patterns of protection have also become more complex. The norms of copyright and neighboring rights today are embodied in an interlocking network formed by the Berne1 and Universal Copyright Conventions2 and the WIPO Copyright Treaty,3 as well as by the neighboring rights treaties—the Rome,4 Geneva,5 and Brussels Conventions6 and the WIPO Performances and Phonograms Treaty.7 The substantive and procedural norms of the TRIPs Agreement affect both copyright and neighboring rights.8

The fact that international copyright norms have evolved over time may seriously complicate the determination of rights in any case. One reason is that contemporary copyright and neighboring rights norms are not universal. Some countries abide by all the latest treaty standards, while others adhere only to the lower standards of previous treaty texts. Also, since the copyright in issue may have been secured at an earlier stage of a country's history

____________________
1
Berne Convention for the Protection of Literary and Artistic Works, 1971 Paris Text.
2
Universal Copyright Convention, 1971 Paris Text.
3
WIPO Copyright Treaty, Geneva, 1996.
4
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Rome, 1961.
5
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, Geneva, 1971.
6
Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, Brussels, 1974.
7
WIPO Performances and Phonograms Treaty, Geneva, 1996.
8
Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994.

-13-

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