International Copyright: Principles, Law, and Practice

448 Pages·2019·43.16 MB·english

by  Paul Goldstein

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International Copyright
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“In part because of increased international harmonization, national copyright laws share
similar general structures, but differ frequently in matters of detail. In a work of remark-
able authority, conciseness and clarity, two of the world’s most prominent copyright
experts—Goldstein from the United States, Hugenholtz from Europe—explain not only
the public and private international law of copyright and neighbouring rights, but digest
and lay bare the remaining divergences in substantive copyright rules. While the unique
synthesis of international and comparative legal scholarship makes this book an essential
reference work for any serious international copyright litigator, the irrepressible learning
and subtle analysis makes it a vital starting point for all copyright scholars.”
— Lionel Bently,
Herchel Smith Professor of Intellectual Property, University of Cambridge;
General Editor, International Copyright Law and Practice
“Paul Goldstein and Bernt Hugenholtz, two eminent specialists in copyright law, have
succeeded in a masterly manner to write this book which combines a concise over-
view with a subtle analysis of the international conventions in the area of copyright and
related rights. Because it combines both the US and the European perspectives, the book
will be a useful and reliable tool for academics, lawyers, policy and law-m akers alike.”
—Th omas Dreier,
Professor of Law, Institute for Information and Economic Law at the Karlsruhe
Institute for Technology (KIT); Co-A uthor of Concise European Copyright Law
“Outstanding exponents of copyright law in the US and EU, respectively, Professors
Paul Goldstein and Bernt Hugenholtz have collaborated on a new edition of their magis-
terial one- volume treatise on international copyright law. Comprehensive yet, at under
500 pages, compact, it compares common law and civil law traditions of copyright law
and covers the principal multilateral copyright and neighboring rights treaties. The trea-
tise includes an important chapter on private international law aspects of international
copyright, particularly jurisdiction and choice of law, before systematically addressing
the points of attachment for international protection and substantive treaty minima.
The authors also grapple with the conventions’ lacunae, most significantly, authorship
and ownership of creative works. The book offers a masterful synthesis of big principles
and specific details; scholars and public and private sector practitioners alike should
find it a most helpful resource.”
—J ane Ginsburg,
Morton L. Janklow Professor of Literary and Artistic Property Law,
Columbia University School of Law; Co-A uthor of International Copyright
and Neighboring Rights: The Berne Convention and Beyond
“Copyright laws around the world lucidly exposited in one volume that is up-t o- date as
of 2019— a magnificent achievement.”
—D avid Nimmer,
UCLA School of Law and Irell & Manella LLP; author of Nimmer on Copyright
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International Copyright
Principles, Law, and Practice
Fourth Edition
PAUL GOLDSTEIN
P. BERNT HUGENHOLTZ
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International Copyright. Fourth Edition. Paul Goldstein and P. Bernt Hugenholtz.
© Oxford University Press 2019. Published 2019 by Oxford University Press.
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Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America.
© Oxford University Press 2019
First Edition published in 2000 by Oxford University Press
Second Edition published in 2010 by Oxford University Press
Third Edition published in 2012 by Oxford University Press
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You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
Library of Congress Cataloging-i n- Publication Data
Names: Goldstein, Paul, 1943– author. | Hugenholtz, P. B., author.
Title: International copyright : principles, law, and practice / Paul Goldstein, P. Bernt Hugenholtz.
Description: Fourth edition. | New York, NY : Oxford University Press, [2019] | Includes
bibliographical references and index.
Identifiers: LCCN 2019019776 | ISBN 9780190060619 (hardback) | ISBN 9780190060633 (updf) |
ISBN 9780190060640 (epub) | ISBN 9780190062729 (online)
Subjects: LCSH: Copyright. | Copyright, International.
Classification: LCC K1420.5 .G65 2019 | DDC 346.04/82—dc23
LC record available at https://lccn.loc.gov/2019019776
1 3 5 7 9 8 6 4 2
Printed by Integrated Books International, United States of America
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Contents
Preface to the First Edition vii
Preface to the Second Edition ix
Preface to the Fourth Edition xi
Table of Abbreviations xiii
Journals xvii
I. PRINCIPLES OF INTERNATIONAL COPYRIGHT
1. Introduction 3
2. The Legal Traditions 13
3. The Norms of International Copyright 25
4. Territoriality, National Treatment, Jurisdiction, and Conflict of Laws 85
5. Scope and Points of Attachment of International Protection 143
II. SUBSTANTIVE COPYRIGHT LAW
6. Subject Matter of Copyright and Neighboring Rights 173
7. Authorship and Ownership 227
8. Term of Protection 265
9. Economic Rights 283
10. Moral Rights 337
11. Exceptions, Exemptions, Statutory Licenses, and Other Limitations
on Exclusive Rights 349
12. Enforcement 387
Bibliography 399
Index 411
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Preface to the First Edition
The idea for this book originated in a conversation with Lewis Flacks over a dozen
years ago. Although death has sadly stilled Lew’s voice, his wisdom on matters of in-
ternational copyright endures and, I hope, is reflected, however faintly, in the pages
that follow.
I am also indebted to Professor W.  R. Cornish of Cambridge University
and Professor Jane C. Ginsburg of Columbia Law School for reviewing and
commenting on the manuscript. Collaboration and conversations with colleagues
in the Intellectual Property Group at Morrison & Foerster have enriched my under-
standing of international copyright law and practice. In particular, the discussion
of licensing and contract choice of law has benefited from my work with William
Schwartz and other lawyers in the Group’s licensing practice, and the discussion of
E.C. directives has benefited from my work with Thomas Vinje in the firm’s Brussels
office.
At Stanford, several research assistants devoted long hours to compiling
bibliographies, tracking down sources and checking references for accuracy: Rey
Barcelò, Christine Lyon, Julia Martin, Phil Poirier, Michael Robinson, and Barbara
Tevarotto have my deepest gratitude. A bequest from the Claire and Michael Brown
Estate supported their work. As so often in the past, I also depended heavily on
the services of the superb Stanford Law Library staff, especially David Bridgman,
Arline (Andy) Eisenberg, Andrew Gurthet, Paul Lomio, and Erika Wayne.
Finally, and as ever, I am indebted to Lynne Anderson for coordinating and
typing the manuscript through its several drafts and for keeping the project on track
with her incomparable energy, wit, and good humor.
Paul Goldstein
Portola Valley, California
1 August 2000
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Preface to the Second Edition
Almost a decade has passed since this book’s first edition in 2001, a decade that has
brought enormous change to the law of copyright. The internet, just years ago considered
a new technology, has more recently become a mainstream medium for disseminating
a wide variety of copyrighted works—w hether authorized by right holders or not.
Borderless by its very nature, the internet has enlarged the importance of international
copyright law both at the national level, where courts now routinely confront cases of
cross-n ational copyright infringement, and at the international level, where substan-
tive copyright norms and copyright enforcement standards are proliferating in an ever-
widening array of international instruments—f rom bilateral trade arrangements to the
forthcoming Anti-C ounterfeiting Trade Agreement.
The changes wrought by the past decade have required a thorough updating and
partial revision of this book. This edition contains updates of case law and legislation
in the countries that are principally covered by the treatise: France, Germany, the
United Kingdom, and the United States, and occasionally from other jurisdictions.
Recent developments have occasioned other changes as well. Readers familiar
with the first edition will immediately notice its new format, which—t he authors
hope— will make this book more accessible to advanced students as well as to pro-
fessional readers. Further, while leaving the substance of the first edition largely in-
tact, the book has undergone considerable structural change, and now divides into
twelve rather than five chapters, and includes an extensive bibliography. The second
edition has also brought in a second author: Professor P. Bernt Hugenholtz of the
University of Amsterdam, which has enabled a more expansive treatment of the law
of copyright in the European Union and its member states.
The authors are very grateful to Sabina Gorini for immaculate copyediting and
research assistance, and to Lynne Anderson for her fine work with the manuscript.
Once again, the reference staff of the Stanford Law Library came through with
colors flying: Paul Lomio, Sonia Moss, Sergio Stone, Kate Wilko, George Wilson,
and Sarah Wilson have our deep gratitude.
Special thanks are also due to Stef van Gompel and Ana Ramalho of the
Institute for Information Law at the University of Amsterdam, for reviewing and
commenting upon parts of the manuscript, and to the excellent staff of the Institute’s
Documentation Centre— Rosanne van der Waal, Fabienne Dohmen, and Kim de
Beer— for procuring sources.
Paul Goldstein/ Bernt Hugenholtz
Stanford/ Amsterdam
1 June 2010