EU Copyright, Moral Rights, and New Copyright Treaty

Snippets from the second 2012 issue of The Copyright & New Media Law Newsletter:

“To amend or to overhaul – that is the question when it comes to copyright law reform. Whether an international instrument such as a treaty, or a domestic copyright statute, copyright laws are continuously being amended to deal with new technology, new rights and ways we use content protected by copyright laws.”

-Editorial by Lesley Ellen Harris

“One of the primary purposes of the EU was to create a free market for the movement of goods and services between Member States. EU legislation accounts for this and sets out how to accomplish the objectives identified by the treaties through both a series of Directives and a series of Regulations. This is how IP legislation is introduced, and it is important to consider both types as they each have an influence on copyright law in Europe.”

-Copyright and the European Union: How it Works by Emily Goodhand

“In my opinion, there really is not a “signature” case in the United States that illustrates the essence of moral rights. I suspect this is due to the fact that the Visual Artists Rights Act (VARA), the only protection the U.S. has for moral rights, is a very narrowly crafted statute that is—seemingly—very cut and dried in many instances.”

-A Perspective on Moral Rights in the U.S., an interview with Roberta Rosenthal Kwall, author of The Soul of Creativity

“A new copyright (or copyright-related) treaty is a big deal. The Berne Convention came into force in 1886 and is still in effect. With its revisions, Berne remains the leading copyright treaty setting minimum international norms in copyright countries in the 146 member states adhering to it. Performers in audiovisual works now have a treaty of their own. On 26 June 2012, a Diplomatic Conference under the auspices of the World Intellectual Property Organization (WIPO) finalized a new treaty and negotiators from WIPO member states signed the Beijing Treaty on Audiovisual Performances (Beijing Treaty.) The treaty, adopted by the Diplomatic Conference on 24 June 2012, was named in recognition of the city, Beijing, that hosted the final round of negotiations from 20 – 26 June 2012. The treaty concluded over twelve years of negotiations under WIPO.”

-New WIPO Treaty by Lesley Ellen Harris

Volume 2012, Issue 2, Table of Contents, The Copyright & New Media Law Newsletter.


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