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 book analyzes regulatory models established in the field of online music distribution, and examines their consistency with the overarching objectives of copyright law. In order to do so, the book takes a deep dive into the provisions of international treaties, EU Directives as well as the German and US copyright systems and case law. It subsequently scrutinizes the identified regulatory models from the standpoint of the copyright’s objectives with regard to incentives, rewards, a level playing field, and dissemination. Lastly, it endorses the improved market-based statutory license as a preferable instrument in the online music field. The book is intended for all readers with an interest in music copyright law. Part I will especially benefit copyright scholars and practitioners seeking in-depth insights into the current legal situation regarding streaming and downloading. In turn, Part II will above all appeal to scholars interested in “law and economics” and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.

TV Futures: Digital Television Policy in Australia brings together leading writers from both law and media studies to examine the implications of the shift to digital television for the platforms and audiences, copyright law and media regulation. The book combines writers with expertise in media law and copyright law with those skilled in media policy and social and cultural research. Through its scope and topicality, the book substantially develops the literature on digital television to serve readers from across the fields of law, the humanities and social sciences.

This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.

Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.

This book, the third in the series, follows the themes considered in the first two volumes and brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. It comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars.

This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.