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Copyright > Module 2 > Flashcards

Module 2 Flashcards

International Sources and Principles in Copyright

1
Q

Is there actually an International Copyright Law?

A

No.

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2
Q

What happened in the late 19th century?

A

The international piracy of books became a pressing problem.

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3
Q

What is the Vienna Convention on the Law of the Treaties?

A

An agreement concluded in 1969, which came into force in 1980. Today it counts 111 members along with all the European member states.

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4
Q

What stipulates article 31. of the Vienna Convention?

A

It stipulates that a treaty shall be interpreted in good faith in accordance with ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose.

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5
Q

Explain the context in the meaning of article 31. of the Vienna Convention.

A

…

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6
Q

Where does the Vienna Convention play a crucial role?

A

In the area of IPR in particularly regards to WTO panels and TRIPS agreement.

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7
Q

What is the territoriality principle?

A

The IPR are not universal but are limited in the effects to the territory of the state under the laws of which they have been granted.

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8
Q

Where can the probables roots of the territoriality principle be found?

A

They could be found in the privileges that were granted on the individual basis by the governing authority that is the Duke royal or the order state authority entitling an individual person to perform certain act within particular territory.

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9
Q

What is the Act of state doctrine?

A

A nation is sovereign in the sense that this state is alone competent to regulate within its own border.

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10
Q

Explain the decision in the Phil Collins Case?

A

…

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11
Q

What was the aim of the Berne Convention from 1886?

A

The aim was to harmonize to the certain extent the copyright laws of contracting parties in order to that it introduced the minimum standard of protection for authors.

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12
Q

What three basic principles derive from the Berne Convention?

A
  1. The principle of National Treatment
  2. The principle of automatic protection
  3. The principle of independence of protection
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13
Q

What does The principle of national treatment mean?

A

The principle of national treatment means that the foreign authors, authors of other Berne Convention countries, have to receive the same protection as nationals.

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14
Q

What is article 5. of the Berne Convention?

A

Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.

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15
Q

What are the two types of qualifications according to article 3. of the Berne Convention?

A

The first one, authors who are not nationals of one of the countries of the Union but who have their habitual residence in the union country. The second one, authors who are not nationals of one of the countries of the Union, for their works first published in one of those countries.

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16
Q

What is the third consequence of the national treatment principle?

A

The third consequence of the national treatment principle is that all authors qualifying for national treatment are entitled for the full set of national rights, as granted to national authors.

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17
Q

What is article 7 sentence 8 of the Berne Convention?

A

…

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18
Q

What is The principle of automatic protection?

A

It means that the enjoyment and exercise of copyright must not be made dependent or conditional to any formality according to Article 5 of the Berne Convention. That means that the author can claim protection in any union country other than the country of the origin of the work without having to comply of any formality provided by the country.

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19
Q

Does automatic protection stay in the way of the voluntary registration system?

A

No.

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20
Q

What is The principle of independence protection?

A

The enjoyment and exercise of copyright of a work in an Union country is independent of the existence of copyright protection in the country of origin of work.

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21
Q

What are the advantages of the principles of automatic protection and independence of protection?

A
  • They do not oblige authors to refer to the national law of the contracting party in which he or she originally claims protection.
  • In any given Union country all works enjoy in principle the same protection.
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22
Q

Who benefits from the Berne Convention?

A

Only works of a Berne convention members state as a country of origin are entitled to the benefit of the convention and therefore the national treatment.

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23
Q

Is the offered protection independent in each member state?

A

Yes.

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24
Q

Does the Berne Convention offer protection in its own rights?

A

No.

25
Q

What are the minimum standards of the Berne Convention?

A
  • Right to reproduce the work
  • To perform the work publicly
  • To translate the work
  • To adapt the work
  • To broadcast the work
  • Moral Rights System
26
Q

What kind of test must exceptions satisfy according to the Berne Convention?

A

The so called three step test.

27
Q

What is required by the three step test?

A

It requires that all exception must be limited to certain special cases, must not conflict with the normal exploitation of work and must not unreasonably prejudice the legitimate interest of author.

28
Q

What is the Rome Convention from 1961?

A

An international agreement on the neighbouring rights.

29
Q

What is the central principle of the Rome Convention?

A

National treatment.

30
Q

What is the TRIPS agreement from 1994?

A

Agreement on trade related aspects of IPR.

31
Q

What was the reason for signing another international agreement?

A

Piracy and the previous arrangement did not offer efficient means.

32
Q

TRIPS agreement is annex to which agreement?

A

To agreement establishing WTO.

33
Q

What did the TRIPS agreement provide?

A

It provided higher level in regard to minimum standards. It introduced a copyright protection of computer programs. It established some kind of protection of rental rights, the future right of communication to public.

34
Q

What can you also find in TRIPS agreement?

A

Provisions concerning other IP rights as trade secrets, geographical indications.

35
Q

What is the most important part of the TRIPS agreement?

A

The establishment of enforcement measures; the part 3 of the TRIPS agreement, WTO dispute settlement mechanism.

36
Q

What is WIPO Copyright Treaty from 1996?

A

An independent source of law; an update to the Berne Convention.

37
Q

What is article 1 of WCT?

A

…

38
Q

By whom is governed WCT?

A

By the world IP Organization.

39
Q

What does the WCT provide?

A

It provides a much greater scope in regards to exclusive rights system. It regulates the duration of copyright and it introduced also protection against conventional technological measures.

40
Q

When was signed the Marrakesh Treaty for Visually impaired?

A

In 2013.

41
Q

What did WIPO nurture in 2006 UN Convention?

A

The development of the treaty specifically targeted at the protection of blind, visually impaired and print disabled.

42
Q

What obligation does the Marrakesh Treaty provide?

A

An obligation on contracting parties to provide in the national copyright law the limitation and exception to copyright to facilitate the availability of work in accessible format copies the blind and print disabled.

43
Q

How can the obligation from Marrakesh Treaty be achieved?

A

By permitting authorized entities which essentially are government recognized not for profit operators such as Royal Institute for Blind People in UK to make, acquire, supply such accessible format copies. Also, parties must take appropriate measures to ensure that the legal protection of technological measures does not prevent beneficiary persons from enjoying the limitation and exception required by the treaty.

44
Q

What is article 4 of the Treaty of function of European Union (TfEU)?

A

…

45
Q

What is article 26 of the Treaty of function of European Union (TfEU)?

A

…

46
Q

What clause contains article 26 of the Treaty of function of European Union (TfEU)?

A

Internal market clause.

47
Q

What are the sources of EU competences?

A
  • People
  • Goods
  • Capital
  • Services
48
Q

What is the subsidiary principle of EU legislation?

A

EU should have a legal grant for acting in particular field.

49
Q

What is article 118 of the Treaty of function of European Union (TfEU)?

A

…

50
Q

For what is article 118 of the Treaty of function of European Union (TfEU) basis?

A

For so called ‘‘Pan-European’’ act in the IP field.

51
Q

What is the aim of the EU legislator?

A

The aim is to provide some unitary institution, normative institution that would set out the minimum standard for copyright protection within its internal market framework.

52
Q

What is article 114 of the Treaty of function of European Union (TfEU)?

A

…

53
Q

What did the Court of Justice held in C-78/70 Deutsche Grammophon Gesellschaft mbH v Metro SB Grossmarkte GmbH?

A

It held that without harmonization of IP rights no establishment or functioning Internal market will be somehow achieved.

54
Q

What was the Phil Collins case about?

A

In one country there was a release of CD and in other country there was an infringement of the CD.

55
Q

What did the Court of Justice held in Phil Collins case?

A

It held that copyright and related right system falls within the scope of obligation of the treaty.

56
Q

In what case was the principle of territoriality upheld by the Court of Justice?

A

In Legarde Case C-192/4.

57
Q

With what principle is the principle of territoriality sometimes confused?

A

With the rule of conflict of law.

58
Q

What was the advocate general’s view in the case Premier League?

A

The use of the right of communication to the public to bind the sale of a receiving device to other member states violates the fundamental principle of freedom to provide services in the EU.

59
Q

What did the Court of Justice held in the Premier League Case?

A

A system of licences for retransmission of football matches, which grants broadcasters territoriality exclusivity per Member State and which prohibits television viewers from watching these broadcasts with a decoder card in other member state, is contrary to Union law.

Copyright (11 decks)

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