Week 2 Flashcards
International sources and principles in copyright law. Copyright EU law and CJEU’s jurisprudence. Europeanization of copyright law.
Case: Phil Collins v
Facts:
- Phil Collins is singer and composed of British nationality.
- Imtrat Handelsgesellschaft is a phonogram distributer., relating to the marketing, in Germany, of a compact disk containing the recording, made without the singer’s consent, of a concert given in the United States.
- Phil Collins applied to the Landgericht Munchen I for an interim injunction prohibiting the marketing of the compact disk.
- The national court considered that the provision of p123 of the UrhG (The German Copyright Act) were applicable to the proceedings, to the exclusion.
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Is there actually an International Copyright Law?
No.
What happened in the late 19th century?
The international piracy of books became a pressing problem.
What is the Vienna Convention on the Law of the Treaties?
An agreement concluded in 1969, which came into force in 1980. Today it counts 111 members along with all the European member states.
What stipulates article 31. of the Vienna Convention?
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.
Where does the Vienna Convention play a crucial role?
In the area of IPR in particularly regards to WTO panels and TRIPS agreement.
What is the territoriality principle?
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.
Where can the probables roots of the territoriality principle be found?
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.
What is the Act of state doctrine?
A nation is sovereign in the sense that this state is alone competent to regulate within its own border.
What was the aim of the Berne Convention from 1886?
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.
What three basic principles derive from the Berne Convention?
- The principle of National Treatment
- The principle of automatic protection
- The principle of independence of protection
What does The principle of national treatment mean?
The principle of national treatment means that the foreign authors, authors of other Berne Convention countries, have to receive the same protection as nationals.
What is article 5. of the Berne Convention?
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.
What are the two types of qualifications according to article 3. of the Berne Convention?
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.
What is the third consequence of the national treatment principle?
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.
What is The principle of automatic protection?
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.
Does automatic protection stay in the way of the voluntary registration system?
No.
What is The principle of independence protection?
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.
What are the advantages of the principles of automatic protection and independence of protection?
- 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.
Who benefits from the Berne Convention?
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.
