Book Review: Sterling on World Copyright Law

This Kat was delighted to review the 5th Edition of Professor Adrian Sterling's World Copyright Law, edited by Trevor Cook, with contributions from internationally recognised practitioners and academics. [Patricia Akester, Johanna Gibson, Michael Hart, Sabine Jacques, Phillip Johnson, Stavoula Karapapa, Florian Koempel, Deming Liu, Dinusha Mendis and Jason Raeburn.]

This book considers, in thorough and exhaustive detail, copyright from a global perspective; arguing profoundly that the legal science of copyright, related rights and sui generis rights are moving away from divisive national concepts towards one of overall international regulation in the global communication era.

The aim of this book is to provide the reader with an overview of the present state of copyright and related rights law at the national, international and regional levels, supported by reference materials which are general in content and should lead to an appreciation of the global issues arising from recent developments in technology. It is organised into five sections:

1. Background and basic principles
2. Nationals, international and regional protection 
3. International and regional standards of protection: comparative summaries
4. Glossary
5. Reference materials 

Part 1: Background and Basic Principles

This section summarises the basic principles of national laws and international and regional instruments concerning copyright and related rights in 15 chapters.

The section begins by covering the historical background of copyright from the anceint world and middle ages through to the development of the global information era, concluding that:

Copyright law is at the most challenging and interesting stage of its history: the solutions eventually adopted internationally will undoubtedly reflect the influence of the legal, economic and political considerations that are to shape society in the twenty-first century

It then covers in depth the basis for copyright protection, describing the various theories and justifications for the granting of copyright and related rights. The structure of protection under national law, international instruments and regional instruments is presented, considering issues such as the scope of application, effect of the TRIPS agreement and protection based on discrimination, before moving to consider terminology and interpretation in the application of such instruments. Thereafter, the section details the beneficiaries of protection, subject matter, protection criteria, moral rights, economic rights, limitations and exceptions, term of protection, exercise of rights, infringement and remedies.

Part 2: National, International and Regional Protection 

Chapter 16 surveys the national systems and summarises the perceived differences civil law and common law systems. It notes that whilst the theoretical debates about the advantages and disadvantages of each system may continue, the reality is that in the global communication era there is an obligation for a combinative application of the two systems so that a single parameter of legal principles will apply to the exploitation of protection material throughout the world.

Chapter 17 gives an overview of the relevant international instruments which are discussed in more detail from chapter 18 through to 26 including the Berne Convention, Universal Copyright Convention, Rome Convention, Phonograms Convention, TRIPS Agreement, WIPO Copyright Treaty, WIPO Performance and Phonograms Treaty, Beijing Treaty on Audiovisual Performances, and the Marrakesh Treaty. Chapter 27 turns to the regional instruments, referring particularly to Europe and North, Central and South America, such as EU Directives, NAFTA and Cartagena Decision 351. Chapter 28, titled European Union, is a substantial consideration of harmonisation under TFEU and EU Directives, including a summary chart of EU copyright and related rights.

Part 3: International and Regional Standards of Protection: Comparative Summaries

Part three, chapter 29 titled international and regional standards of protection: comparative summaries, provides a comparative analysis of the international and regional instruments in relation to beneficiaries, subject matter, rights, term of protection, and national treatment. This chapter also includes helpful summary tables of protection under international and regional instruments.

Global copyright Kat
Image: Isabelle Blanchemain

Part 4: Glossary of Legal Technical Terms

The glossary provides a list of relevant terms.

Part 5: Reference Materials

Includes list of membership of the various Conventions, the texts of the major international and regional instruments - Berne Convention, TRIPS Agreement, WIPO Treatries, EU Directives, a reference list of the basic copyright and related rights laws of sovereign states, historical documents - from the Venetian privilege of 1469 to the original version of the Berne Convention.

This book will be of importance to everyone interested in international copyright regulation, which, as mentioned, includes those who might consider themselves interested in national or regional copyright and related rights. The extensive coverage will serve both practitioners and researchers.

Details:
Extent: 1573 pages, 5th Edition, 2018
ISBN:  9780414066229
Published by:  Sweet & Maxwell
Hardback £375.00 from Sweet & Maxwell here

This title is also available online through Westlaw UK