Book review: International Copyright and Neighbouring Rights

This is a review of the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond, by Sam Ricketson (Emeritus Professor, Melbourne Law School, University of Melbourne) and Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia Law School).

 

With sixteen years having passed since the second edition of this book, there is plenty new to this third edition. As the preface states “while the Berne convention itself has remained unrevised (apart from some minor administrative amendments)., its stature and importance have changed beyond recognition since 1986.”

In particular the new edition includes coverage of:

• The adoption of two new international treaties: the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled 2013, in relation to exceptions and limitations; and the Beijing Treaty on Audiovisual Performances 2012.

• Continuing work within the WIPO Standing Committee on Copyright and Related Rights on exceptions and limitations, and the development of a new treaty on broadcasters.

• Corresponding discussions at both national and regional levels about the scope of exceptions and limitations generally, in particular the application of the “three step test” and quotation exceptions.

• Analysis of the beginnings of a movement in favour of broader protection of resale royalty rights.

The enormous book might not be commuter friendly - running at 1,482 pages – but it certainly is exhaustive. It is presented in five sections.

The first section covers the history and development of the Berne Convention, providing four chapters on development of international copyright relations, origin of the Berne Convention, the development of the Convention between 1886-1971, and the most recent updates in light of digitalization and international trade.

The second part is titled Preliminary Matters: Berne and Related Agreements in the Framework of Public international Law and hosts one chapter: Treaty Interpretation and the Concept of Union. The chapter reviews the general rules of public international law regarding the interpretation of treaties, and analyses their application to the Berne Convention.

The third section is titled The Berne Convention and Beyond and contains no fewer than 12 chapters, each focusing on different Articles and constitutive clauses of the Convention, organised thematically rather than by article number.

The fourth part is titled Other Conventions on Copyright and Neighbouring Rights, providing two chapters, one on the related Conventions, such as the Universal Copyright Convention, TRIPs and the WIPO Performances and Phonograms Treaty, and the other on Berne neighbouring rights.

The final part of the book is titled Private International Law Aspects of International Copyright and Neighbouring Rights Protection. It houses one chapter, which looks at private international law, in particular jurisdiction and applicable law.

The book is complete with a comprehensive appendix including the latest text of the Berne Convention, Rome Convention, TRIPs Agreement, WIPO Copyright Treaty, WIPO Performance and Phonograms Treaty, the Beijing Treaty, and the Marrakesh Treaty. As the foreword by Sir Richard Arnold says, “those faced with the task of interpreting those treaties will find sure guidance in this work.”

Publisher: OUP
Extent: 1482 Pages
Hardback 246x171mm
ISBN: 9780198801986
Also available as in eBook