Chapter 5: The points of attachment
Almost all the international instruments on copyright and related rights contain provisions which determine their scope of application, that is, which foreign works or objects of related rights must be protected in the countries party to the instruments. In doing so they use a number of different so-called points of attachment such as the nationality of the author or his or her country of domicile, the country in which the performance took place, the work or phonogram was first published, or the broadcast transmitted, and so on. By means of such criteria, the works and objects that are subject to protection under the various instruments are determined in an exhaustive manner. These provisions are not the same as the frequently identical criteria in national legislation which determine the scope of application of the national statute. The points of attachment of the international instruments are implemented in various different ways in national law. Sometimes they are reflected by a general principle of direct and immediate applicability in national law of international instruments to which the country is party; sometimes they are brought into force through explicit provisions in primary or secondary legislation which either repeat the provisions of the international instruments or refer to them in general terms.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.