Primer on International Copyright and Related Rights

Primer on International Copyright and Related Rights

Jørgen Blomqvist

The international law on copyright and related rights is comprehensive and complex, spanning over a large number of different treaties which have been compiled and amended over more than 125 years. This book gives a concise, but comprehensive introduction to the rules and their rationales. Its rights-oriented approach makes it equally valuable to the student and the practitioner who needs both an introduction to and overview over the international law in the field. The book explains all treaties relevant today, from the 1886 Berne Convention to the WIPO Marrakesh Treaty of 2013.

Chapter 5: The points of attachment

Jørgen Blomqvist

Subjects: law - academic, intellectual property law


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.

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