This chapter proposes a series of possible clauses for a future international
copyright treaty related to limitations to contractual freedom in protection
of creators’ bargaining position. For this purpose, it first evaluates the
legal developments recognising authors’ weaker position in copyright
contracts, taking into account the variables the national legislations may
present in limiting contractual freedom. The main attention is given to the
evolution of the international instruments on copyright that somehow address
the transferability of the copyright. Finally, it considers the correlation
between private international law and the possible regulation of contracts
through international copyright laws. As a result, three main possible
clauses are proposed that would provide the background to improve creators’
weaker contractual position for international contracts.
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