Primer on International Copyright and Related Rights
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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.
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Chapter 11: Beneficiaries of the protection

Jørgen Blomqvist

Extract

According to Article 2(6) of the Berne Convention, the protection, which the protected works shall enjoy in all countries of the Union, shall operate for the benefit of the author and his (or her) successors in title. The Convention does not define the concept of the 'author', which to some extent must be determined on the basis of other provisions of the Convention. The starting point must be that the protected work is a creation by a human being and accordingly the author is the person who has added the original or individual elements which qualify it as a work. This, however, is not explicitly stated in the Convention, and there is reason to believe that there is a certain leeway for national law. This clearly appears when looking at Article 14bis(2)(a) according to which the ownership of copyright in a cinematographic (or audiovisual) work shall be a matter for legislation in the country where protection is claimed. Item (b) adds a special rule for 'those countries of the Union which, by legislation, include among the owners of copyright in a cinematographic work authors who have brought contributions to the making of the work'. Those provisions are included because some countries of the Union do not count such authors of contributions as authors of the film, but instead consider the producer, who often is a legal entity, to be the author.

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