WIPO, Berne, TRIPS, Copyright Law and their Implications for Google

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The provision of adequate rewards to creators of works is considered to be dependent in modern times upon the adequate recognition and enforcement of the rights given to those creators by copyright law.


Thus all national copyright laws to a greater or lesser extent attempt to balance recognition and enforcement of copyright against broader interests and needs. International copyright law has recognised the need for this balance but the exact nature of the appropriate balance has been contentious. The nature of the balance envisaged in the Berne Convention may well have been different from that envisaged in subsequent legislation and this essay will begin by defining the dimensions of that balance. It will then proceed to consider the changes in international copyright law brought about by the TRIPS Agreement and the WIPO Copyright Treaty to establish whether the balance as now recognised in international copyright law is different from that originally recognised by the Berne Convention.
Article 13 of TRIPs illustrates the essence of the Berne Convention and TRIPs, which is that the copyright holder's rights cannot be derrogated from except in special circumstances in the public interest. However, the test is very strict whereby the rights of the artist are paramount in the Berne Convention where it it widely accepted that the copyright holder and the artist was one and the same. ...
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