International sources and principles in copyright law

Question 1

Normative framework for international principles in copyright law

Answer 1

Art 31 VCLT - A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

Question 2

The Berne Convention principles

Answer 2

of national treatment,
of automatic protection,
of independence of protection

Question 3

National treatment

Answer 3

foreign authors (authors of other Berne Union countries) are to receive the same treatment as nationals.

Question 4

Automatic protection

Answer 4

based on an idea that the enjoyment and the exercise of copyright must not depend or be made conditional on any formality

Question 5

Independence of protection

Answer 5

Enjoyment and exercise of copyright in a work in a Union country is independent of the existence of copyright protection in the country of origin of the work.

Question 6

TRIPS Agreement

Answer 6

reason for the ‘Berne+’ Treaty,
special agreement within the meaning of Art 20 BC
computer programs!
enforcement and DS mechanisms,

Question 7

WCT Treaty

Answer 7

governed by the World Intellectual Property Organisation
also special agreement within the meaning of Art 20 BC
scope of exclusive right expanded,
three-step test firstly introduced,
duration of copyright

Question 8

Other international treaties

Answer 8

Marrakesh Treaty for the Visually Impaired (2013)

Question 9

EU Law

Answer 9

competence of the EU legislative over IP law (questioned and confirmed: Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmärkte GmbH&Co. KG),
explicitly confirmed: C 92/92+C 326/92 Phill Collins
scope of harmonisation questioned (economic right only? or both, personal rights also?)
compare the market clause (Art 114-115 TfEU vs art 17 of the EU Charter)
meaning of the Art 17.2 EU Charter [‘…shall be protected’]