Retransmission and U. S. Compliance with TRIPs

Sampul Depan
Kluwer Law International B.V., 1 Jan 2003 - 341 halaman
This book seeks to answer one central question: do the U.S. cable and satellite retransmission statutory licenses comply with the TRIPs minimum standard? As with all legal problems, the resolution of ambiguity provides the challenge and the interest. In this regard, by far the greatest ambiguity is created by the use of the term 'equitable renumeration' in the TRIPs retransmission norm. Resort will be had to not only the drafting history of the TRIPs incorporated Berne Convention article, but also to the discipline of economics and to the field of restitutionary monetary awards in common law countries, to seek to provide a meaning for that term.

This book is unique in so far as it purports to undertake to provide an analysis whereby a TRIPs compliance issue is considered fully at a theoretical level in an attempt to provide an answer. In so doing, it is hoped that the analysis will provide a methodology for the consideration of the compliance of national laws with intellectual property treaty obligations, which is of use to anyone who may wish to consider such compliance issues in the future.

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Introduction
1
Retransmission Equitable Remuneration and Economics
3
ARTICLES
4
FriedrichKarl Beier Exclusive Rights Statutory Licenses and Compulsory Licenses
14
Besen Willard G Manning and Bridger M Mitchell Copyright Liability
21
Taddeo Collova La remuneration pour copies privee The Remuneration
34
From a Bundle of National Copyright
87
Robert Cooter The Cost of Coase 1982 11 Journal of Legal Studies 1
92
Retransmission Equitable Remuneration and Restitution
137
Guido Calabressi and A Douglas Melamed Property Rules Liability Rules
141
The US Cable Retransmission Royalty Rates
209
Louis G Caldwell The International Committee on Wireless Telegraphy 1930 1
211
Greene The Cable Television Provisions of the Revised Copyright Act
212
Balancing the Record 1994 41
217
Fred H Cate Cable Television and the Compulsory Copyright License 1990 42
230
The US Satellite Retransmission Royalty Rates
261

Kenneth W Dam SelfHelp in the Digital Jungle 1999 28 Journal of Legal Studies
110
Peter Bohm Estimating Demand for Public Goods 1972 3 European Economic
111
Ginsburg Toward Supranational Copyright Law? The WTO Panel Decision
114
Diane Bruce Anstine How Much Will Consumers Pay? A Hedonic Analysis of
129
Is some Number
131
Conclusion
305
Law
314
Index
331
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