This course covers the copyright and related rights in a comparative context, focussing not only on the EU and its member states, but also on the US copyright practice. The course has a twofold focus: first, it addresses the protection of traditional literary and artistic works and the rights related to copyright, and second, it sets the scene for industry-specific applications of copyright in multimedia, software, database and design industries. Students will become familiar with international instruments such as the Berne Convention, the WIPO Copyright, and the WIPO Performances and Phonograms Treaty and their impact on the European common market. Taught by: Prof. Estelle Derclaye (U. of Nottingham), Prof. Antoon Quaedvlieg (Radboud U. Nijmegen); Dalindyebo Shabalala (UM)
At the end of this course, the student can place copyright and related rights in an international and national perspective, is able to describe the role and function of international institutions (WIPO, WTO, European Institutions) and instruments (BC, WIPO Copyright Treaties, EC Directives and Regulations), knows the major difference between the copyright and droit d’auteur systems, will be conversant with concepts such as national treatment, the absence of formalities, and the works catalogue, and is able to write, argue and present on these issues in the context of performance and industrial copyright works (databases, software, etc.).
Standard literature plus additional materials (e.g. Lévêque/Ménière, ‘The Economics of Patents and Copyright’; Derclaye, ‘Databases Sui Genereis Right: Should we adopt the spin off theory’; Kamperman Sanders, 'Limits to database protection: Fair use and scientific research exemptions'; Anderman, ‘Microsoft v Commission and the Interoperability Issue’; etc.)