Spring (Exam only in semesters with teaching).

Combines successfully with Introduction to Copyright Law (JUS277-2-A)

Works of authorship, such as books, music, films and computer software, travel easily across national borders, giving copyright law an international dimension almost by definition. Indeed the oldest international copyright conventions already date back from the 19th century. The ongoing globalization of information markets and the advent of the Internet have accelerated this process of internationalization. Increasingly, national copyright norms are being established at the international level, either in the form of multilateral treaties or bilateral instruments.

This course on International Copyright Law explores past and recent developments in International and European copyright law. Particular attention will be paid to the following treaties: Berne Convention, TRIPs Agreement, WIPO ´Internet treaties´ and bilateral treaties.

Schedule of Classes

The course will be taught in 7 classes of 2 hours each (total 14) hours during the second semester, following this schedule:

Class # 1 Berne Convention

• History of the Berne Convention
• World Intellectual Property Organization (WIPO)
• National treatment and territoriality
• Points of attachment
• Minimum standards

Class # 2 WIPO Copyright Treaty

• International copyright and the Internet
• WCT Minimum Standards
• Digital Rights Management
• Are international copyright treaties self-executing?

Class # 3 TRIPS Agreement

• World Trade Organization
• WTO Dispute Settlement Procedure
• Substantive copyright norms in TRIPs
• The ´three-step test´

Class # 4 Bilateral agreements

• US Free Trade Agreements
• EU Bilateral arrangements
• Concerns of developing nations

Class # 5 International enforcement

• Litigating in foreign countries
• Jurisdiction, conflicts of law
• The Madonna (Frozen) plagiarism case

Class # 6 Copyright and Unauthorized File Sharing

• Liability of users
• Liability of (software) providers
• Liability of ISP´s
• Should file sharing be legalized?

Class # 7 Current developments

• Extending the term of protection of phonograms and musical performances
• The ´orphan works´ problem
• Open content/Creative Commons

Class Participation and Preparation

All students are expected to prepare in advance for class and to participate in class discussions. Homework assignments are posted on the course page on UiB Mi side (My space).

After successful completion of this course students will:

• be able to detect problems of copyright law in the international context;
• have a good working knowledge of the body of international treaties in the area of copyright law;
• be able to apply rules from different levels to the same set of facts;

be able to write argumentative texts in the area of international copyright law.

Good English

Three years of university studies

Students should have taken one of the following classes: JUS277-2-A Introduction to Copyright Law or similar introductory course in copyright or intellectual property law at a foreign university.

Exam only in semesters with teaching.

Three hour school exam. A - E for passed, F for fail.

Exam language:

• Question paper: English
• Answer paper: English

Support materials allowed during school exam:

See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

Special regulations about dictionaries:

• According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
• Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
• Dictionaries as described above cannot be combined with any other types of dictionaries.
• Any kind of combination which makes up more than two physical volumes is forbidden.
• In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.

Course teacher: Professor P. Bernt Hugenholtz

Administrative contact: elective-courses@jurfa.uib.no