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Hishinuma, Takeshi --- "The Scope of Formalities in International Copyright Law in a Digital Context" [2010] ELECD 526; in Bently, Lionel; Suthersanen, Uma; Torremans, Paul (eds), "Global Copyright" (Edward Elgar Publishing, 2010)

Book Title: Global Copyright

Editor(s): Bently, Lionel; Suthersanen, Uma; Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447660

Section: Chapter 31

Section Title: The Scope of Formalities in International Copyright Law in a Digital Context

Author(s): Hishinuma, Takeshi

Number of pages: 18

Extract:

31. The scope of formalities in
international copyright law in a
digital context
Takeshi Hishinuma*

1 INTRODUCTION

The promotion of the use of copyrighted works is ever more prevalent
in the Internet age. Non-formality, originally aiming at international
protection, is sometimes considered a barrier to such use. In addition,
certain formalities could be beneficial for international enforcement.
Although the non-formality principle is a widely accepted international
norm, the scope of this principle has not been analyzed in full accord-
ance with the generally accepted and permissible interpretation of the
treaty. Thus, the dynamic approach is mainly explored in this essay,
and the textual and subjective approaches are discussed in the existing
literature. In addition, this essay considers the complementary roles
the non-formality principle shares with other instruments such as the
limitation of and exception to copyright, the duration of copyrights
and compulsory license. Finally, this essay touches upon the intrinsic
difficulties with the notice function of contractually split rights both
for public registration and collective societies. Another issue relating to
copyrighted works beyond the treaty protection term is analyzed. This
essay does not address issues relating to the right of publicity, which
often hinders the use of cultural works. The right of publicity comes
under the purview of national (dominantly Constitutional) laws rather
than international law.




* Visiting Scholar, Institute of Intellectual Property (IIP) of Japan, Japan.

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 The scope of formalities in international copyright law 461

2 SCOPE OF THE NON-FORMALITY PRINCIPLE IN
THE INTERNET ERA
...