Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M.

Name: Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age
Author: Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M.

Country of Origin and Internet Publication… (2011)

Summary

“Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age”, published in 2011, is a work by Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M.. It explores elements such as the United States, the Berne Convention and Internet.

Quotes from Country of Origin and Internet Publication… (Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M.)

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ In this article, we argue that even if a work first published online can be considered to be simultaneously published all over the world it does not follow that any country can assert itself as the "country of origin" of the work for the purpose of imposing domestic copyright formalities. More specifically, we argue that the meaning of "United States work" under the U.S. Copyright Act should be interpreted in line with the presumption against extraterritorial application of domestic law to limit its application to only those works with a real and substantial connection to the United States. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ We do not believe that "United States work" can be so easily read to apply so broadly. The purpose of defining "United States works" is to determine which works will be subject to registration requirements under U.S. law – it therefore has a limiting function, not an expansive function. We do not believe that Congress intended that all works published online, wherever created and whether owned by foreign nationals or residents, would be considered U.S. works, and that the U.S. copyright law would, as a result, have such a broad, extraterritorial application. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ I. INTRODUCTION It is increasingly common for copyright works to be made available to the public for the first time via the Internet. Online publication allows a work to be published simultaneously throughout the world to every country with Internet access. While this is certainly advantageous for the dissemination and impact of information and creative works, it creates potential complications under the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention") , an international intellectual property agreement to which most countries in the world now subscribe. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ By analogy, the determination of the country of origin of a work can be assisted by reference to factors such as the needs of international systems, protection of justified expectations and certainty, predictability and uniformity of results. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ We look beyond the plain language of a statute only when it is unclear or ambiguous, when Congress has clearly expressed a legislative intent to the contrary, or when an absurd result would ensue from adopting the plain language interpretation. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ However, publishing opportunities presented by new technologies mean that we now live in a world of simultaneous publication – works that are first published online are published simultaneously to every country in world in which there is Internet connectivity. These new opportunities present unique challenges and bring to the fore the apparent gaps in the Berne Convention's country of origin provisions. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ The performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ Hillman J considered that the question of whether Moberg's photographs were 'United States works' involved two issues: (i) whether the posting of plaintiff‘s photographs on the Internet is considered "publishing," and, (ii) if so, whether "publishing" on the Internet causes the photographs to be published only in the country where the Internet site is located, or in every country around the world simultaneously. [33]
In reaching its decision, the court focused on the broader purpose and policy rationale behind the Berne Convention. ”

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Source: Wikisource

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M., Country of Origin and Internet Publication… (2011)

“ As we have discussed, this approach is consistent with both the U.S. Copyright Act and the Berne Convention, and reflects the changing pace of technology.
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↑ Article 5 (1) . Discussed in more detail below. ↑ Article 5 (2) . Discussed in more detail below. ↑ Copyright Act: 17 U.S.C. § 411 (a) . ↑ Copyright Act: 17 U.S.C. § 412. ↑ "Simultaneous publication" is defined as within 30 days of first publication: Article 3 (4) . ”

Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M.

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