Posted: Feb. 16, 1999
Peter W. Martin
It's a global Internet and global market place, but the law we have focused on so far has been strictly domestic. In taking the issues of this course beyond the U.S. borders, let us start out, at least, with three scenarios.
Scenario #1 involves a Web site located outside the U.S. that offers infringing copies of recorded music or other material protected by U.S. copyright law. What remedies, if any, does U.S. copyright law provide the copyright holder against the operator of the site?
Scenario #2 is CD duplication and distribution outside the U.S. of material covered by U.S. copyright law. What mechanisms are available to the copyright holder to respond to the problem?
Scenario #3 looks at the U.S. as a potential site for enforcement of foreign copyright law claims. To add interest to the question let us have those claims concern material of a type where U.S. law is different in scope or terms of protection than the country of the work's origin -- e.g., judicial opinions.
Cases:
Subafilms, Ltd. v. MGM-Pathe Communications, 24 F.3d 1088 (9th Cir. 1994) (LEXIS | WESTLAW)
Los Angeles News Service v. Reuters Television International, Ltd., 149 F.3d 987 (9th Cir. 1998) (LEXIS | WESTLAW)
Expediters Intn'l of Washington, Inc. v. Direct Line Cargo Management Services, Inc., 995 F. Supp. 468 (D.N.J. 1998) (LEXIS | WESTLAW)
The Bridgeman Art Library, Ltd. v. Corel Corp., 25 F. Supp. 2d 421 (S.D.N.Y. 1998) (LEXIS | WESTLAW)
Treaty Material:
Commentary:
Charles McManis, Taking TRIPS on the Information Superhighway: International Intellectual Property Protection and Emerging Computer Technology, 41 Villanova L. Rev. 207 (1996) (LEXIS | WESTLAW)
I'll begin discussion on this assignment in the Webboard conference on February 17. Our video conference class concluding this set of issues will be Tuesday, Feb. 23.