EdX Copyright Online Course - User contributions [en]

CopyrightX: Jamaica 2013

2013-02-09T20:55:38Z

Nesson: /* Sarah Hsai Hall */

== Course Description ==
[[File:SCH.jpg|right]]

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. These are linked below, you can access them by clicking on the topic for a given week.

Our discussion section will meet on Saturday mornings at NMLS in Room 5.

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by Sarah Hsia Hall, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

== Sarah Hsia Hall ==

Sarah Hsia Hall received her undergraduate degree from Brown University (magna cum laude, International Relations) and her law degree from Harvard Law School. Since 2003, she has worked as an Intellectual Property lawyer representing some of the largest IP rights holders in the world (as well as some of the smallest) in a variety of industries, including luxury goods, financial services, technology, chemicals, consumer goods and entertainment.

Ms. Hall moved to Kingston, Jamaica in 2010. She completed the transitional program at Norman Manley Law School in 2012, and is in the process of being called to the Jamaican Bar.

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licensed under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at sarahhsia at gmail dot com.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>

'''Lectures'''
[[http://cyber.law.harvard.edu/people/tfisher/Copyright_Lectures_2013.htm Copyright Lectures]]

'''Course Materials:'''
* Week 1: '''[[The_International_Framework_of_Copyright_Law-JA]]''' and '''[[The_Requirements_for_Copyright_Protection-JA]]'''
* Week 2: '''[http://cyber.law.harvard.edu/people/tfisher/IP/Fisher_IP_Theories.pdf Fairness_and_Personality_Theories-JA]'''
* Week 3: '''The_Subject_Matter_of_Copyright'''
* Week 4: '''Welfare Theory'''
* Week 5: '''Authorship'''
* Week 6: '''Copyright_Machinery'''
* Week 7: '''The Rights to Reproduce and Modify''' - '''Copyright_Entitlements'''
* Week 8: '''The Rights to Distribute, Perform and Display'''
* Week 9: '''Fair Use and Misuse''' - '''Copyright_Exceptions_and_Limitations'''
* Week 10: '''Cultural Theory''' - '''Traditional_Knowledge''' '''Moral_Rights'''
* Week 11: '''Supplements to Copyright: Secondary Liability and Para-copyright''' - '''Copyright_Supplements'''
* Week 12: '''Remedies''' - '''Copyright_Litigation'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

CopyrightX: Jamaica 2013

2013-02-09T20:54:46Z

Nesson: /* Introduction to CopyrightX Materials */

== Course Description ==
[[File:SCH.jpg|right]]

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. These are linked below, you can access them by clicking on the topic for a given week.

Our discussion section will meet on Saturday mornings at NMLS in Room 5.

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by Sarah Hsia Hall, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

== Sarah Hsai Hall ==

Sarah Hsia Hall received her undergraduate degree from Brown University (magna cum laude, International Relations) and her law degree from Harvard Law School. Since 2003, she has worked as an Intellectual Property lawyer representing some of the largest IP rights holders in the world (as well as some of the smallest) in a variety of industries, including luxury goods, financial services, technology, chemicals, consumer goods and entertainment.

Ms. Hall moved to Kingston, Jamaica in 2010. She completed the transitional program at Norman Manley Law School in 2012, and is in the process of being called to the Jamaican Bar.

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licensed under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at sarahhsia at gmail dot com.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>

'''Lectures'''
[[http://cyber.law.harvard.edu/people/tfisher/Copyright_Lectures_2013.htm Copyright Lectures]]

'''Course Materials:'''
* Week 1: '''[[The_International_Framework_of_Copyright_Law-JA]]''' and '''[[The_Requirements_for_Copyright_Protection-JA]]'''
* Week 2: '''[http://cyber.law.harvard.edu/people/tfisher/IP/Fisher_IP_Theories.pdf Fairness_and_Personality_Theories-JA]'''
* Week 3: '''The_Subject_Matter_of_Copyright'''
* Week 4: '''Welfare Theory'''
* Week 5: '''Authorship'''
* Week 6: '''Copyright_Machinery'''
* Week 7: '''The Rights to Reproduce and Modify''' - '''Copyright_Entitlements'''
* Week 8: '''The Rights to Distribute, Perform and Display'''
* Week 9: '''Fair Use and Misuse''' - '''Copyright_Exceptions_and_Limitations'''
* Week 10: '''Cultural Theory''' - '''Traditional_Knowledge''' '''Moral_Rights'''
* Week 11: '''Supplements to Copyright: Secondary Liability and Para-copyright''' - '''Copyright_Supplements'''
* Week 12: '''Remedies''' - '''Copyright_Litigation'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

CopyrightX: Jamaica 2013

2013-01-22T17:35:41Z

Nesson: /* Help Us Improve the Materials */

== Course Description ==
[[File:SCH.jpg|right]]

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. These are linked below, you can access them by clicking on the topic for a given week.

Our discussion section will meet on Saturday mornings at NMLS in Room 5.

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by Sarah Hsia Hall, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at sarahhsia at gmail dot com.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* Week 1: '''[[The_International_Framework_of_Copyright_Law-JA]]''' and '''[[The_Requirements_for_Copyright_Protection-JA]]'''
* Week 2: '''Fairness and Personality Theories'''
* Week 3: '''[[The_Subject_Matter_of_Copyright]]'''
* Week 4: '''[[Welfare Theory]]'''
* Week 5: '''[[Authorship]]'''
* Week 6: '''[[Copyright_Machinery]]'''
* Week 7: '''[[The Rights to Reproduce and Modify]]''' - '''[[Copyright_Entitlements]]'''
* Week 8: '''[[The Rights to Distribute, Perform and Display]]'''
* Week 9: '''[[Fair Use and Misuse]]''' - '''[[Copyright_Exceptions_and_Limitations]]'''
* Week 10: '''[[Cultural Theory]]''' - '''[[Traditional_Knowledge]]''' '''[[Moral_Rights]]'''
* Week 11: '''[[Supplements to Copyright: Secondary Liability and Para-copyright]]''' - '''[[Copyright_Supplements]]'''
* Week 12: '''[[Remedies]]''' - '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

CopyrightX: Jamaica 2013

2013-01-22T17:33:56Z

Nesson:

== Course Description ==
[[File:SCH.jpg|right]]

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. These are linked below, you can access them by clicking on the topic for a given week.

Our discussion section will meet on Saturday mornings at NMLS in Room 5.

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by Sarah Hsia Hall, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* Week 1: '''[[The_International_Framework_of_Copyright_Law-JA]]''' and '''[[The_Requirements_for_Copyright_Protection-JA]]'''
* Week 2: '''Fairness and Personality Theories'''
* Week 3: '''[[The_Subject_Matter_of_Copyright]]'''
* Week 4: '''[[Welfare Theory]]'''
* Week 5: '''[[Authorship]]'''
* Week 6: '''[[Copyright_Machinery]]'''
* Week 7: '''[[The Rights to Reproduce and Modify]]''' - '''[[Copyright_Entitlements]]'''
* Week 8: '''[[The Rights to Distribute, Perform and Display]]'''
* Week 9: '''[[Fair Use and Misuse]]''' - '''[[Copyright_Exceptions_and_Limitations]]'''
* Week 10: '''[[Cultural Theory]]''' - '''[[Traditional_Knowledge]]''' '''[[Moral_Rights]]'''
* Week 11: '''[[Supplements to Copyright: Secondary Liability and Para-copyright]]''' - '''[[Copyright_Supplements]]'''
* Week 12: '''[[Remedies]]''' - '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

The International Framework of Copyright Law-JA

2013-01-22T17:31:00Z

Nesson:

[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

==[[image:casestudy.png|50px|]] Case Study ==

Jah Q is a successful Reggae artiste who has recorded several albums in Jamaica that were released on a record label based in the US. His friend, Tomoko, recently told him that she attended a concert in Japan where she heard a Ghanaian reggae band play a cover of one of Jah Q's hit songs. Jah Q wants to know whether his work has protection internationally, and, if so, how.

== The Rationale for the International System ==

Each country in the world has its own set of copyright laws. However, the flexibility that most countries enjoy in adjusting and enforcing their own laws is limited by a set of international treaties. Why do we need any international management of this field? There are two traditional answers to this question.

First, without some international standardization, nations might enact legislation that protects their own citizens while leaving foreigners vulnerable. Such discrimination was common prior to international regulation. As copyright owners become increasingly interested in global protection for their creation, mutual recognition on fair terms of rights across borders becomes ever more important.

Second, some copyright holders believe that developing nations would not adopt adequate copyright protections unless forced to do so by treaty. Representatives of developing nations strongly dispute this argument.

== International Instruments ==

The simplest way to achieve these goals would be a single treaty signed by all countries. Unfortunately, the current situation is more complex. Instead of one treaty, we now have six major '''multilateral''' agreements, each with a different set of member countries. Jamaica is a member of all six of the major "multilateral" agreements.

Each of the six agreements was negotiated within - and is now administered by - an international organization. Four of the six are managed by the World Intellectual Property Organization (WIPO); one by the United Nations Educational, Scientific and Cultural Organization (UNESCO); and one by the World Trade Organization (WTO).

The six agreements have been created and implemented in similar, though not identical, ways. Typically, the process begins when representatives of countries think that there should be international standards governing a set of issues. They enter into '''negotiations''', which can last several years. During the negotiations, draft provisions are presented to the delegations of each country, which then discuss them and may propose amendments to their content in order to reach a consensus. This "consensus" may reflect genuine agreement among all of the participating countries that the proposed treaty is desirable, or it may result from pressure exerted by more powerful countries upon less powerful countries. Once consensus has been reached, the countries conclude the treaty by '''signing''' it. Thereafter, the governments of the participating countries '''ratify''' the treaty, whereupon it '''enters into force'''. Countries that did not sign the treaty when it was initially concluded may join the treaty later by '''accession'''.

None of the six treaties pertaining to copyright law contains a comprehensive set of rules or standards for a copyright system. Rather, each one requires member countries to deal with particular issues in particular ways, but leaves to the member countries considerable discretion in implementing its requirements.

Click here for more on the [[stages of an international agreement]].

Set forth below are brief descriptions of the six major treaties.

====Berne Convention====

In 1886 ten European states signed the Berne Convention for the Protection of Literary and Artistic Works (referred to hereafter as the "Berne Convention") in order to reduce confusion about international copyright law. Since then, a total of 164 countries have joined the Berne Convention. However, there have been several revisions of the Berne Convention, and not all countries have ratified the most recent version. Any nation is permitted to join. You can check to see [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 if your country is a member of the Berne Convention by consulting this link]. Below is a map showing which countries are currently members.

<div style="border: 1px dashed grey; padding: .5em 1em; margin: 3px 3px 1em 3px; width: 721px;">
[[Image:Map1.png|721px]]
</div>

The Berne Convention established three fundamental principles. The first and most famous is the principle of “national treatment,” which requires member countries to give the residents of other member countries the same rights under the copyright laws that they give to their own residents. So, for example, a novel written in Bolivia by a Bolivian citizen enjoys the same protection in Ghana as a novel written in Ghana by an Ghanian citizen.

The second is the principle of “independence” of protection. It provides that each member country must give foreign works the same protections they give domestic works, even when the foreign works would not be shielded under the copyright laws of the countries where they originated. For example, even if a novel written in Bolivia by a Bolivian national were not protected under Bolivian law, it would still be protected in Ghana if it fulfilled the requirements for protection under Ghanian law.

The third is the principle of “automatic protection.” This principle forbids member countries from requiring persons from other Berne Convention member countries to undergo legal formalities as a prerequisite for copyright protection. (They may impose such requirements on their own citizens, but usually do not.) The effect of this principle is that the Jamaican author of a novel doesn’t have to register or declare her novel in Ghana, India, Indonesia, the US or any other member state of the Berne Convention; her novel will be automatically protected in all of these countries from the moment it is written.

In addition to these basic principles, the Berne Convention also imposes on member countries a number of more specific requirements. For instance, they must enforce copyrights for a minimum period of time. The minimum copyright term for countries that have ratified the most recent version of the Berne Convention is the life of the author plus 50 years for all works except photographs and cinema. The Berne Convention also requires its members to recognize and enforce a limited subset of the “moral rights” discussed in [[Module 1: Copyright and the Public Domain#What Rights Come With Copyright.3F|Module 1]].

The Berne Convention sets forth a framework for member countries to adopt exceptions to the mandated copyright protections. The so-called "three-step test" contained in Article 9(2) ([http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework#The_Three-Step_Test discussed in more detail below]) defines the freedom of member countries to create exceptions or limitations to authors' rights to control reproductions of their works. Other provisions of the Berne Convention give member countries discretion to create more specific exceptions.

When the Berne Convention was revised most recently in Paris in 1971, the signatory countries added an [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P410_75777 Appendix((.link_red))], which contains special provisions concerning developing countries. In particular, developing countries may, for certain works and under certain conditions, depart from the minimum standards of protection with regard to the right of translation and the right of reproduction of copyrighted works. More specifically, the Appendix permits developing countries to grant non-exclusive and non-transferable compulsory licenses to translate works for the purpose of teaching, scholarship or research, and to reproduce works for use in connection with systematic instructional activities.

While the Berne Convention outlines broad standards for copyright protection, it mandates few specific rules. As a result, the legislature in each member country enjoys considerable flexibility in implementing its requirements. For example, in the Berne Convention Implementation Act of 1988, the U.S. Congress adopted a “minimalist” approach to implementation, making only those changes to copyright law that were absolutely necessary to qualify for membership.

The Berne Convention does not contain an enforcement mechanism. This means that member states have little power to punish another state that does not comply with the Berne Convention's guidelines. As we will see later, this situation partially changed for the members of the Berne Convention that also joined the WTO.

To learn more about the Convention you may [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html read its text((.link_red))] or consult a brief discussion of the history of the [[Berne Convention]].

====Universal Copyright Convention====

The '''Universal Copyright Convention''' (or '''UCC''') was developed by '''UNESCO''' and adopted in 1952. It was created as an alternative to the Berne Convention. The UCC addressed the desire of several countries (including the United States and the Soviet Union) to enjoy some multilateral copyright protection without joining the Berne Convention.

The UCC’s provisions are more flexible than those of the Berne Convention. This increased flexibility was intended to accommodate countries at different stages of development and countries with different economic and social systems. Like the Berne Convention, the UCC incorporates the principle of national treatment and prohibits any discrimination against foreign authors, but it contains fewer requirements that member countries must comply with.

The UCC has decreased in importance as most countries are now party to the Berne Convention or are members of the WTO (or both). The copyright obligations of members of the WTO are governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), discussed below.

You may check if your country is a member of the UCC by reviewing [http://portal.unesco.org/culture/en/files/7816/11642786761conv_71_e.pdf/conv_71_e.pdf this list]. For more information about the UCC you may [http://www.ifla.org/documents/infopol/copyright/ucc.txt read its text] or consult the [[Examination of the UCC]].

====Rome Convention (1961)====

By 1961, technology had progressed significantly since the Berne Convention was signed. Some inventions, such as tape recorders, had made it easier to copy recorded works. The Berne Convention only applied to printed works and thus did not help copyright holders defend against the new technologies. To address the perceived need for strong legislative protection for recorded works, members of WIPO concluded the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations on October 26, 1961. It extended copyright protection from the author of a work to the creators and producers of particular, physical embodiments of the work. These "fixations" include media such as audiocassettes, CDs, and DVDs.

The Rome Convention requires member countries to grant protection to the works of performers, producers of phonographs, and broadcasting organizations. However, it also permits member countries to create exceptions to that protection -- for example, to permit unauthorized uses of a recording for the purpose of teaching or scientific research.

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=17 Eighty-eight countries have signed the Rome Convention]. Below is a map of the member states:

<div style="border: 1px dashed grey; padding: .5em 1em; margin: 3px 3px 1em 3px; width: 721px;">
[[Image:Map2.png|721px]]
</div>

Membership in the Rome Convention is open only to countries that are already parties to the Berne Convention or to the Universal Copyright Convention. Like many international treaties, joining the Rome Convention has an uncertain effect on domestic law. Countries that join the convention may "reserve" their rights with regards to certain provisions of the treaty. In practice, this has enabled countries to avoid the application of rules that would require important changes to their national laws.

For more information on the Rome Convention you may [http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html read its text((.link_red))] or read more about the [[Rome Convention provisions]].

====WIPO Copyright Treaty (WCT) ====

The way that copyright owners reproduce, distribute, and market their works has changed in the digital age. Sound recordings, articles, photographs, and books are commonly stored in electronic formats, circulated via the Internet, and compiled in databases. Unfortunately, the same technologies that enable more efficient storage and distribution have also facilitated widespread copying of copyrighted works. Concerned about the effects of these new technologies, the governments of developed countries advocated for and ultimately secured two treaties: the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty.

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention that entered into force on March 6, 2002. It is the first international treaty that requires countries to provide copyright protection to computer programs and to databases (compilations of data or other material).

The WCT also requires members to prohibit the circumvention of technologies set by rightsholders to prevent the copying and distribution of their works. These technologies include encryption or “rights management information” (data that identify works or their authors and are necessary for the management of their rights).

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16 Eighty-eight countries are now parties to the WCT].

For more about the WCT [http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html read its text((.link_red))] or read the [[Examination of the WCT]].

====WIPO Performances and Phonograms Treaty (WPPT)====

The WIPO Performances and Phonograms Treaty (WPPT) was signed by the member states of WIPO on December 20, 1996. The WPPT enhances the intellectual property rights of performers and of producers of '''phonograms'''. Phonograms include vinyl records, tapes, compact discs, digital audiotapes, MP3s, and other media for storing sound recordings.

The WPPT grants performers economic rights in their performances that have been fixed in phonograms. It also grants performers moral rights over these performances. By contrast, the producers of phonograms are only granted economic rights in them.

[http://www.wipo.int/treaties/en/ShowResults.jsp?country_id=ALL&start_year=ANY&end_year=ANY&search_what=C&treaty_id=20 Eighty-six countries are party to the WPPT].

For more about the WPPT [http://www.wipo.int/treaties/en/ip/wppt/trtdocs_wo034.html read its text((.link_red))] or consult the [[Examination of the WPPT]].

====The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)====

The TRIPS is an international agreement administered by the WTO that was negotiated and concluded in 1994. A map showing the current membership of the WTO is available [http://en.wikipedia.org/wiki/World_Trade_Organization_accession_and_membership here((.link_red))]. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.

The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' [http://http://en.wikipedia.org/wiki/Moral_rights_(copyright_law) moral rights], which the Berne Convention requires.

The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."

TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional [[information concerning the flexibilities]] of TRIPS for developing nations.

The text of the TRIPS Agreement is available [http://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm here((.link_red))].

====The proposed Anti-Counterfeiting Trade Agreement (ACTA)====

The six multilateral treaties described above may soon be joined by a seventh. In October 2007, the United States, the European Community, Switzerland, and Japan simultaneously announced that they would negotiate a new intellectual property enforcement treaty, the Anti-Counterfeiting Trade Agreement (ACTA). Australia, the Republic of Korea, New Zealand, and Mexico have since joined the negotiations. Several rounds of negotiations have occurred. The participants have stated publicly that they expect to finish negotiations in 2010.

Among other issues, ACTA will contain provisions to address "Internet distribution and information technology," such as authorizing officials to search for illegally downloaded music on personal devices at airports, or forcing Internet Service Providers to provide information about possible copyright infringers without a warrant.

===Regional Agreements===

The multilateral agreements we have just described contain the primary provisions that limit the freedom of each country in shaping its own copyright laws. But some countries also belong to regional organizations that have the power to influence the copyright laws of their members, such as the "'European Union (EU)'", "'African Intellectual Property Organization (OAPI)'" and "'North American Free Trade Agreement (NAFTA)'".

===Free Trade Agreements and Bilateral Investment Treaties===

Multilateral treaties such as TRIPS can provide powerful global protection for copyright holders because they establish minimum standards for protection of copyrights that are binding on large numbers of countries. However, copyright holders sometimes try to obtain even stronger protections through bilateral treaties between countries or organizations of countries. Bilateral treaties on copyright law often address specific issues between the the two parties. Such agreements are commonly known as '''free trade agreements''' (FTAs) or '''Bilateral Investment Treaties''' (BITs).

Typically, such bilateral agreements either narrow the flexibilities that a developing country would enjoy under TRIPS or impose more stringent standards for copyright protection. For example, the U.S. government has included anti-circumvention obligations in its bilateral FTAs with Jordan, Singapore, Chile, Morocco, Bahrain and Oman. Similarly, the European Union has recently negotiated FTAs with developing countries that significantly limit the discretion of those countries in adjusting their copyright laws.

FTAs and BITs are highly controversial. Many scholars and representatives of developing countries regard them as abuses of the power of developed countries. Opponents of proposed FTAs or BITs have sometimes been able to prevent their adoption or modify them.

Click here for more [[Information on FTAs]].

===The Three-Step Test===

Most of the major multilateral, regional, and bilateral agreements use a tool that has come to be known as the “three-step test” to define the freedom of member countries to create “exceptions and limitations” to copyrights. The three-step test was first created in the 1967 revision of the Berne Convention. It provides:

''"It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works [a] in certain special cases, provided that [b] such reproduction does not conflict with a normal exploitation of the work and [c] does not unreasonably prejudice the legitimate interests of the author."''

Most international copyright agreements since then have incorporated versions of this test. For example, versions of the test may be found in the TRIPS Agreement (Article 13), the WCT (Article 10), several of the EU copyright directives, and several bilateral agreements. Indeed, three-step tests may now be found in the national legislation of many countries, including France, Portugal, China, and Australia. Even when national legislation does not explicitly incorporate the test, judges sometimes rely upon it when construing and applying their nation's copyright laws.

== Perspectives For Developing Countries ==

Some observers believe that governments should upgrade and harmonize copyright law globally because it promotes the arts and rewards creators. They argue that granting an exclusive right in creative expression provides a necessary incentive for copyright holders to invest in the creation and distribution of expressive works. This stimulates cultural expression and benefits citizens. Suppression of competition from "pirates," they argue, is necessary to allow local creative industries to flourish.

However, others argue that implementing the same copyright law in all countries has a disproportionate and negative effect on developing countries. Most developed nations have powerful and lucrative entertainment, educational, and research industries that export copyrighted works, and thus benefit from strong copyright law. Developing countries, on the other hand, typically import copyrighted works. Thus, it is argued, the residents of developing countries have to pay more royalties and fees as a result of enhanced copyright protection. It is also argued that restrictive copyright laws prevent many governments from addressing important social needs -- such as providing their citizens with good educations -- because critical information is locked up by the law.

The latter set of arguments have prompted a growing number of groups in developing countries to resist the imposition of the minimum standards of copyright protection set by the TRIPS Agreement and the even harsher duties that are imposed on developing countries by FTAs. They call for a better balance between, on one hand, providing incentives to creators and rewarding their creative activities and, on the other hand, promoting access to knowledge and research in order to spur economic growth and foster innovation in the developing countries.

==[[image:resource.png|50px|]] Additional resources ==

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. (It is also [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10440 prohibitively expensive]). Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

As indicated above, an especially important component of most international copyright agreements is the three-step test. The most comprehensive and accessible examination of the history and meaning of that test may be found in [http://www.ivir.nl/publicaties/hugenholtz/finalreport2008.pdf P. Bernt Hugenholtz & Ruth L. Okediji, Conceiving an International Instrument on Limitations and Exceptions to Copyright: Final Report, March 06, 2008((.link_red))]. Other good analyses of the three-step test available in print but not online include Martin Senftleben, <i>Copyright, Limitations and the Three-Step Test</i> (Kluwer Law Int'l 2004); and Jane C. Ginsburg, "Toward Supranational Copyright Law? The WTO Panel Decision and the "Three Step Test" for Copyright Exemptions," 187 Revue internationale Du Droit D'Auteur 3, 49 (2001).

A thorough review of the principal exceptions and limitations to copyrights recognized by the main multilateral agreements -- combined with a argument for the clarification and expansion of those exceptions and limitations, emphasizing "the importance of access to creative works for developing countries" -- may be found in [http://www.iprsonline.org/unctadictsd/docs/ruth%202405.pdf Ruth L. Okediji, "The International Copyright System: Limitations, Exceptions and Public Interest Considerations for Developing Countries, International Centre for Trade and Sustainable Development and United Nations Conference on Trade and Development," Issue Paper No. 15 (2006)((.link_green))]. Included in Okediji's essay is an excellent discussion of the Berne Convention Appendix.

For a WIPO study more skeptical of the value of those exceptions and limitations, see [http://www.wipo.int/edocs/mdocs/copyright/en/sccr_9/sccr_9_7.pdf WIPO Standing Committee on Copyright and Related Rights, WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment, 9th Session, June 23-27, 2003, WIPO Doc. SCCR/9/7 (April 5, 2003)((.link_green))].

An excellent study of the process of implementing the TRIPS Agreement (including a detailed discussion of the complex processes that led to the revised Bangui Agreement among the OAPI countries) can be found in Carolyn Deere, <i>The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries</i> (Oxford UP 2009). The Introduction, which sketches the argument of the book, is available online [http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=1405224 here((.link_green))].

For up-to-date information concerning the implementation of the EU Information Society Directive by individual countries, including a good bibliography of scholarly studies of the implementation process, see Instituut voor Infomatierecht (IVIR), [http://www.ivir.nl/files/implementation_2001_29_EC/index_eng.html Report on the Implementation of the Information Society Directive] (2008).

==Cases==

The following judicial opinion and summaries of rulings issued in WTO dispute resolution proceedings explore and apply some of the principles discussed in this module:

[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61992J0092:EN:HTML Joined Cases C-92/92 and C-326/92, Phil Collins v Imtrat Handelsgesellschaft mbH; Patricia Im-und Export Verwaltungsgesellschaft mbH and Another v EMI Electrola GmbH (1993)((.link_red))] (Applicability of the EEC Treaty to IP rights)

[http://cyber.law.harvard.edu/people/tfisher/IP/Henry%202001.pdf Sarah E. Henry, "The First International Challenge to U.S. Copyright Law: What Does the WTO Analysis of 17 U.S.C. § 110(5) Mean to the Future of International Harmonization of Copyright Laws Under the TRIPS Agreement?," 20 Penn State International Law Review 301 (2001).((.link_green))] (EU vs. US)

[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1516907 Jan Bohanes & Adrian Emch, "WTO Panel Report on China IPR: A Mixed Result," China Law & Practice, pp. 19-20, March 2009((.link_red))] (US vs. China)

[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

The International Framework of Copyright Law-JA

2013-01-22T17:30:27Z

Nesson:

[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

==[[image:casestudy.png|50px|]] Case Study ==

Jah Q is a successful Reggae artiste who has recorded several albums in Jamaica that were released on a record label based in the US. His friend, Tomoko, recently told him that she attended a concert in Japan where she heard a Ghanaian reggae band play a cover of one of Jah Q's hit songs. Jah Q wants to know whether his work has protection internationally, and, if so, how.

== The Rationale for the International System ==

Each country in the world has its own set of copyright laws. However, the flexibility that most countries enjoy in adjusting and enforcing their own laws is limited by a set of international treaties. Why do we need any international management of this field? There are two traditional answers to this question.

First, without some international standardization, nations might enact legislation that protects their own citizens while leaving foreigners vulnerable. Such discrimination was common prior to international regulation. As copyright owners become increasingly interested in global protection for their creation, mutual recognition on fair terms of rights across borders becomes ever more important.

Second, some copyright holders believe that developing nations would not adopt adequate copyright protections unless forced to do so by treaty. Representatives of developing nations strongly dispute this argument.

== International Instruments ==

The simplest way to achieve these goals would be a single treaty signed by all countries. Unfortunately, the current situation is more complex. Instead of one treaty, we now have six major '''multilateral''' agreements, each with a different set of member countries. Jamaica is a member of all six of the major "multilateral" agreements.

Each of the six agreements was negotiated within - and is now administered by - an international organization. Four of the six are managed by the World Intellectual Property Organization (WIPO); one by the United Nations Educational, Scientific and Cultural Organization (UNESCO); and one by the World Trade Organization (WTO).

The six agreements have been created and implemented in similar, though not identical, ways. Typically, the process begins when representatives of countries think that there should be international standards governing a set of issues. They enter into '''negotiations''', which can last several years. During the negotiations, draft provisions are presented to the delegations of each country, which then discuss them and may propose amendments to their content in order to reach a consensus. This "consensus" may reflect genuine agreement among all of the participating countries that the proposed treaty is desirable, or it may result from pressure exerted by more powerful countries upon less powerful countries. Once consensus has been reached, the countries conclude the treaty by '''signing''' it. Thereafter, the governments of the participating countries '''ratify''' the treaty, whereupon it '''enters into force'''. Countries that did not sign the treaty when it was initially concluded may join the treaty later by '''accession'''.

None of the six treaties pertaining to copyright law contains a comprehensive set of rules or standards for a copyright system. Rather, each one requires member countries to deal with particular issues in particular ways, but leaves to the member countries considerable discretion in implementing its requirements.

Click here for more on the [[stages of an international agreement]].

Set forth below are brief descriptions of the six major treaties.

====Berne Convention====

In 1886 ten European states signed the Berne Convention for the Protection of Literary and Artistic Works (referred to hereafter as the "Berne Convention") in order to reduce confusion about international copyright law. Since then, a total of 164 countries have joined the Berne Convention. However, there have been several revisions of the Berne Convention, and not all countries have ratified the most recent version. Any nation is permitted to join. You can check to see [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 if your country is a member of the Berne Convention by consulting this link]. Below is a map showing which countries are currently members.

<div style="border: 1px dashed grey; padding: .5em 1em; margin: 3px 3px 1em 3px; width: 721px;">
[[Image:Map1.png|721px]]
</div>

The Berne Convention established three fundamental principles. The first and most famous is the principle of “national treatment,” which requires member countries to give the residents of other member countries the same rights under the copyright laws that they give to their own residents. So, for example, a novel written in Bolivia by a Bolivian citizen enjoys the same protection in Ghana as a novel written in Ghana by an Ghanian citizen.

The second is the principle of “independence” of protection. It provides that each member country must give foreign works the same protections they give domestic works, even when the foreign works would not be shielded under the copyright laws of the countries where they originated. For example, even if a novel written in Bolivia by a Bolivian national were not protected under Bolivian law, it would still be protected in Ghana if it fulfilled the requirements for protection under Ghanian law.

The third is the principle of “automatic protection.” This principle forbids member countries from requiring persons from other Berne Convention member countries to undergo legal formalities as a prerequisite for copyright protection. (They may impose such requirements on their own citizens, but usually do not.) The effect of this principle is that the Jamaican author of a novel doesn’t have to register or declare her novel in Ghana, India, Indonesia, the US or any other member state of the Berne Convention; her novel will be automatically protected in all of these countries from the moment it is written.

In addition to these basic principles, the Berne Convention also imposes on member countries a number of more specific requirements. For instance, they must enforce copyrights for a minimum period of time. The minimum copyright term for countries that have ratified the most recent version of the Berne Convention is the life of the author plus 50 years for all works except photographs and cinema. The Berne Convention also requires its members to recognize and enforce a limited subset of the “moral rights” discussed in [[Module 1: Copyright and the Public Domain#What Rights Come With Copyright.3F|Module 1]].

The Berne Convention sets forth a framework for member countries to adopt exceptions to the mandated copyright protections. The so-called "three-step test" contained in Article 9(2) ([http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework#The_Three-Step_Test discussed in more detail below]) defines the freedom of member countries to create exceptions or limitations to authors' rights to control reproductions of their works. Other provisions of the Berne Convention give member countries discretion to create more specific exceptions.

When the Berne Convention was revised most recently in Paris in 1971, the signatory countries added an [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P410_75777 Appendix((.link_red))], which contains special provisions concerning developing countries. In particular, developing countries may, for certain works and under certain conditions, depart from the minimum standards of protection with regard to the right of translation and the right of reproduction of copyrighted works. More specifically, the Appendix permits developing countries to grant non-exclusive and non-transferable compulsory licenses to translate works for the purpose of teaching, scholarship or research, and to reproduce works for use in connection with systematic instructional activities.

While the Berne Convention outlines broad standards for copyright protection, it mandates few specific rules. As a result, the legislature in each member country enjoys considerable flexibility in implementing its requirements. For example, in the Berne Convention Implementation Act of 1988, the U.S. Congress adopted a “minimalist” approach to implementation, making only those changes to copyright law that were absolutely necessary to qualify for membership.

The Berne Convention does not contain an enforcement mechanism. This means that member states have little power to punish another state that does not comply with the Berne Convention's guidelines. As we will see later, this situation partially changed for the members of the Berne Convention that also joined the WTO.

To learn more about the Convention you may [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html read its text((.link_red))] or consult a brief discussion of the history of the [[Berne Convention]].

====Universal Copyright Convention====

The '''Universal Copyright Convention''' (or '''UCC''') was developed by '''UNESCO''' and adopted in 1952. It was created as an alternative to the Berne Convention. The UCC addressed the desire of several countries (including the United States and the Soviet Union) to enjoy some multilateral copyright protection without joining the Berne Convention.

The UCC’s provisions are more flexible than those of the Berne Convention. This increased flexibility was intended to accommodate countries at different stages of development and countries with different economic and social systems. Like the Berne Convention, the UCC incorporates the principle of national treatment and prohibits any discrimination against foreign authors, but it contains fewer requirements that member countries must comply with.

The UCC has decreased in importance as most countries are now party to the Berne Convention or are members of the WTO (or both). The copyright obligations of members of the WTO are governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), discussed below.

You may check if your country is a member of the UCC by reviewing [http://portal.unesco.org/culture/en/files/7816/11642786761conv_71_e.pdf/conv_71_e.pdf this list]. For more information about the UCC you may [http://www.ifla.org/documents/infopol/copyright/ucc.txt read its text] or consult the [[Examination of the UCC]].

====Rome Convention (1961)====

By 1961, technology had progressed significantly since the Berne Convention was signed. Some inventions, such as tape recorders, had made it easier to copy recorded works. The Berne Convention only applied to printed works and thus did not help copyright holders defend against the new technologies. To address the perceived need for strong legislative protection for recorded works, members of WIPO concluded the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations on October 26, 1961. It extended copyright protection from the author of a work to the creators and producers of particular, physical embodiments of the work. These "fixations" include media such as audiocassettes, CDs, and DVDs.

The Rome Convention requires member countries to grant protection to the works of performers, producers of phonographs, and broadcasting organizations. However, it also permits member countries to create exceptions to that protection -- for example, to permit unauthorized uses of a recording for the purpose of teaching or scientific research.

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=17 Eighty-eight countries have signed the Rome Convention]. Below is a map of the member states:

<div style="border: 1px dashed grey; padding: .5em 1em; margin: 3px 3px 1em 3px; width: 721px;">
[[Image:Map2.png|721px]]
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Membership in the Rome Convention is open only to countries that are already parties to the Berne Convention or to the Universal Copyright Convention. Like many international treaties, joining the Rome Convention has an uncertain effect on domestic law. Countries that join the convention may "reserve" their rights with regards to certain provisions of the treaty. In practice, this has enabled countries to avoid the application of rules that would require important changes to their national laws.

For more information on the Rome Convention you may [http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html read its text((.link_red))] or read more about the [[Rome Convention provisions]].

====WIPO Copyright Treaty (WCT) ====

The way that copyright owners reproduce, distribute, and market their works has changed in the digital age. Sound recordings, articles, photographs, and books are commonly stored in electronic formats, circulated via the Internet, and compiled in databases. Unfortunately, the same technologies that enable more efficient storage and distribution have also facilitated widespread copying of copyrighted works. Concerned about the effects of these new technologies, the governments of developed countries advocated for and ultimately secured two treaties: the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty.

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention that entered into force on March 6, 2002. It is the first international treaty that requires countries to provide copyright protection to computer programs and to databases (compilations of data or other material).

The WCT also requires members to prohibit the circumvention of technologies set by rightsholders to prevent the copying and distribution of their works. These technologies include encryption or “rights management information” (data that identify works or their authors and are necessary for the management of their rights).

[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16 Eighty-eight countries are now parties to the WCT].

For more about the WCT [http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html read its text((.link_red))] or read the [[Examination of the WCT]].

====WIPO Performances and Phonograms Treaty (WPPT)====

The WIPO Performances and Phonograms Treaty (WPPT) was signed by the member states of WIPO on December 20, 1996. The WPPT enhances the intellectual property rights of performers and of producers of '''phonograms'''. Phonograms include vinyl records, tapes, compact discs, digital audiotapes, MP3s, and other media for storing sound recordings.

The WPPT grants performers economic rights in their performances that have been fixed in phonograms. It also grants performers moral rights over these performances. By contrast, the producers of phonograms are only granted economic rights in them.

[http://www.wipo.int/treaties/en/ShowResults.jsp?country_id=ALL&start_year=ANY&end_year=ANY&search_what=C&treaty_id=20 Eighty-six countries are party to the WPPT].

For more about the WPPT [http://www.wipo.int/treaties/en/ip/wppt/trtdocs_wo034.html read its text((.link_red))] or consult the [[Examination of the WPPT]].

====The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)====

The TRIPS is an international agreement administered by the WTO that was negotiated and concluded in 1994. A map showing the current membership of the WTO is available [http://en.wikipedia.org/wiki/World_Trade_Organization_accession_and_membership here((.link_red))]. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.

The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' [http://http://en.wikipedia.org/wiki/Moral_rights_(copyright_law) moral rights], which the Berne Convention requires.

The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."

TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional [[information concerning the flexibilities]] of TRIPS for developing nations.

The text of the TRIPS Agreement is available [http://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm here((.link_red))].

====The proposed Anti-Counterfeiting Trade Agreement (ACTA)====

The six multilateral treaties described above may soon be joined by a seventh. In October 2007, the United States, the European Community, Switzerland, and Japan simultaneously announced that they would negotiate a new intellectual property enforcement treaty, the Anti-Counterfeiting Trade Agreement (ACTA). Australia, the Republic of Korea, New Zealand, and Mexico have since joined the negotiations. Several rounds of negotiations have occurred. The participants have stated publicly that they expect to finish negotiations in 2010.

Among other issues, ACTA will contain provisions to address "Internet distribution and information technology," such as authorizing officials to search for illegally downloaded music on personal devices at airports, or forcing Internet Service Providers to provide information about possible copyright infringers without a warrant.

===Regional Agreements===

The multilateral agreements we have just described contain the primary provisions that limit the freedom of each country in shaping its own copyright laws. But some countries also belong to regional organizations that have the power to influence the copyright laws of their members, such as the "'European Union (EU)'", "'African Intellectual Property Organization (OAPI)'" and "'North American Free Trade Agreement (NAFTA)'".

===Free Trade Agreements and Bilateral Investment Treaties===

Multilateral treaties such as TRIPS can provide powerful global protection for copyright holders because they establish minimum standards for protection of copyrights that are binding on large numbers of countries. However, copyright holders sometimes try to obtain even stronger protections through bilateral treaties between countries or organizations of countries. Bilateral treaties on copyright law often address specific issues between the the two parties. Such agreements are commonly known as '''free trade agreements''' (FTAs) or '''Bilateral Investment Treaties''' (BITs).

Typically, such bilateral agreements either narrow the flexibilities that a developing country would enjoy under TRIPS or impose more stringent standards for copyright protection. For example, the U.S. government has included anti-circumvention obligations in its bilateral FTAs with Jordan, Singapore, Chile, Morocco, Bahrain and Oman. Similarly, the European Union has recently negotiated FTAs with developing countries that significantly limit the discretion of those countries in adjusting their copyright laws.

FTAs and BITs are highly controversial. Many scholars and representatives of developing countries regard them as abuses of the power of developed countries. Opponents of proposed FTAs or BITs have sometimes been able to prevent their adoption or modify them.

Click here for more [[Information on FTAs]].

===The Three-Step Test===

Most of the major multilateral, regional, and bilateral agreements use a tool that has come to be known as the “three-step test” to define the freedom of member countries to create “exceptions and limitations” to copyrights. The three-step test was first created in the 1967 revision of the Berne Convention. It provides:

''"It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works [a] in certain special cases, provided that [b] such reproduction does not conflict with a normal exploitation of the work and [c] does not unreasonably prejudice the legitimate interests of the author."''

Most international copyright agreements since then have incorporated versions of this test. For example, versions of the test may be found in the TRIPS Agreement (Article 13), the WCT (Article 10), several of the EU copyright directives, and several bilateral agreements. Indeed, three-step tests may now be found in the national legislation of many countries, including France, Portugal, China, and Australia. Even when national legislation does not explicitly incorporate the test, judges sometimes rely upon it when construing and applying their nation's copyright laws.

== Perspectives For Developing Countries ==

Some observers believe that governments should upgrade and harmonize copyright law globally because it promotes the arts and rewards creators. They argue that granting an exclusive right in creative expression provides a necessary incentive for copyright holders to invest in the creation and distribution of expressive works. This stimulates cultural expression and benefits citizens. Suppression of competition from "pirates," they argue, is necessary to allow local creative industries to flourish.

However, others argue that implementing the same copyright law in all countries has a disproportionate and negative effect on developing countries. Most developed nations have powerful and lucrative entertainment, educational, and research industries that export copyrighted works, and thus benefit from strong copyright law. Developing countries, on the other hand, typically import copyrighted works. Thus, it is argued, the residents of developing countries have to pay more royalties and fees as a result of enhanced copyright protection. It is also argued that restrictive copyright laws prevent many governments from addressing important social needs -- such as providing their citizens with good educations -- because critical information is locked up by the law.

The latter set of arguments have prompted a growing number of groups in developing countries to resist the imposition of the minimum standards of copyright protection set by the TRIPS Agreement and the even harsher duties that are imposed on developing countries by FTAs. They call for a better balance between, on one hand, providing incentives to creators and rewarding their creative activities and, on the other hand, promoting access to knowledge and research in order to spur economic growth and foster innovation in the developing countries.

==[[image:resource.png|50px|]] Additional resources ==

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. (It is also [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10440 prohibitively expensive]). Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

As indicated above, an especially important component of most international copyright agreements is the three-step test. The most comprehensive and accessible examination of the history and meaning of that test may be found in [http://www.ivir.nl/publicaties/hugenholtz/finalreport2008.pdf P. Bernt Hugenholtz & Ruth L. Okediji, Conceiving an International Instrument on Limitations and Exceptions to Copyright: Final Report, March 06, 2008((.link_red))]. Other good analyses of the three-step test available in print but not online include Martin Senftleben, <i>Copyright, Limitations and the Three-Step Test</i> (Kluwer Law Int'l 2004); and Jane C. Ginsburg, "Toward Supranational Copyright Law? The WTO Panel Decision and the "Three Step Test" for Copyright Exemptions," 187 Revue internationale Du Droit D'Auteur 3, 49 (2001).

A thorough review of the principal exceptions and limitations to copyrights recognized by the main multilateral agreements -- combined with a argument for the clarification and expansion of those exceptions and limitations, emphasizing "the importance of access to creative works for developing countries" -- may be found in [http://www.iprsonline.org/unctadictsd/docs/ruth%202405.pdf Ruth L. Okediji, "The International Copyright System: Limitations, Exceptions and Public Interest Considerations for Developing Countries, International Centre for Trade and Sustainable Development and United Nations Conference on Trade and Development," Issue Paper No. 15 (2006)((.link_green))]. Included in Okediji's essay is an excellent discussion of the Berne Convention Appendix.

For a WIPO study more skeptical of the value of those exceptions and limitations, see [http://www.wipo.int/edocs/mdocs/copyright/en/sccr_9/sccr_9_7.pdf WIPO Standing Committee on Copyright and Related Rights, WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment, 9th Session, June 23-27, 2003, WIPO Doc. SCCR/9/7 (April 5, 2003)((.link_green))].

An excellent study of the process of implementing the TRIPS Agreement (including a detailed discussion of the complex processes that led to the revised Bangui Agreement among the OAPI countries) can be found in Carolyn Deere, <i>The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries</i> (Oxford UP 2009). The Introduction, which sketches the argument of the book, is available online [http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=1405224 here((.link_green))].

For up-to-date information concerning the implementation of the EU Information Society Directive by individual countries, including a good bibliography of scholarly studies of the implementation process, see Instituut voor Infomatierecht (IVIR), [http://www.ivir.nl/files/implementation_2001_29_EC/index_eng.html Report on the Implementation of the Information Society Directive] (2008).

==Cases==

The following judicial opinion and summaries of rulings issued in WTO dispute resolution proceedings explore and apply some of the principles discussed in this module:

[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61992J0092:EN:HTML Joined Cases C-92/92 and C-326/92, Phil Collins v Imtrat Handelsgesellschaft mbH; Patricia Im-und Export Verwaltungsgesellschaft mbH and Another v EMI Electrola GmbH (1993)((.link_red))] (Applicability of the EEC Treaty to IP rights)

[http://cyber.law.harvard.edu/people/tfisher/IP/Henry%202001.pdf Sarah E. Henry, "The First International Challenge to U.S. Copyright Law: What Does the WTO Analysis of 17 U.S.C. § 110(5) Mean to the Future of International Harmonization of Copyright Laws Under the TRIPS Agreement?," 20 Penn State International Law Review 301 (2001).((.link_green))] (EU vs. US)

[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1516907 Jan Bohanes & Adrian Emch, "WTO Panel Report on China IPR: A Mixed Result," China Law & Practice, pp. 19-20, March 2009((.link_red))] (US vs. China)
[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

The Requirements for Copyright Protection-JA

2013-01-22T17:29:49Z

Nesson:

[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.

==The Concept of Originality==

Neither the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework#Berne_Convention Berne Convention] nor the [http://cyber.law.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework#The_Agreement_on_Trade_Related_Aspects_of_Intellectual_Property_Rights_.28TRIPS.29 TRIPS Agreement] expressly requires originality for a work to be protected by copyright. However, almost all countries require some level of originality for a work to qualify for copyright protection. Unfortunately, there is no standard international minimum of originality. Each country independently sets the originality standard that a work must meet. In some countries, such as the United States and Canada, originality requires only "independent conception" and a "bare minimum" of creativity. In other countries, such as France, Spain and developing countries influenced by the civil-law tradition, originality is defined as the “imprint of the author’s personality” on the work.

In most countries, the work of authorship need not be novel, ingenious, or have aesthetic merit in order to satisfy the originality requirement. For example, the U.S. Supreme Court in <i>Feist Pulbications v. Rural Telephone Service Co.</i>, 499 U.S. 340 (1991), defined originality as requiring only that the work be independently created by the author and that it possess “at least some minimal degree of creativity.” According to the Court, the “requisite level of creativity is extremely low” and a work need only “possess some creative spark no matter how crude, humble or obvious it might be.”

==The Exclusion of Ideas from Copyright Protection==

Copyright law does not protect ideas or facts. Instead, copyright law only protects the expression of those ideas or facts. The U.S. copyright statute is a typical example. It reads: ''“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”'' (17 U.S.C. Section 102(b)). The Jamaican Copyright Act contains similar language: ''"Copyright protection does not extend to an idea, concept, process, principle, procedure, system or discovery or things of a similar nature."'' (The Copyright Act, Section 6(8)).

The same principle can be found in the major copyright treaties. The Berne Convention, for example, states that protection “shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.” Both the TRIPS Agreement and the WIPO Copyright Treaty (WCT) state that, while expressions are copyrightable, “ideas, procedures, methods of operation or mathematical concepts as such” are not.

Excluding facts and ideas from protection helps to promote the public interest in freedom of speech. Extending copyright protection to ideas or facts would inhibit public debate by allowing copyright holders to control uses of the concepts or information contained in their works. Both political freedom and the progress of knowledge would suffer. In addition, excluding facts and the fundamental building blocks of information (such as the "news of the day") from protection ensures that the basic processes of cultural production are not impaired.

On occasion, an idea and its expression may become indistinguishable. If there is only one way of expressing a particular idea, the idea and the expression of that idea are said to '''“merge.”''' The merger doctrine in copyright law was developed to deal with such cases, removing from the scope of copyright protection those expressions that constitute the only way of communicating an idea. What about situations in which an idea can only be expressed in a limited number of ways? The courts in some countries deal with such situations by granting limited or “thin” copyright protection to those expressions -- in other words, prohibiting only verbatim or virtually identical copying.

==Fixation==

The Berne Convention allows member countries to decide whether creative works must be “fixed” to enjoy copyright. Article 2, Section 2 of the Berne Convention states:

“It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.”

Most countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that the work be “fixed in a tangible medium of expression” to obtain copyright protection. U.S. law requires that the fixation be stable and permanent enough to be “perceived, reproduced or communicated for a period of more than transitory duration.” Similarly, Canadian courts consider fixation to require that the work be “expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.” The Jamaican Copyright Act states that ''"[a] literary, dramatic or musical work shall not be eligible for copyright protection unless it is recorded in writing or otherwise...."'' but is silent as to any fixation requirement for other kinds of creative works. (The Copyright Act, Section 6(2)).

The definition of “fixation” in the United States excludes “purely evanescent or transient reproductions such as those projected briefly on a screen, shown electronically on a television or other cathode ray tube, or captured momentarily in the ‘memory’ of a computer.” Many courts, including those in the United States, have deemed computer programs fixed when stored on a silicon chip. The audiovisual effects of computer games are commonly considered to be fixed because their repetitiveness makes them “sufficiently permanent and stable.”

The requirement of fixation may become problematic when applied to live performances. For instance, U.S. law specifies that a work must be fixed “by or under the authority of the author.” This law produces some surprising results. If a choreographer hires someone to videotape a performance, the choreography of that performance will be protected by copyright. But if copies of a live performance are recorded and distributed without the permission of the choreographer, the choreography would not receive copyright protection because that performance was not fixed under her authority. Countries that grant copyright for works regardless of fixation do not have similar problems.

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) requires all members of the World Trade Organization (WTO) to protect live musical performances. This means that even countries with fixation requirements must enact statutes to ensure the protection of musical performances without fixation. The United States, for instance, enacted a special provision prohibiting the “fixation or transmission of a live musical performance without the consent of the performers, and prohibiting the reproduction of copies or phonorecords of an unauthorized fixation of a live musical performance.” Notice, however, that this provision is limited to “musical” performances and does not apply to other types of performances.

==Owning a Copy vs. Owning a Copyright==

Ownership of a physical copy of a work is separate from copyright ownership in the work. Just because you own a copy of a book doesn’t mean you are free to copy it. The Jamaican Copyright Act states: ''"Copyright shall not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film."'' (The Copyright Act, Section 6(4)).

Ordinarily, when the creator of a work sells or transfers a copy of it to another person, she does not surrender her copyright unless she expressly agrees to do so. So, for example, the writer of a letter or an email message retains the copyright in the letter even after he has sent it to the recipient.

Even though the owner of a physical copy of a copyrighted work may not be entitled to copy it without permission, he or she is usually free to sell or rent it to other people. The rule that creates this privilege is known as the "first sale" doctrine. As we will see, it is subject to certain exceptions involving commercial rental of some types of material.

For the most part, the lawful owner of a copy of a copyrighted work is also free to destroy or mutilate it. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the owner to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."'' Jamaica's Copyright Act recognizes the right of the author of a work to be identified as such, and, subject to some exceptions, prohibits distortion or mutilation of a work. (The Copyright Act, Sections 36(1), 37).

== Additional Resources ==

A good discussion of the concept of originality in copyright law, juxtaposing the versions of the concept used in the US and in the EU, can be found in Software Freedom Law Center, [http://www.softwarefreedom.org/resources/2007/originality-requirements.html Originality Requirements under U.S. and E.U. Copyright Law((.link_green))]

The following judicial opinions explore and apply some of the principles discussed above:

[http://cyber.law.harvard.edu/people/tfisher/1991%20Feist.pdf Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)((.link_red))] (originality)
[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

The Requirements for Copyright Protection-JA

2013-01-22T17:28:45Z

Nesson:

Mindsports Jamaica

2013-01-21T21:49:23Z

Nesson:

[[File:Jamaicamindsportslogo.jpg|right]]

Ascot High School, in Portmore Jamaica, has undertaken a pilot program in conjunction with the Berkman Center to promote engagement by students and supportive parents and teachers with mindsports. Our program encourages chess in schools, supported financially by community benefits at which tournaments in a variety of mindsports are played, including dominoes, draughts, backgammon and poker, with the proceeds from entry fees split fifty fifty between the tournment prize pools and support for the chess program.

Under the overall direction at Ascot of Principal Cedric Murray, rhe program is led by Kevin Wallen, Maurice Ashley and Charles Nesson, Kevin Wallen heads the Jamaica Wrestling Federation and leads the program on the ground at Ascot. Maurice Ashley is a grandmaster of chess, the very first black grandmaster. Charles Nesson is the William F. Weld Professor of Law at the Harvard Law School and Founder of the Berkman Center.
.
Mind sports are strategic games like dominoes, checkers, chess, and Go. Competition embraces disciplined training, cooperation, and fair play in a context that blends elements of arithmetic, algebra, geometry, probability, logic and reasoning. Children learn best in play. The zest to best one’s opponents elegantly reinforces numeracy in a manner that is inevitable, painless and fun.

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Mindsports Jamaica

2013-01-20T19:45:53Z

Nesson:

[[File:Jamaicamindsportslogo.jpg|right]]

Ascot High School, Portmore Jamaica, is undertaken a pilot program teaching mind sports to Jamaican youth. The program is led by Kevin Wallen, Maurice Ashley and Charles Nesson.

Nesson is the William F. Weld Professor of Law at the Harvard Law School and Founder and Faculty Co-Director of the Berkman Center. Ashley is an international chess Grandmaster, author, educator and ESPN commentator who has recently been made a joint fellow at Harvard and at the M.I.T. Media Lab.

The Mindsport Research Network is an outgrowth of their work on the Board of the United States Mind Sports Association. It was founded to study strategic thinking through the study of strategic games, and to enhance cognitive and life skills through curriculum development and play. It fits in well with another initiative Nesson started at Berkman called The Jamaican Project, whose mission is the exploration of restorative justice, prison reform, and Jamaican independence via selfexpression,learning and entrepreneurship.

To that end, Nesson is working with Jamaican native and Berkman fellow Kevin Wallen, and consulting with Dr. Tamika Benjamin of the Ministry of Education to teach mind sports at Ascot High School.

Mind sports are strategic games like dominoes, checkers, chess, and Go. We call them sports —not games— because the matches embrace disciplined training, cooperation, competition and fair play. Children learn best in play; mind sports create an environment where elements of arithmetic, algebra, geometry, probability, logic and reasoning are mastered by doing (as opposed to a rigid classroom system of lecture and rote learning). The zest to best one’s opponents elegantly reinforces numeracy in a manner that is inevitable, painless and fun.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
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Mindsports Jamaica

2013-01-20T19:45:23Z

Nesson:

Mindsports Jamaica

2013-01-20T19:34:11Z

Nesson:

== Course Description ==
[[File:Jamaicamindsportslogo.jpg|right]]

== Introduction to CopyrightX Materials==

===Disclaimer===

===Help Us Improve the Materials===

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
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==[[image:resource.png|50px|]] Additional resources ==

</div>

Mindsports Jamaica

2013-01-20T19:28:48Z

Nesson: /* Course Description */

== Course Description ==
[jamaicamindsportslogo.gif|right]

== Introduction to CopyrightX Materials==

===Disclaimer===

===Help Us Improve the Materials===

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
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</div>

Mindsports Jamaica

2013-01-20T19:26:35Z

Nesson: /* Course Description */

== Course Description ==
[[jamaicaminsportslogo.gif|right]]

== Introduction to CopyrightX Materials==

===Disclaimer===

===Help Us Improve the Materials===

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
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</div>

==[[image:resource.png|50px|]] Additional resources ==

</div>

Mindsports Jamaica

2013-01-20T19:26:04Z

Nesson:

== Course Description ==
[jamaicaminsportslogo.gif|right]]

== Introduction to CopyrightX Materials==

===Disclaimer===

===Help Us Improve the Materials===

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
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</div>

==[[image:resource.png|50px|]] Additional resources ==

</div>

File:Jamaicamindsportslogo.jpg

2013-01-20T19:25:03Z

Nesson:

Mindsports Jamaica

2013-01-20T19:19:32Z

Nesson:

== Course Description ==
[[File:SCH.jpg|right]]

== Introduction to CopyrightX Materials==

===Disclaimer===

===Help Us Improve the Materials===

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

</div>

==[[image:resource.png|50px|]] Additional resources ==

</div>

CopyrightX: Jamaica 2013

2013-01-20T19:14:59Z

Nesson:

== Course Description ==
[[File:SCH.jpg|right]]

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. These are linked below, you can access them by clicking on the topic for a given week.

Our discussion section will meet on Saturday mornings at NMLS in Room 5.

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by Sarah Hsia Hall, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* Week 1: '''[[The_International_Framework_of_Copyright_Law-JA]]''' and '''[[The_Requirements_for_Copyright_Protection-JA]]'''
* Week 2: '''[[Fairness and Personality Theories]]'''
* Week 3: '''[[The_Subject_Matter_of_Copyright]]'''
* Week 4: '''[[Welfare Theory]]'''
* Week 5: '''[[Authorship]]'''
* Week 6: '''[[Copyright_Machinery]]'''
* Week 7: '''[[The Rights to Reproduce and Modify]]''' - '''[[Copyright_Entitlements]]'''
* Week 8: '''[[The Rights to Distribute, Perform and Display]]'''
* Week 9: '''[[Fair Use and Misuse]]''' - '''[[Copyright_Exceptions_and_Limitations]]'''
* Week 10: '''[[Cultural Theory]]''' - '''[[Traditional_Knowledge]]''' '''[[Moral_Rights]]'''
* Week 11: '''[[Supplements to Copyright: Secondary Liability and Para-copyright]]''' - '''[[Copyright_Supplements]]'''
* Week 12: '''[[Remedies]]''' - '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

Mindsports Jamaica

2013-01-20T19:14:14Z

Nesson: Created page with "Jamaica Mindsports"

Jamaica Mindsports

CopyrightX: Jamaica 2013

2013-01-20T19:13:42Z

Nesson:

== Course Description ==
[[File:SCH.jpg|right]]

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. These are linked below, you can access them by clicking on the topic for a given week.

Our discussion section will meet on Saturday mornings at NMLS in Room 5.

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by Sarah Hsia Hall, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* Week 1: '''[[The_International_Framework_of_Copyright_Law-JA]]''' and '''[[The_Requirements_for_Copyright_Protection-JA]]'''
* Week 2: '''[[Fairness and Personality Theories]]'''
* Week 3: '''[[The_Subject_Matter_of_Copyright]]'''
* Week 4: '''[[Welfare Theory]]'''
* Week 5: '''[[Authorship]]'''
* Week 6: '''[[Copyright_Machinery]]'''
* Week 7: '''[[The Rights to Reproduce and Modify]]''' - '''[[Copyright_Entitlements]]'''
* Week 8: '''[[The Rights to Distribute, Perform and Display]]'''
* Week 9: '''[[Fair Use and Misuse]]''' - '''[[Copyright_Exceptions_and_Limitations]]'''
* Week 10: '''[[Cultural Theory]]''' - '''[[Traditional_Knowledge]]''' '''[[Moral_Rights]]'''
* Week 11: '''[[Supplements to Copyright: Secondary Liability and Para-copyright]]''' - '''[[Copyright_Supplements]]'''
* Week 12: '''[[Remedies]]''' - '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

[[Mindsports Jamaica]]

CopyrightX: Jamaica 2013

2013-01-08T02:31:35Z

Nesson: /* Invitation from Sarah Hsai Hall */

== Invitation from Sarah Hsai Hall ==
[[File:SCH.jpg|right]]

Dear all:

Happy New Year!!

I am writing with further details on the section of the Harvard EdX Copyright Course that we are organizing for Jamaica. If, after reading below, you are still interested in the course, please respond to me by email by no later than January 15th indicating your interest, and whether you would prefer to meet on a Saturday (morning or afternoon) or a Sunday (morning or afternoon) at Norman Manley Law School at UWI Mona campus, or on a Thursday or Friday evening at another location to be determined.

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. I will be tailoring these readings for both content and length, to make them relevant and manageable for our group, and will endeavor to make them take not more than 1-2 hours per week.

Our discussion section will meet in person for 1.5 hours weekly, most likely on Saturday or Sunday at NMLS; however, if most people wish to meet on an evening during the week, I can try and accommodate that, but will need to find a different place to meet.

We will break for the Easter holiday. Depending on the recording schedule for the lectures, there may not be a lecture/discussion section available the week of March 18-22, as this is the week of Spring Break for HLS (and the HLS course and other EdX sections will pause for that week).

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by me, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

Lecture topics:
The Foundations of Copyright Law
Fairness and Personality Theories
The Subject Matter of Copyright
Welfare Theory
Authorship
The Mechanics of Copyright
The Rights to Reproduce and Modify
The Rights to Distribute, Perform and Display
Fair Use and Misuse
Cultural Theory
Supplements to Copyright: Secondary Liability and Para-copyright
Remedies

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

Please remember to confirm your interest as soon as possible. Looking forward to meeting you all later this month!

Best,

Sarah

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

CopyrightX: Jamaica 2013

2013-01-08T02:17:39Z

Nesson:

== Invitation from Sarah Hsai Hall ==
[[File:SCH.jpg]]

Dear all:

Happy New Year!!

I am writing with further details on the section of the Harvard EdX Copyright Course that we are organizing for Jamaica. If, after reading below, you are still interested in the course, please respond to me by email by no later than January 15th indicating your interest, and whether you would prefer to meet on a Saturday (morning or afternoon) or a Sunday (morning or afternoon) at Norman Manley Law School at UWI Mona campus, or on a Thursday or Friday evening at another location to be determined.

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. I will be tailoring these readings for both content and length, to make them relevant and manageable for our group, and will endeavor to make them take not more than 1-2 hours per week.

Our discussion section will meet in person for 1.5 hours weekly, most likely on Saturday or Sunday at NMLS; however, if most people wish to meet on an evening during the week, I can try and accommodate that, but will need to find a different place to meet.

We will break for the Easter holiday. Depending on the recording schedule for the lectures, there may not be a lecture/discussion section available the week of March 18-22, as this is the week of Spring Break for HLS (and the HLS course and other EdX sections will pause for that week).

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by me, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

Lecture topics:
The Foundations of Copyright Law
Fairness and Personality Theories
The Subject Matter of Copyright
Welfare Theory
Authorship
The Mechanics of Copyright
The Rights to Reproduce and Modify
The Rights to Distribute, Perform and Display
Fair Use and Misuse
Cultural Theory
Supplements to Copyright: Secondary Liability and Para-copyright
Remedies

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

Please remember to confirm your interest as soon as possible. Looking forward to meeting you all later this month!

Best,

Sarah

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

File:SCH.jpg

2013-01-08T00:59:22Z

Nesson:

CopyrightX: Jamaica 2013

2013-01-08T00:44:45Z

Nesson: /* Invitation for Sarah Hsai Hall */

== Invitation from Sarah Hsai Hall ==
Dear all:

Happy New Year!!

I am writing with further details on the section of the Harvard EdX Copyright Course that we are organizing for Jamaica. If, after reading below, you are still interested in the course, please respond to me by email by no later than January 15th indicating your interest, and whether you would prefer to meet on a Saturday (morning or afternoon) or a Sunday (morning or afternoon) at Norman Manley Law School at UWI Mona campus, or on a Thursday or Friday evening at another location to be determined.

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. I will be tailoring these readings for both content and length, to make them relevant and manageable for our group, and will endeavor to make them take not more than 1-2 hours per week.

Our discussion section will meet in person for 1.5 hours weekly, most likely on Saturday or Sunday at NMLS; however, if most people wish to meet on an evening during the week, I can try and accommodate that, but will need to find a different place to meet.

We will break for the Easter holiday. Depending on the recording schedule for the lectures, there may not be a lecture/discussion section available the week of March 18-22, as this is the week of Spring Break for HLS (and the HLS course and other EdX sections will pause for that week).

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by me, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

Lecture topics:
The Foundations of Copyright Law
Fairness and Personality Theories
The Subject Matter of Copyright
Welfare Theory
Authorship
The Mechanics of Copyright
The Rights to Reproduce and Modify
The Rights to Distribute, Perform and Display
Fair Use and Misuse
Cultural Theory
Supplements to Copyright: Secondary Liability and Para-copyright
Remedies

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

Please remember to confirm your interest as soon as possible. Looking forward to meeting you all later this month!

Best,

Sarah

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

CopyrightX: Jamaica 2013

2013-01-08T00:43:41Z

Nesson:

== Invitation for Sarah Hsai Hall ==
Dear all:

Happy New Year!!

I am writing with further details on the section of the Harvard EdX Copyright Course that we are organizing for Jamaica. If, after reading below, you are still interested in the course, please respond to me by email by no later than January 15th indicating your interest, and whether you would prefer to meet on a Saturday (morning or afternoon) or a Sunday (morning or afternoon) at Norman Manley Law School at UWI Mona campus, or on a Thursday or Friday evening at another location to be determined.

The Jamaican section of this EdX Copyright course endeavors to bring together Jamaican jurists, lawyers, policy makers, and stakeholders from the creative industries to achieve a deeper understanding of the relevance and potential of copyright for Jamaica. Participation will be limited to 10-15 participants to facilitate an in-depth and engaged in-person discussion each week.

The course will be offered over 12 weeks beginning the week of January 28th. The recorded lecture will be available to watch at your convenience online beginning on Tuesday of each week (this will be the same lecture as viewed by HLS students enrolled in the Copyright course). There will also be six "special events" over the course of the semester (guest lectures and panels on Copyright topics) - these will be live streamed on the Internet on certain Wednesdays at 7pm.

There will then be a set of assigned readings each week to prepare for our local discussion section. I will be tailoring these readings for both content and length, to make them relevant and manageable for our group, and will endeavor to make them take not more than 1-2 hours per week.

Our discussion section will meet in person for 1.5 hours weekly, most likely on Saturday or Sunday at NMLS; however, if most people wish to meet on an evening during the week, I can try and accommodate that, but will need to find a different place to meet.

We will break for the Easter holiday. Depending on the recording schedule for the lectures, there may not be a lecture/discussion section available the week of March 18-22, as this is the week of Spring Break for HLS (and the HLS course and other EdX sections will pause for that week).

The course is taught by Professor William (Terry) Fisher, the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School, and Director of the Berkman Center for Internet and Society. Our local section will be led by me, a 2003 graduate of Harvard Law School and Intellectual Property and Entertainment attorney (admitted in NY), with participation from Professor Charles Nesson, Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet and Society.

Lecture topics:
The Foundations of Copyright Law
Fairness and Personality Theories
The Subject Matter of Copyright
Welfare Theory
Authorship
The Mechanics of Copyright
The Rights to Reproduce and Modify
The Rights to Distribute, Perform and Display
Fair Use and Misuse
Cultural Theory
Supplements to Copyright: Secondary Liability and Para-copyright
Remedies

At the end of the course, participants will be asked to complete a brief assignment, the purpose of which is not to test your retention of the material covered, but rather to apply concepts prospectively, to address the issue of the role Copyright can and should play for Jamaica. You will then receive a certificate confirming your participation and successful completion of the course.

Please remember to confirm your interest as soon as possible. Looking forward to meeting you all later this month!

Best,

Sarah

== Introduction to CopyrightX Materials==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

CopyrightX: Jamaica 2013

2013-01-08T00:43:02Z

Nesson:

CopyrightX: Jamaica 2013

2013-01-08T00:39:02Z

Nesson:

== Introduction ==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. The materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

== Placeholder Section Heading #2 ==

Placeholder text.

====Placeholder Section Heading #3====

Placeholder text.

CopyrightX: Jamaica 2013

2013-01-08T00:35:30Z

Nesson:

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. However, students and teachers in other settings might find the materials useful. To assist such users, the materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

Substantial portions or the materials were originally drafted as part of the Copyright for Librarians project, is a joint venture of the [http://cyber.law.harvard.edu/ Berkman Center for Internet & Society] and [http://www.eifl.net/cps/sections/home Electronic Information for Libraries (eIFL)], a consortium of libraries from 50 countries in Africa, Asia and Europe. The goal of that project is to provide librarians in developing and transitional countries information concerning copyright law. Librarians who happen upon this page may find that their needs could be met better by consulting the [http://cyber.law.harvard.edu/copyrightforlibrarians/Main_Page Copyright for Librarians curriculum].

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

== Placeholder Section Heading #2 ==

Placeholder text.

====Placeholder Section Heading #3====

Placeholder text.

CopyrightX: Jamaica 2013

2013-01-08T00:33:56Z

Nesson: /* Placeholder Section heading #1 */

Placeholder introductory text.

<div style="border: 1px solid #ffcc01; padding: .5em 1em; background-color:#ffffff; margin: 3px 3px 1em 3px;">

== Placeholder Section heading #1 ==

This set of materials is designed to provide readers an introduction to the main principles and characteristics of copyright law. It is not a treatise; readers looking for a comprehensive and detailed examination of the copyright system should instead consult the sources listed at the bottom of this page.

The materials are designed to accompany CopyrightX, a free online course taught by [http://www.tfisher.org/ William Fisher] under the auspices of [https://www.edx.org/university_profile/HarvardX HarvardX]. However, students and teachers in other settings might find the materials useful. To assist such users, the materials are licenced under a [http://creativecommons.org/licenses/by/3.0/ Creative Commons Attribution license]. The public at large is encouraged to use, distribute, translate, modify, and build upon these materials, provided that William Fisher and HarvardX are given appropriate credit.

Substantial portions or the materials were originally drafted as part of the Copyright for Librarians project, is a joint venture of the [http://cyber.law.harvard.edu/ Berkman Center for Internet & Society] and [http://www.eifl.net/cps/sections/home Electronic Information for Libraries (eIFL)], a consortium of libraries from 50 countries in Africa, Asia and Europe. The goal of that project is to provide librarians in developing and transitional countries information concerning copyright law. Librarians who happen upon this page may find that their needs could be met better by consulting the [http://cyber.law.harvard.edu/copyrightforlibrarians/Main_Page Copyright for Librarians curriculum].

===Disclaimer===

These materials do not offer legal advice. They provide general information concerning the principles that underlie the copyright system and indicate how various concrete problems are resolved in most countries. They cannot, however, provide reliable guidance concerning how a court in a specific country would respond to a specific set of facts. Thus, if you find yourself coming close to any of the legal boundaries described herein, you should consult a lawyer in your own jurisdiction.

===Help Us Improve the Materials===

We hope to update and refine these materials periodically. To do so, we need help from users. Please let us know if a piece of information contained in a module is incorrect or out of date. If you have suggestions concerning either the content of the modules or the way in which the content is presented, we are eager to hear them. You can make these suggestions in either of two ways. First, if you would like your suggestion to be available to the public, please click on the "Discussion" tab at the top of the page to which your suggestion is relevant. Second, you can simply email us at ____.

<div style="font-size: 105%; font-weight:bold; padding:0.4em; background-color:#ffffcc; border-bottom:1px solid #ffcc00; text-align: center;">Contents</div>
<div style="background:#ffffff; padding:0.2em 0.4em 0.2em 0.4em;">
{| style="border: 0; margin: 0;" cellpadding="3"
| valign="top" |

'''Course Materials:'''
* '''[[The_International_Framework_of_Copyright_Law]]'''
* '''[[The_Requirements_for_Copyright_Protection]]'''
* '''[[The_Subject_Matter_of_Copyright]]'''
* '''[[Alternatives_to_Copyright]]'''
* '''[[Authorship]]'''
* '''[[Copyright_Machinery]]'''
* '''[[Copyright_Entitlements]]'''
* '''[[Copyright_Exceptions_and_Limitations]]'''
* '''[[Moral_Rights]]'''
* '''[[Traditional_Knowledge]]'''
* '''[[Copyright_Supplements]]'''
* '''[[Copyright_Litigation]]'''
* '''[[Glossary]]'''
'''[[Contributors]]'''

</div>

==[[image:resource.png|50px|]] Additional resources ==

The two leading treatises on copyright law in the United States are [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10441 Nimmer on Copyright] and [http://www.amazon.com/Goldstein-Copyright-Paul/dp/0735544859 Goldstein on Copyright].

A thorough discussion of international copyright law may be found in Paul Edward Geller, ed., <i>International Copyright Law and Practice</i> (2 volumes, Matthew Bender), although its coverage of developing and transitional countries is thin. Other useful paper treatises include Paul Goldstein, <i>International Copyright: Principles, Law, and Practice</i> (Oxford University Press) and Silke von Lewinski, <i>[http://ukcatalogue.oup.com/product/9780199207206.do International Copyright Law and Policy]</i> (Oxford University Press 2008).

An excellent compendium of the copyright laws in over 100 countries has been assembled by [http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html UNESCO: Collection of National Copyright Laws].

The [http://www.21coe-win-cls.org/rclip/e_index.html Research Center for the Legal System of Intellectual Property (RCLIP)], in cooperation with the [http://www.law.washington.edu/casrip Center for Advanced Study & Research on Intellectual Property (CASRIP)] of the University of Washington School of Law, is building [http://www.21coe-win-cls.org/rclip/db/search_form.php a comprehensive database of court decisions] involving intellectual property (including copyright law) in every country throughout the world. The database is not yet complete but already constitutes a highly valuable research tool, particularly for Asian countries.

A much shorter discussion of how the scope of copyright law has increased over time may be found in William Fisher, "Geistiges Eigentum - ein ausufernder Rechtsbereich: Die Geschichte des Ideenschutzes in den Vereinigten Staaten," in Eigentum im internationalen Vergleich (Vandenhoeck & Ruprecht, 1999), 265-91 (English version available as: [http://cyber.law.harvard.edu/people/tfisher/iphistory.pdf The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States]).

A more recent and more extended discussion of the same topic is [http://www.thepublicdomain.org/ James Boyle, The Public Domain: Enclosing the Commons of the Mind))] (Yale University Press 2008) (available for free online).

The best commentary on copyright law in general and its scope in particular remains a book published in 1967 by Benjamin Kaplan: [http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=57038 An Unhurried View of Copyright]. Sadly, it is only available in print.

A comprehensive discussion of the aspects of copyright law that affect librarians -- and, in particular, librarians in developing countries -- may be found in the [http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbook-e eIFL Handbook on Copyright and Related Issues for Libraries].

[http://www.economist.com/debate/overview/144 A short debate between Professors William Fisher and Justin Hughes((.link_red))], organized in May 2009 by the Economist magazine, examines the merits and demerits of the copyright system.

A map, prepared by William Fisher, describing the main features of copyright law in the United States and, to a limited extent, other countries, is available [http://cyber.law.harvard.edu/people/tfisher/IP/IP%20Maps.htm here].

</div>

== Placeholder Section Heading #2 ==

Placeholder text.

====Placeholder Section Heading #3====

Placeholder text.