A Future of International Copyright? Berne and the Front Door Out

Forthcoming in Graeme Austin, Andrew Christie, Andrew Kenyon and Megan Richardson (eds) Across Intellectual Property: Essays in Honour of Sam Ricketson ((Cambridge University Press, 2019)

13 Pages Posted: 8 Apr 2019

See all articles by Rebecca Giblin

Rebecca Giblin

Monash University - Faculty of Law

Date Written: March 12, 2019

Abstract

The Berne/TRIPS treaty pairing locks most of the world into outdated and effectively unamendable copyright structures. But members don't have to comply with the treaties when it comes to their own nationals. In this paper, I argue that the future of international copyright might involve taking the 'front door out' - domestically departing from Berne/TRIPS minima to implement reforms that would reclaim currently lost value for authors and simultaneously improve access to knowledge and culture.

'So here we are, a quarter of a century after TRIPS was agreed, almost half a century since Berne’s last substantive revision, and still using those same old bottles. As they detonate around us, the occasion of Sam’s Festschrift seems the ideal occasion to ask: just what are we going to do with all this wine?'

Keywords: Berne Convention, TRIPS, copyright, authors rights, formalities, international

Suggested Citation

Giblin, Rebecca, A Future of International Copyright? Berne and the Front Door Out (March 12, 2019). Forthcoming in Graeme Austin, Andrew Christie, Andrew Kenyon and Megan Richardson (eds) Across Intellectual Property: Essays in Honour of Sam Ricketson ((Cambridge University Press, 2019). Available at SSRN: https://ssrn.com/abstract=3351460

Rebecca Giblin (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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