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Books > Law > International law > Public international law
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Retransmission and US Compliance with TRIPS (Hardcover, 2003 Ed.)
Loot Price: R6,315
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Retransmission and US Compliance with TRIPS (Hardcover, 2003 Ed.)
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This book seeks to answer one central question: do the U.S. cable
and satellite retransmission statutory licenses comply with the
TRIPs minimum standard? As with all legal problems, the resolution
of ambiguity provides the challenge--and the interest. In this
regard, by far the greatest ambiguity is created by the use of the
term "equitable renumeration" in the TRIPs retransmission norm.
Resort will be had to not only the drafting history of the TRIPs
incorporated Berne Convention article, but also to the discipline
of economics and to the field of restitutionary monetary awards in
common law countries, to seek to provide a meaning for that term.
This book is unique in so far as it purports to undertake to
provide an analysis whereby a TRIPs compliance issue is considered
fully at a theoretical level in an attempt to provide an answer. In
so doing, it is hoped that the analysis will provide a methodology
for the consideration of the compliance of national laws with
intellectual property treaty obligations, which is of use to anyone
who may wish to consider such compliance issues in the future.
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