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Dispute settlement corner: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: would've or should've? Impaired benefits due to copyright infringement

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  • GROSSMAN, GENE M.
  • MAVROIDIS, PETROS C.
Abstract
This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize ‘the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work’, and another that grants to authors of dramatic and musical works the exclusive right to authorize ‘any communication to the public of the performance of these works’.

Suggested Citation

  • Grossman, Gene M. & Mavroidis, Petros C., 2003. "Dispute settlement corner: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: would've or should've? Impaired benefits due to copyright infrin," World Trade Review, Cambridge University Press, vol. 2(2), pages 233-249, July.
    • Handle: RePEc:cup:wotrrv:v:2:y:2003:i:02:p:233-249_00
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    Cited by:

    1. Bernard M. Hoekman & Petros C. Mavroidis, 2013. "Bite the Bullet: Trade Retaliation, EU Jurisprudence and the Law and Economics of 'Taking One for the Team'," RSCAS Working Papers 2013/32, European University Institute.
    2. Kevin x.d. Huang & Engin Volkan & M. ege Yazgan, 2013. "Nonhomothetic Preferences with Habit Formation in Nondurable and Durable Consumption: Implications for Sectoral Comovement," Vanderbilt University Department of Economics Working Papers 13-00002, Vanderbilt University Department of Economics.
    3. Klimenko, Mikhail & Ramey, Garey & Watson, Joel, 2008. "Recurrent trade agreements and the value of external enforcement," Journal of International Economics, Elsevier, vol. 74(2), pages 475-499, March.
    4. Nuno Limão & Kamal Saggi, 2018. "Size inequality, coordination externalities and international trade agreements," World Scientific Book Chapters, in: Policy Externalities and International Trade Agreements, chapter 11, pages 319-336, World Scientific Publishing Co. Pte. Ltd..
    5. Hartigan, James C., 2018. "Punching out of one's weight class? Cross agreement retaliation in the WTO," International Review of Economics & Finance, Elsevier, vol. 54(C), pages 274-288.

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