An appraisal of the Protection of Copy Right under International Law

Abstract

An appraisal of the Protection of Copy Right under International Law G. N. Okeke1* and Kennet Uzor2 1Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State, Nigeria. 2Aba, Abia State, Nigeria. Received 19 April 2013, Accepted 24 May 2013, Published April 2014 The increasing number of creators who publish their works has led to an increase in copyright violations and a pressure on copyright legislation. It is herein argued that as copyright becomes prohibitive, social norms, domestic cultural and economic diversity consideration as well as the values of the copyright holder tend to dominate so that using domestic norms to generate international norms would more easily permit attention to issues raised by new technology, and can thus supply the dynamism missing from classical public international law making. The generation and distribution of knowledge should conventionally be viewed as the central purpose of the grant of copyright protection. This is because copyright is an incentive that, properly calibrated, can positively affect the creation and availability of knowledge. Also, canvassed herein is the need for an upward review of copyright term to afford copyright holders and their heirs more time to reap the fruits of their efforts. Such review will at the same time boost the economy of a nation. The Private international litigation, if configured to reduce application of purely national norms, might make a beneficial contribution to internationalization in ways that are dynamic, more balanced, and more respectful of national differences. The Berne Convention must therefore, seek to balance two competing objectives: providing copyright protection on an international scale, and a respect for cultural and economic diversity. It is submitted that since the Berne Convention, the world has greatly changed giving rise to the need for an upward review of copyright duration. The purpose of the Copyright term extension is to ensure adequate copyright protection for copyrighted works by extending the term of copyright protection for at least an additional 20 years. Key