Conclusion.

JurisdictionUnited States
Date01 January 2007
AuthorBarbosa, Roberto Garza

Copyright and neighboring rights exist because there is a public purpose behind them. This public purpose is derived from the will of each country's legislature to promote the creation of useful works. (271) For the purposes of this Article, it has been assumed that this is the best justification for copyright law. However, the proposed mechanism is applicable whatever normative justification is taken.

The territorial nature of copyrights has led to the development of international treaties containing national treatment principles and minimum standards of protection. Those international treaties were written, not because there is a natural universal copyright, but because those conventions were useful for achieving the basic principle and purpose of copyright: the promotion of new works. By...

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