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5 Bus. L. Rev. 1 (1984)

handle is hein.kluwer/blr0005 and id is 1 raw text is: Editor Ruth Eldon BA January 1984 Vol 5 No 1 Editorial Advisory Board Roy M Goode OBE LLD Crowther Professor of Credit and Commercial Law, and Director of the Centre for Commercial Law Studies, Queen Mary College, University of London; Solicitor L C B Gower Former Vice-Chancellor and Professor of Law, University of Southampton; Special Research Adviser to the Department of Trade; Solicitor Frances Graupner MA(Oxon) Solicitor with the Rio Tinto-Zinc Corporation Plc E R Hardy Ivamy LLB PhD LLD Professor of Law in the University of London; Barrister Richard Mallows Solicitor Hubert Picarda BCL MA Barrister Norman Selwyn JP LLM Dip Econ(Oxon) ACIS Lecturer in Law at the Management Centre, University of Aston; Barrister Kenneth R Simmonds Professor of International Law in the University of London Keith Walmsley LLB FCIS Solicitor in Commerce and Industry Editorial Copyright Control The major problem for copyright owners lies in enforcement of their otherwise powerful and long-lived rights. Even within the UK, enforcement can be difficult enough, as those engaged in combating video piracy know to their cost. But the problem is an international one, and infringing goods can be made in one distant country and put on the market in another distant couintry where the laws, even if they exist, may be very difficult to enforce. In some instances the very basis of copyright itself is challenged. The Economist Intelligence Unit has published a useful report on Copyright and Related Rights,' which explains both the UK law and the outlines of the various international conventions which exist to assist copyright owners to protect their works, the provisions of which, to be effective, have to be incorporated into the laws of the signatory states. It also reviews the attitude of developing countries towards copyright control. Copyright control enshrines a monopoly, and to some developing countries it constitutes an impediment to their own development: it requires them directly or indirectly to pay copyright royalties, at a stage in their development when they have little copyright material of their own on which to earn income. Some governments have even encouraged copyright infringement because the industry it produces is good for the economy. As countries develop so copyright control tends to become more established. But even in highly developed economies copyright law is often inadequate. The 1956 Copyright Act was passed before technological developments led to widespread photocopying; before either mass or private reproduction of sound and video tapes was contemplated; and before the computer revolution was upon us. The Act needs updating, but progress is slow. Pressures have led to items of specific legislation being passed in an attempt to deal with the grosser abuses of video tape piracy, and to the courts interpreting the existing law to protect computer software. The valuable Anton Piller procedure has been devised and developed, and international co-operation between copyright owners has increased to deal with the increasingly international business of infringement. With patent rights copyright control is an essential protection given to creativity, but it needs to be relevant to modern needs. The EIU report, whilst lacking a discussion of the industrial application of copyright drawings, is a useful guide to the protections available to the owners of copyright both in the UK and through the web of international conventions and agreements which exist to help an owner control the use of his copyright work. 1Available from the EIU, Spencer House, 27 St James's Place, London SWIA INT. Price £55. Business Law Review Contents In Perspective Banking Law Marine Insurance New Institute Cargo Clauses 5 Company Law Chinese Joint Ventures Four Years On 7 Commercial Law Collection of Commercial Debts in France 21 Data Protection Data Protection Bill: Data Protection Under the European Convention 23 City Newsletter Infobank Australian Newsletter American Newsletter Book Reviews Editorial Office Graham & Trotman Limited Sterling House 66 Wilton Road London SWIV IDE Telephone 01-821 1123 Contributions and letters for publication, which should be typed, are welcomed, and should be sent to the Editor at the above address. Subscription Office Graham & Trotman Limited Sterling House 66 Wilton Road London SW1V IDE Telephone 01-821 1123 Subscription January-December 1984 £80 post inclusive, inland £85 air assisted mail Advertisement Manager Penny Cullen on 01-821 1123 Copyright' 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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