11 Fordham Intell. Prop. Media & Ent. L.J. 601 (2000-2001)
A Balance of Interests: The Concordance of Copyright Law and Moral Rights in the Worldwide Economy

handle is hein.journals/frdipm11 and id is 609 raw text is: A Balance of Interests: The Concordance
of Copyright Law and Moral Rights in
the Worldwide Economy
Michael B. Gunlicks*
INTRODUCTION
Modem copyright law is facing an unprecedented challenge.
The combined and interrelated forces of technological progress and
globalization have created a communications revolution whose end
and ultimate direction are impossible to predict. These forces will
require national governments to work ever closer to ensure that the
rights of authors, publishers, and the public are adequately
protected and that the incentive to create and distribute works of
authorship is not harmed by unauthorized reproduction and use of
these works.'
The United States has recognized this challenge. Over the past
30 years, it has worked aggressively to bring its laws into greater
conformity with those of other nations in order to secure for
American authors the highest level of international protection.2
Unfortunately, the path to greater international cooperation in
the future is blocked by a philosophical divide between the United
States and continental Europe.3      The United States is the most
Associate, Spotts Fain Chappell & Anderson, P.C. The College of William &
Mary, B.A., 1990; George Washington University Law School, J.D. 1995; The Europa
Institut, University of the Saarland, LL.M. 1998. The author wishes to thank Spotts Fain
Chappell & Anderson, P.C., the law library of the University of Richmond, and the
faculty of the Europa Institut for their support in the preparation of this article.
See Copyright Treaty, Geneva, Dec. 20, 1996, preamble, 36 I.L.M. 65, 68 (1997)
(Recognizing the need to introduce new international rules and clarify the interpretation
of certain existing rules in order to provide adequate solutions to the questions raised by
new economic, social, cultural and technological developments.).
2 See 3 MELVILLE B. & DAVID NIMMER, NIMMER ON COPYRIGHT § 9.01 (1998)
(stating that the motivation behind increased protections for foreign works was to benefit
American authors by keeping U.S. law in line with the laws of its principle trading
partners). The United States has progressively adjusted its law over the past 30 years to
increase protections for foreign authors in America in the hope and expectation that this
would lead to greater protection for American works abroad. Id. In furtherance of this
aim the U.S. has acceded to the Geneva Copyright Treaty. Id.
See Stig Str6mholm, Copyright: National and International Development, in 14
INTERNATIONAL ENCYCLOPEDIA OF COMPARATIVE LAW ch. 2, 3-22 (1990) [hereinafter

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