The Introduction further analyzes cross-border cases.

The E.C. chapter treats new regulative and judicial rulings: most notably, the right of communication to the public was held to apply to transmitting protected materials into hotel rooms.

and significantly revised their copyright statutes in implementing the E.C. “Information Society” directive.

Key Legislation:

o        revised anti-circumvention provisions, exceptions, and remedies.

o        revised its resale-royalty scheme.

o        issued regulations on internet enforcement and related exceptions and guidelines specifying criminal sanctions.

o        revised rules on government works, resale royalties, anti-circumvention, exceptions, and criminal sanctions.

o        revised its resale-royalty scheme and has other revisions pending.

o        revised its resale-royalty scheme and administrative sanctions in some cases.

o        Hong Kong has a bill on parallel imports, rental rights, performers' rights, etc.

o        has a full revision under study.

o        revised its resale-royalty scheme and amplified remedies.

o        expanded remedies and exceptions, including licenses for simultaneous transmissions.

o        revised provisions on neighboring rights, the communication right, exceptions, remedies, etc.

o        The introduced a resale-royalty scheme.

o        revised its resale-royalty scheme.

o        revised formulations of rights, the anti-circumvention scheme, exceptions, and remedies.

o        has revisions under study.

o        The revised some remedies.

Key Case Law:

In Argentina, consent to display was held implicit in the sale of art works.

In Australia, indirect liability was imposed for links to infringing files.

In Belgium, a search engine was found to infringe by making news articles public.

In Brazil, criteria of protectability, of moral rights, and of liability were clarified.

In Canada, claims in journalists' works, compiled electronically, were disentangled.

In China, courts split on the liability of a search engine for links to infringing files.

In France, E.C. and wartime term extensions were coordinated, and case on the sequel to Les Miserables was remanded.

In Germany, acts facilitating downloads of infringing materials were enjoined.

In Greece, a joint author's refusal to agree to a transfer of rights was rejected.

In Hong Kong, transshipment of infringing goods did not distribute copies.

In Hungary, private copying from infringing copies was considered illicit.

In India, damages were restricted to the amount claimed in the complaint.

In Israel, orders to disclose Internet posters turned on weighing many factors.

In Italy, courts refined criteria for protecting maps, titles, designs, etc., and sanctioned linking to infringing materials.

In Japan, a collecting society obtained restitution of royalties mistakenly paid out.

In the Netherlands, the scent of a perfume was protected by copyright.

In Poland, rules allocating remuneration to designated film authors were overturned.

In Spain, Gaudi's church, the Sagrada Familia, was protected against virtual recreation on audiovisual CDs.

In Switzerland, copyright was not protected in jewelry made of a ball bearing.

In the United Kingdom, the court applied a balancing test in finding that the Da Vinci Code did not infringe.

In the United States, criteria were refined concerning state and federal claims, reversions of rights, foreign publication without notice, and linking as infringement.

International Copyright Law and Practice, Release 19 (September 2007)