The Statute
The URAA was passed after the Uruguay Round of negotiations respecting the General Agreement on Tariffs and Trade (“GATT”). William F. Patry, Copyright and the GATT An Interpretation and Legislative History of the Uruguay Round Agreements Act 1 (1995). The Uruguay Round produced, in addition to other agreements, the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Id. at 2-3. TRIPS art. 14(1) provides: “In respect of a fixation of their performance on a phonogram, performers shall have the possibility of preventing the following acts when undertaken without their authorization: the fixation of their unfixed performances and the reproduction of such fixation.” These rights must persist for at least fifty years from the end of the calendar year in which the fixing or performance took place. TRIPS art. 14(5). The state parties to TRIPS are “free to determine the appropriate method of implementing the provisions of [TRIPS] within their own legal system and practice.” TRIPS art. 1(1).
On December 15, 1993, President Clinton notified the House and Senate of his intent to enter into the Uruguay Round Trade Agreements including TRIPS. Memorandum from President William Jefferson Clinton to the Honorable Al Gore, President of the Senate, dated December 15, 1993 (reprinted in Patry, supra, App. B at B-3-B-6). After the Uruguay Round Trade Agreements had been executed, Congress enacted the URAA. Pub.L. No. 103-465, 108 Stat 4809 (1994). The URAA contains two sections aimed at preventing bootlegging of records. Section 512, codified at 17 U.S.C. § 1101, provides a civil cause of action for a performer whose performance was recorded without her consent, while Section 513, codified at 18 U.S.C. § 2319A, provides criminal remedies to the government.
The Statute
The URAA was passed after the Uruguay Round of negotiations respecting the General Agreement on Tariffs and Trade (“GATT”). William F. Patry, Copyright and the GATT An Interpretation and Legislative History of the Uruguay Round Agreements Act 1 (1995). The Uruguay Round produced, in addition to other agreements, the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Id. at 2-3. TRIPS art. 14(1) provides: “In respect of a fixation of their performance on a phonogram, performers shall have the possibility of preventing the following acts when undertaken without their authorization: the fixation of their unfixed performances and the reproduction of such fixation.” These rights must persist for at least fifty years from the end of the calendar year in which the fixing or performance took place. TRIPS art. 14(5). The state parties to TRIPS are “free to determine the appropriate method of implementing the provisions of [TRIPS] within their own legal system and practice.” TRIPS art. 1(1).
On December 15, 1993, President Clinton notified the House and Senate of his intent to enter into the Uruguay Round Trade Agreements including TRIPS. Memorandum from President William Jefferson Clinton to the Honorable Al Gore, President of the Senate, dated December 15, 1993 (reprinted in Patry, supra, App. B at B-3-B-6). After the Uruguay Round Trade Agreements had been executed, Congress enacted the URAA. Pub.L. No. 103-465, 108 Stat 4809 (1994). The URAA contains two sections aimed at preventing bootlegging of records. Section 512, codified at 17 U.S.C. § 1101, provides a civil cause of action for a performer whose performance was recorded without her consent, while Section 513, codified at 18 U.S.C. § 2319A, provides criminal remedies to the government.
การแปล กรุณารอสักครู่..
![](//thimg.ilovetranslation.com/pic/loading_3.gif?v=b9814dd30c1d7c59_8619)