ArticlesVolume 41, No. 3 (2018)

The International Framework for the Protection of Authors: Bendable Boundaries and Immovable Obstacles

Sam Ricketson

Professor of Law, University of Melbourne. Visiting professor, Columbia Law School, October 2017.

Abstract

This Article is concerned with the international framework within which authors’ rights in their works are protected and exploited.  It is not about brave new worlds that might exist outside or beyond this framework where rights and usages are reconceived and restructured on some totally new basis, but instead with what that framework presently allows and facilitates.1  The Article is therefore pragmatic in its approach, simultaneously seeking to expose the potential flexibilities and gaps within the international framework that may enable the realization of some, at least, of the objectives of those who would seek to reform and reformulate copyright laws.  Indeed, it may be that there is a brave new world for the protection of authors’ rights that is embedded within the interstices of the present international framework just waiting to be uncovered and realized.

© 2018 Ricketson.  This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction, provided the original author and source are credited.

  1. See, e.g., What If We Could Reimagine Copyright? (Rebecca Giblin & Kimberlee Weatherall eds., 2017); David J. Gervais, (Re)Structuring Copyright:  A Comprehensive Path to International Copyright (Elgar Monographs in Intell. Prop. L. ed., 2017).