Re: Self-Executing Status of WIPO Copyright Treaty

Further path of inquiry...

On Tue, 22 Jun 1999, Paul Geller <pgeller[_at_]law.usc.edu> wrote:
>
> On Mon, 21 Jun 1999, Larry Helfer <larry.helfer[_at_]lls.edu> wrote:
> >
> > On Fri, 18 Jun 1999, Paul Geller <pgeller[_at_]law.usc.edu> wrote:
> > >
> > > On Thu, 17 Jun 1999, Larry Helfer <larry.helfer[_at_]lls.edu> wrote:
> > > >
> > > > Does anyone know whether the Senate, the Congress or the President
> > > > ever took a position on whether the 1996 WIPO Copyright Treaty is
> > > > or is not self-executing?
> > >
> > > However, if it can be argued that the legislation fully implements
> > > the treaty terms, then it can also be argued that the courts have
> > > no need to apply the treaty terms directly, thus mooting the issue
> >
> > Paul, I agree with your analysis. I'm simply surprised that US
> > officials didn't follow recent past practice (i.e. Berne and TRIPs,
> > human rights treaites) and make an unequivocal statement that the
> > treaty is not self executing.
>
> As I point out in my response to Seth, there are other complications.

I'm told that there is a Judiciary Committee "Print" possibly with language expressing the Congressional intent to short-circuit any self-executing terms in the WIPO Treaties, but I've not seen it.

     Paul Geller
http://www-bcf.usc.edu/~pgeller/
<pgeller[_at_]law.usc.edu> Received on Wed Jun 23 1999 - 23:32:57 GMT