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Hastings Communications and Entertainment Law Journal

Abstract

An aspect of the Internet that contributes to the difficulty in policing copyright infringement is the inherently international nature of the medium. This article will identify some of the more complicated copyright enforcement issues that exist and will also describe some of the current legal devices available to combat international copyright infringement, such as: (1) the Digital Millennium Copyright Act; (2) the European Union Directive on Electronic Commerce; (3) the World Trade Organization and the related Agreement on Trade-Related Aspects of Intellectual Property; (4) the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty; (5) the North American Free Trade Agreement; and (6) Section 301 of the Trade Act of 1974. This article will discuss the potential application of each of these bodies of law to the Internet, their shortcomings when applied to the Internet, and some suggestions as to how the current international system of copyright enforcement might be strengthened in the context of the Internet.

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