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The Berne Convention was intended to be regularly revised, but we've now gone almost half a century with no substantive change - and it is looking increasingly unlikely to ever be changed again. But as the world radically transforms around it, Berne’s superseded structures continue to be locked in and given teeth by TRIPS. This chapter explores the practical extent of that lock-in, and provocatively argues that we may soon reach a point where rational countries choose to take Berne’s ‘front door out’: to exercise their rights to domestically depart from its minima to reach a more satisfactory copyright bargain for their authors and the broader public.
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