International Copyright Basics
What is an International Copyright?
There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions which have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions:
- Berne Union for the Protection of Literary and Artistic Property (Berne Convention), and
- Universal Copyright Convention (UCC).
The Berne Convention and UCC
The United States became a member of the Berne Convention on March 1, 1989. It has been a member of the UCC since September 16, 1955. Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Union country may claim protection under them.
There are no formal requirements in the Berne Convention. Under the UCC, any formality in a national law may be satisfied by the use of a notice of copyright in the form and position specified in the UCC. A UCC notice should consist of the symbol © (C in a circle) accompanied by the year of first publication and the name of the copyright proprietor (example: © 1995 John Doe). This notice must be placed in such manner and location as to give reasonable notice of the claim to copyright.
Since the Berne Convention prohibits formal requirements that affect the "exercise and enjoyment" of the copyright, the U.S. changed its law on March 1, 1989 to make the use of a copyright notice optional. U.S. law however, still provides certain advantages for use of a copyright notice; for example, the use of a copyright notice can defeat a defense of "innocent infringement."
Even if the work cannot be brought under an international convention, protection may be available in other countries by virtue of a bilateral agreement between the U.S. and other countries or under specific provision of a country's national laws.
Next Steps for an Author: Learn the Specifics of Each Country
An author who wishes copyright protection for his or her work in a particular country should first determine the extent of protection available to works of foreign authors in that country. If possible, this should be done before the work is published anywhere, because protection may depend on the facts existing at the time of first publication.
There are some countries that offer little or no copyright protection to any foreign works. For current information on the requirements and protection provided by other countries, it may be advisable to consult an expert familiar with foreign copyright laws. The U.S. Copyright Office is not permitted to recommend agents or attorneys or to give legal advice on foreign laws.
Get Legal Help with Your International Copyright
Berne Convention got you confused? Not to worry. An experienced intellectual property attorney can lead you in the right direction with your international copyright. Contact a lawyer familiar with international copyrights today.
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