Kara Sears
Copyright laws vary from country to country, and there is no international copyright that automatically protects an individual's work worldwide. Each country has its own unique copyright laws that govern intellectual property within that country. While the US has copyright relations with most countries, it does not have such relationships with every country. The US is a signatory to several international copyright treaties and conventions, including the Berne Convention, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. These treaties aim to ensure uniformity among member states and provide obligations for countries to implement in their national laws. The protection of a US copyright in another country depends on the national laws of that country and whether the US and that country are signatories to the same copyright treaties.
| Characteristics | Values |
|---|---|
| Does US copyright law apply worldwide? | No. Each country has its own unique copyright laws that govern intellectual property. |
| Automatic protection in other countries | No. The automatic protection of original works of authorship under US national copyright law may not extend to other countries that have different copyright laws and norms. |
| International copyright protection | International copyright conventions and treaties establish obligations for treaty member countries to adhere to and implement in their national laws. |
| US copyright protection in other countries | The Berne Convention and the GATT treaty allow US authors to enforce their copyrights in most industrialized nations. |
| Foreign copyright protection in the US | The Berne Convention and the GATT treaty allow the nationals of most industrialized nations to enforce their copyrights in the US. |
What You'll Learn
US copyright laws outside the US
US copyright laws do not apply worldwide. Each country has its own unique copyright laws that govern intellectual property within its borders. This means that a copyright held in the US may not be valid in other countries.
However, several international copyright treaties and conventions, such as the Berne Convention, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty, ensure that US authors can enforce their copyrights in most industrialised nations, and nationals of those nations can enforce their copyrights in the US. These treaties and conventions establish obligations for member countries to adhere to and implement in their national laws, providing more certainty and understanding about the levels of copyright protection in different countries.
The US Copyright Office's Office of Policy and International Affairs assists with critical policy functions, including domestic and international policy analyses, legislative support, and trade negotiations.
While copyright protection rules are fairly similar worldwide, there are some differences. For example, the duration of copyright and the material subject to copyright protection can vary between countries. Therefore, it is advisable to consult an attorney versed in the laws of a particular country before seeking protection for US work there.
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International copyright treaties
International copyright law is based on treaties, which attempt to ensure uniformity among member states. While no creative work is automatically protected worldwide, there are international treaties that provide protection for all creative works as soon as they are fixed in a medium.
The Berne Convention for the Protection of Literary and Artistic Works is the main international copyright treaty. Signed in 1886, it requires that protection for all creative works in a fixed medium be automatic and last for at least 50 years after the author's death. The convention also includes the rule of the shorter term, which states that the term of protection should not exceed the term fixed in the country of origin of the work. The US is a signatory to the Berne Convention.
The Universal Copyright Convention (UCC) is another key international copyright treaty.
The Buenos Aires Convention was signed by most North and South American countries. It allows for the protection of all creative works as long as they contain a notice that the creator claims copyright on it. The Buenos Aires Convention also includes the rule of the shorter term. All Buenos Aires countries are now also parties to the Berne Convention.
The World Intellectual Property Organization (WIPO) has also established several treaties, including the WIPO Copyright Treaty (WCT), and the WIPO Performances and Phonograms Treaty (WPPT), both established in 1996.
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Copyright duration
The duration of a copyright depends on when the work was created. For works created on or after January 1, 1978, copyright subsists from its creation and endures for a term consisting of the life of the author and 70 years after the author's death. In the case of a joint work prepared by two or more authors who did not work for hire, the copyright endures for a term consisting of the life of the last surviving author and 70 years after the last surviving author's death.
In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. If, before the end of such a term, the identity of one or more of the authors of an anonymous or pseudonymous work is revealed, the copyright in the work endures for the term specified above, based on the life of the author or authors whose identity has been revealed.
For works created before 1978, the copyright duration rules are complicated. The maximum copyright duration for works published or registered before 1978 is 95 years from the date of publication, if copyright was renewed during the 28th year following publication. Copyright renewal has been automatic since the Copyright Renewal Act of 1992.
For works created before 1978 but not published or registered before 1978, the standard copyright duration of 70 years from the author's death also applies. Prior to 1978, works had to be published or registered to receive copyright protection. However, Congress intended to provide an incentive for these authors to publish their unpublished works. To provide that incentive, these works, if published before 2003, would not have their protection expire before 2048.
All copyrightable works published in the United States before 1929 are in the public domain; works created but not published or copyrighted before January 1, 1978, may be protected until 2047. For works that received their copyright before 1978, a renewal had to be filed in the work's 28th year with the Copyright Office for its term of protection to be extended. The need for renewal was eliminated by the Copyright Renewal Act of 1992, but works that had already entered the public domain by non-renewal did not regain copyright protection. Therefore, works published before 1964 that were not renewed are in the public domain.
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What is subject to copyright protection
US copyright law grants protection for "
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. This distinction is called the idea–expression dichotomy, which is fundamental to copyright law.
The following types of works are subject to copyright protection:
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Audiovisual works, such as TV shows, movies, and online videos
- Sound recordings and musical compositions
- Written works, such as lectures, articles, books, and musical compositions
- Video games and computer software
- Dramatic works, such as plays and musicals
- Visual works, such as paintings, posters, and advertisements
Copyright protection is available to both published and unpublished works.
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Copyright registration
The US Copyright Office handles copyright registration and requires a deposit copy of the work for which registration is sought. This deposit serves two purposes: it helps the owner prove that the infringed material is the same as the registered material, and it helps the Library of Congress build its collection of works.
While copyright is automatic in the US, registration is still important and provides legal advantages. For instance, registration is required before an infringement suit can be filed in a US court, and the holder must register their work before they can claim statutory damages in most cases.
The US is a signatory to several international copyright treaties and conventions, including the Berne Convention, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty. These treaties establish obligations for member countries to implement in their national laws, providing more certainty and understanding about the levels of copyright protection in different countries.
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Frequently asked questions
No, US copyright law does not apply worldwide. Each country has its own unique copyright laws that govern intellectual property within that country. The US has copyright relations with most countries, and as a result of these agreements, they honour each other's citizens' copyrights. However, the US does not have such relationships with every country.
To determine the protection that a work has within a country that has not signed a treaty with the US, you will need to consider the copyright laws of that nation. The US is a member of several treaties, including Berne, NAFTA, GATT, WIPO, and TRIPS, and so US law follows the requirements of these treaties.
Countries other than the US recognise the protection of an author's moral rights, in addition to those listed in US Title 17 Section 106. Moral rights recognise the author's parental and dignitary rights, associated with the author's right to control what others do to their works or how their name is used. The fair use defence to copyright infringement under US copyright law is also much broader than international fair use provisions.
Copyright protection rules are fairly similar worldwide, due to several international copyright treaties. The most important of these is the Berne Convention, which all member countries must afford copyright protection to authors who are nationals of any member country.
