International Copyright Law: Us Influence And Global Reach

Copyright law is a complex and ever-evolving area of intellectual property law, with nuances arising from the territorial nature of its application. While the internet has facilitated the instantaneous global distribution of creative works, copyright protection remains subject to the laws of each individual country. This means that an author's copyright in one country may not be valid in another, giving rise to the question: does US copyright law apply internationally?

International copyright conventions and treaties

International copyright law is based on treaties, and no work will be protected by statute in every country of the world. Several key international treaties attempt to ensure uniformity among member states. The US is a member of several treaties, including Berne, NAFTA, GATT, WIPO, and TRIPS, and US law follows the requirements of these treaties.

The Berne Convention of 1971 is the main copyright treaty designed to protect literary and artistic works. Its provisions are largely the same as those found under US copyright law. The convention requires protection for all creative works in a fixed medium to be automatic and to last for at least 50 years after the author's death for any work except for photographic and cinematographic works. Photographic works are tied to a minimum of 25 years. Cinematographic works are protected for 50 years after the first showing or 50 years after creation if it has not been shown within 50 years after creation. The Berne Convention also allows for the rule of the shorter term, stating that the term of protection shall not exceed the term fixed in the country of origin of the work. Not all countries have applied this rule, however.

The Universal Copyright Convention (UCC) is another important international copyright treaty. The Buenos Aires Convention (Third Pan-American Convention) was also a treaty signed by most North and South American countries, which allowed for the protection of all creative works as long as they contained a notice informing that the creator claimed copyright on it. The Buenos Aires Convention also instituted the rule of the shorter term, where the length of the copyright term for the work in a country was whichever was shorter—the length of the term in the source country or the protecting country of the work. All Buenos Aires countries are now also parties to the Berne Convention, but elements from Buenos Aires are still used in the modern era, such as the rule of the shorter term.

The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) are two more WIPO Internet Treaties. The WCT provides additional protection for rental rights and similar restrictions to those in the Digital Millennium Copyright Act (DMCA). The WPPT ensures that the protection of the WIPO treaty applies to all TRIPS states, such as those protecting computer software and databases.

The Office of Policy and International Affairs (PIA)

The PIA's scope of work includes providing legislative support to the U.S. Copyright Office and facilitating trade negotiations. This involves representing the U.S. Copyright Office in meetings with government officials, particularly those discussions pertaining to the international dimensions of intellectual property protection. The PIA is responsible for offering technical advice and guidance to Congress and its committees, ensuring they are well-supported in their legislative endeavours.

Furthermore, the PIA is actively engaged in treaty discussions and negotiations. They play a key role in interpreting and applying international copyright conventions and treaties, which are designed to establish obligations for member countries to uphold and implement in their respective national laws. This work enhances the clarity and understanding of copyright protection standards across different nations.

The PIA's expertise in copyright law and policy is invaluable in navigating the complex landscape of international copyright relations. Their contributions ensure that the U.S. Copyright Office remains informed and effective in its decision-making, legislative processes, and adherence to international agreements. The PIA's efforts ultimately help safeguard the intellectual property rights of creators and copyright holders, fostering a more predictable and secure environment for creative endeavours.

The Berne Convention

The assembly drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known as the Berne Convention. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms.

The WIPO Copyright Treaty

US copyright law does not apply internationally. Copyright protection depends on the national laws of the country where protection is sought. However, international copyright conventions and treaties have been established to provide more certainty and understanding about the levels of copyright protection in different countries. One such treaty is the WIPO Copyright Treaty (WCT).

The WCT provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties. It emphasizes the incentive nature of copyright protection, claiming its importance to creative endeavours. The WCT ensures that computer programs are protected as literary works (Article 4) and that the arrangement and selection of material in databases are protected (Article 5).

The WCT grants authors of literary and artistic works the exclusive right to authorize the making available to the public of the original and copies of their works through sale or other transfers of ownership (Article 6). It also gives authors the exclusive right to authorize commercial rental to the public of the originals or copies of their works (Article 7). Additionally, the WCT prohibits the circumvention of technological measures for the protection of works (Article 11) and the unauthorized modification of rights management information contained in works (Article 12).

The WCT has been criticized for being too broad and for applying a "one size fits all" standard to all signatory countries, despite their differing stages of economic development and knowledge industry. In the United States, the WCT is implemented through the Digital Millennium Copyright Act (DMCA).

The WIPO Performances and Phonograms Treaty

• Performers (actors, singers, musicians, etc.)
• Producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds)

The treaty outlines the rights and protections afforded to these beneficiaries, including moral and economic rights for performers, and the right of reproduction, distribution, rental, and making available of phonograms for producers. It also establishes an assembly, known as the WPPT Assembly, and outlines the eligibility requirements and obligations for becoming a party to the treaty.

The WPPT is administered by the World Intellectual Property Organization (WIPO) and was open for signature until December 31, 1997. As of that date, it had been signed by 50 states and the European Communities. The treaty entered into force three months after 30 instruments of ratification or accession were deposited with the Director-General of WIPO.

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