Anaya Nolan
Copyright law is not universal and is instead based on treaties, which means that no work is protected by statute in every country. Several key international treaties attempt to ensure uniformity among member states, such as the Universal Copyright Convention (UCC) and the Berne Convention. The UCC was created in 1952 as an alternative to the Berne Convention, which protects literary and artistic works. The UCC was developed to act as a bridge between the world's different legal and social systems, fostering respect for the rights of creators and encouraging the international circulation of literary, scientific, and artistic works.
| Characteristics | Values |
|---|---|
| Basis of copyright law | International treaties |
| Protection of work | Depends on the national laws of the country where protection is sought |
| Treaties | Berne Convention, NAFTA, GATT, WIPO, TRIPS |
| International treaties | Attempt to ensure uniformity among member states |
| Universal Copyright Convention (UCC) | Drawn up in 1952 under UNESCO |
| UCC | Recognizes copyright as a human right |
| UCC | Serves as a bridge between different legal and social systems |
| Berne Convention | Requires protection based on creation |
| UCC | Provides a solution for protection of work between US and Western Europe |
| UCC | Accommodates the US, USSR, industrially developed countries, and developing countries |
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What You'll Learn
The Universal Copyright Convention (UCC)
The UCC has two main goals. Firstly, it aims to foster respect for the rights of creators and, secondly, it encourages the international circulation of literary, scientific, and artistic works. It provides a pathway of communication between different legal systems and enhances the international protection of intellectual works. The UCC sets out that no signatory nation should give its domestic authors more favourable copyright treatment than authors from other signatory nations. However, it does not stipulate a minimum level of protection for either domestic or foreign authors.
To comply with the UCC, a formal copyright notice must appear on all copies of a work. This notice should include the symbol ©, the name of the copyright owner, and the year of first publication. A signatory nation may require additional formalities, provided these do not favour domestic works over foreign ones. The minimum term of copyright in member nations is the life of the author plus 25 years, except for photographic works and works of applied art, which have a 10-year minimum term.
The UCC also includes a clause addressing concerns from Berne Convention states that the UCC's existence might encourage parties to leave the Berne Convention and adopt the UCC instead. This clause states that parties that are also party to the Berne Convention need not apply the UCC's provisions to any former Berne Convention state that renounced it after 1951. As a result, a state that adopts the Berne Convention is penalised if it later decides to renounce it and use UCC protections, as its copyrights might no longer exist in Berne Convention states.
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Berne Convention
Copyright law is not universal. There are international copyright conventions and treaties that establish obligations for member countries to implement in their national laws. Two of the principal international conventions protecting copyright are the Berne Convention and the Universal Copyright Convention (UCC).
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in Bern, Switzerland, by ten European countries. The convention introduced the concept that protection exists the moment a work is "fixed", i.e., written or recorded on some physical medium, and its author is automatically entitled to all copyrights in the work and to any derivative works unless and until the author explicitly disclaims them or until the copyright expires. Creators need not register or "apply for" a copyright in countries adhering to the convention.
The Berne Convention requires its parties to recognize the protection of works of authors from other parties to the convention at least as well as those of its own nationals. For example, French authors' rights law applies to anything published, distributed, performed, or otherwise accessible in France, regardless of where it was originally created, if the country of origin of that work is in the Berne Union. In addition to establishing a system of equal treatment that harmonized copyright among parties, the agreement also required member states to provide strong minimum standards for copyright law.
The Berne Convention states that all works except photographic and cinematographic shall be protected for at least 50 years after the author's death, but parties are free to provide longer terms. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography, the minimum is 50 years after the first showing or 50 years after creation if it has not been shown within 50 years.
As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world.
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International treaties
While copyright protection depends on the national laws of individual countries, international copyright treaties have been established to provide more certainty and understanding about the levels of copyright protection in different countries.
The Universal Copyright Convention (UCC) is one of the two principal international conventions protecting copyright. It was drawn up in 1952 in Geneva, Switzerland, under the auspices of UNESCO, and came into force in 1955. The UCC was developed as an alternative to the Berne Convention for those states that disagreed with aspects of it but still wished to participate in some form of multilateral copyright protection. The main features of the UCC include:
- No signatory nation should accord its domestic authors more favourable copyright treatment than the authors of other signatory nations, although no minimum protection for either domestic or foreign authors is stipulated.
- A formal copyright notice must appear in all copies of a work and consist of the symbol ©, the name of the copyright owner, and the year of first publication; a signatory nation might, however, require further formalities, provided these do not favour domestic works over foreign works.
- The minimum term of copyright in member nations must be the life of the author plus 25 years (except for photographic works and works of applied art, which have a minimum term of 10 years).
The Berne Convention for the Protection of Literary and Artistic Works is the other principal international convention protecting copyright. It requires protection for all creative works in a fixed medium to be automatic and 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, while cinematographic works are protected for 50 years after the first showing, or 50 years after creation if it has not been shown within that time. In addition to the rights recognised by the Berne Convention, certain economic rights are granted, and it covers two subject matters to be protected by copyright: computer programs and compilations of data or other material ("databases").
The Buenos Aires Convention (Third Pan-American Convention) is another international treaty signed by most North and South American countries, which allows for the protection of all creative works as long as they contain a notice informing that the creator claims copyright on it.
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National copyright laws
Copyright law is territorial in nature, meaning that copyright protection depends on the national laws of the country in which protection is sought. Each country has its own copyright laws, and these laws can vary significantly from one country to another. While there are international copyright conventions and treaties, such as the Universal Copyright Convention (UCC) and the Berne Convention, that establish obligations for member countries to implement in their national laws, the specifics of copyright protection can still differ across jurisdictions.
The United States, for example, has its own copyright laws that are outlined in Title 17 of the United States Code. The basic framework for US copyright law is provided by the Copyright Act of 1976, which grants protection to "'original works of authorship' fixed in any tangible medium of expression. This includes literary, dramatic, musical, artistic, and other intellectual works, and it applies to both published and unpublished works. The stated purpose of US copyright law is to promote art and culture by providing economic incentives for creativity, ultimately stimulating artistic creativity for the general public good.
In contrast, other countries may have different requirements for copyright protection. For example, some countries may require a formal copyright notice to appear on all copies of a work, while others may have different durations for copyright protection. Under the UCC, the minimum term of copyright in member nations is the life of the author plus 25 years, while in the US, copyright protection lasts for the life of the author plus 70 years.
It's important to note that while international copyright conventions provide a framework for copyright protection, they do not replace national copyright laws. Instead, these conventions establish obligations that member countries must implement in their own laws. As a result, it is crucial to understand the specific copyright laws of each country in which protection is sought.
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Copyright outside the US
Copyright laws differ from country to country. Each country has its own national copyright laws, and protection against unauthorized use in a particular country depends on the national laws of that country.
The Universal Copyright Convention (UCC) and the Berne Convention are two principal international conventions protecting copyright. The UCC was adopted in Geneva, Switzerland, in 1952, and enforced in 1955. It was developed as an alternative to the Berne Convention for those states that disagreed with aspects of the Berne Convention but still wished to participate in some form of multilateral copyright protection. The minimum term of copyright in member nations must be the life of the author plus 25 years, except for photographic works and works of applied art, which have a 10-year minimum.
The Berne Convention, on the other hand, takes priority over the UCC and conventions or arrangements between two or more American republics. It was revised at a Paris conference in 1971 to consider the special needs of developing countries, especially regarding translations, reproductions, public performances, and broadcasting.
In the United States, copyright law grants monopoly protection for "original works of authorship". It assigns a set of exclusive rights to authors, including the right to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These rights generally expire 70 years after the author's death or 95 years after publication. The US copyright law was last revised by the Copyright Act of 1976 and the Sonny Bono Copyright Term Extension Act of 1998.
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Frequently asked questions
The UCC is an international agreement drawn up in 1952 under UNESCO, which came into force in 1955. It is one of the two main copyright conventions, the other being the Berne Convention.
The Berne Convention was the original international agreement on copyright, signed in 1886 and renewed regularly. The UCC was created as an alternative for countries that disagreed with aspects of the Berne Convention but still wanted multilateral protection. The UCC does not abrogate any other multilateral or bilateral agreements between member states.
The UCC prescribes that no signatory nation should favour its domestic authors over those from other signatory nations. It also requires a formal copyright notice, including the symbol, the name of the owner, and the year of first publication. Finally, it sets a minimum term of copyright protection as the life of the author plus 25 years.
No, copyright law is not universal as it is not statutorily bound. Instead, it is based on treaties, so protection for a work will vary from country to country depending on the national laws of that country and the treaties they are a part of.
The U.S. is a member of several key international treaties, so U.S. law follows the requirements of these treaties. However, there are differences between U.S. law and international law, for example, in the U.S., moral rights can be transferred, and there is a broader fair use defence to copyright infringement.
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