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International Copyright Law
Surprise! There Is No International Copyright Law
Many people are surprised to learn that there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection to what is deemed as “foreign” works.
International conventions and treaties have done much to protect owners of copyrights around the world. With the world seemingly becoming smaller every day the United States took a look at its stance on the European copyright treaty known as the Berne Convention. Basically, the Berne Convention of 1886 involved European nations coming together to seek a uniform copyright law to keep their copyright owners from having to register for copyrights in individuals European countries. The United States signed on to the Berne Convention introduced made it into a U.S. law known as the Berne Implementation Act of 1988.
If you are seeking to have your work protected in a particular country you need to find out what kind of protection foreign authors have in that country. Some countries offer little or not protection to foreign authors. It should be noted that the U.S. Copyright Office is not allowed to give authors recommendations or the names of attorneys or agents that could help them understand foreign copyright laws. However, with a little investigation it is not hard to find someone who is an expert on foreign copyright law. These individuals can help you learn more about copyright protection and how your work is deemed in a foreign country.
Someone who works in international copyright law will tell you that it is different than most other sectors of law. It involves knowing the copyright law of two or more countries. Every country has their own way of granting and protecting someone’s copyright. The individual criteria of each country must be taken into consideration when you are dealing with international copyright law. It is important to note that some countries do not have any intellectual property rights and some countries even grant more copyright protections than even the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty listed above. If you are interested in pursuing a degree in law, you may want to explore the international copyright law sector. With the world becoming one big neighborhood, you will probably not lack for work.
People that have copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true that the United States has signed treaties with some nations, your work will not be protected in every country of the world. As stated, the United States is a member of the Berne treaty. In addition, the United States is a member of the WIPO Copyright Treaty. This treaty works in conjunction with the Berne treaty yet it also covers and gives protection to databases and computer programs. If you would like more information on international copyright law you should check with an attorney who specializes in international copyright law.
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Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. |