Berne Convention Implementation Act of 1988
Encyclopedia
The Berne Convention Implementation Act of 1988 is a copyright
act that came into force in the United States
on March 1, 1989, making it a party to the Berne Convention for the Protection of Literary and Artistic Works
.
refused initially (that is, for 102 years from 1886 to 1988) to join the Berne Convention. There were some practical, justifiable reasons. It would have required major changes in its copyright law
, particularly: moral rights, an area called copyright formalities, including registration, deposit and mandatory copyright notice.
At the same time, US copyright experts seem to agree that America's approach to international copyright relations prior to accepting the Berne treaty was badly flawed. Barbara Ringer
, who served for years as the leading US copyright official, said, "Until [about 1955 the US]. . . role in international copyright was marked by short-sightedness, political isolationism, and narrow economic self-interest."
H. Sandison writes: "The roots of American isolationism [are from the 1790 Copyright Act
which protected books] only if their authors were citizens or residents of the United States." Ringer observed that this meant US publishers could pirate the works of English authors like Charles Dickens and publish them cheaper in the new nation than American authors could be published. This hurt the market for US-created books for 100 years and was only partly remedied in 1891, when the US passed a limited international copyright law.. . . "Of course, the US was not alone in denying protection to nonresident foreigners." Yet it is safe to say that the US, by waiting until 1988 to join the Berne Convention, was one of the last industrial nations to join in the cooperative effort.
"In ratifying the Berne Convention, Congress determined to take a minimalist approach to compliance."(placing "minimalist" in italics) In both realms of moral rights and formalities (registration, notice, deposit), US law in the Implementation Act was limited. "The major concession was that the United States finally, reluctantly, did away with copyright formalities." That is to say, the US adoption of moral rights was very limited. And some formalities were kept, specifically "deposit" of a copy of the work with the Library of Congress, and some features of registration.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
act that came into force in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
on March 1, 1989, making it a party to the Berne Convention for the Protection of Literary and Artistic Works
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
.
Context
The United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
refused initially (that is, for 102 years from 1886 to 1988) to join the Berne Convention. There were some practical, justifiable reasons. It would have required major changes in its copyright law
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, particularly: moral rights, an area called copyright formalities, including registration, deposit and mandatory copyright notice.
At the same time, US copyright experts seem to agree that America's approach to international copyright relations prior to accepting the Berne treaty was badly flawed. Barbara Ringer
Barbara Ringer
Barbara Ringer was the first female Register of Copyrights in the United States Copyright Office, an important contributor to United States copyright law in the 20th century, and a key force behind the preparation and passage of the 1976 Copyright Act.-Early life:Barbara Ringer was born in...
, who served for years as the leading US copyright official, said, "Until [about 1955 the US]. . . role in international copyright was marked by short-sightedness, political isolationism, and narrow economic self-interest."
H. Sandison writes: "The roots of American isolationism [are from the 1790 Copyright Act
Copyright Act of 1790
The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War...
which protected books] only if their authors were citizens or residents of the United States." Ringer observed that this meant US publishers could pirate the works of English authors like Charles Dickens and publish them cheaper in the new nation than American authors could be published. This hurt the market for US-created books for 100 years and was only partly remedied in 1891, when the US passed a limited international copyright law.. . . "Of course, the US was not alone in denying protection to nonresident foreigners." Yet it is safe to say that the US, by waiting until 1988 to join the Berne Convention, was one of the last industrial nations to join in the cooperative effort.
"In ratifying the Berne Convention, Congress determined to take a minimalist approach to compliance."(placing "minimalist" in italics) In both realms of moral rights and formalities (registration, notice, deposit), US law in the Implementation Act was limited. "The major concession was that the United States finally, reluctantly, did away with copyright formalities." That is to say, the US adoption of moral rights was very limited. And some formalities were kept, specifically "deposit" of a copy of the work with the Library of Congress, and some features of registration.
External links
- Berne Convention Implementation Act of 1988, full text.
- The House Report on the Berne Convention Implementation Act of 1988 from May 1988.
- The Senate Report on the Berne Convention Implementation Act of 1988 from May 1988.
- The House Statement on the Berne Convention Implementation Act of 1988 from October 1988.
- The Senate Statement on the Berne Convention Implementation Act of 1988 from October 1988.