International copyright
Encyclopedia
While no creative work
is automatically protected worldwide, there are international treaties
which provide protection automatically for all creative works as soon as they are fixed in a medium. There are two primary international copyright agreements, the Buenos Aires Convention
and the Berne Convention for the Protection of Literary and Artistic Works
.
and South American
countries, which allows for protection of all creative works as long as they contain a notice informing that the creator claims 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.
Copyright law by country
Creative work
A creative work is a tangible manifestation of creative effort such as literature, music, paintings, and software. Creative works have in common a degree of arbitrariness, such that it is improbable that two people would independently create the same work. Creative works are part of property...
is automatically protected worldwide, there are international treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
which provide protection automatically for all creative works as soon as they are fixed in a medium. There are two primary international copyright agreements, the Buenos Aires Convention
Buenos Aires Convention
The Buenos Aires Convention is a copyright treaty signed at Buenos Aires on 1910-04-11 which provides for the mutual recognition of copyrights where the work carries a notice containing a statement of reservation of rights...
and 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 :...
.
Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works (also referred to as just the Berne Convention) requires protection for all creative works in a fixed medium 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. Cinematographic works are protected for 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. The Berne Convention also allows for the rule of the shorter term, stating that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work". Not all countries have applied this rule however.Buenos Aires Convention
The Buenos Aires Convention was a treaty signed by most NorthNorth America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
and South American
South America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
countries, which allows for protection of all creative works as long as they contain a notice informing that the creator claims copyright on it. The Buenos Aires Convention also instituted the rule of the shorter term
Rule of the shorter term
The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment, to at most the copyright term granted in the...
, 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.
See also
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
Copyright law by country
- History of copyright lawHistory of copyright lawThe history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1709, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein...
- Intellectual property organizationIntellectual property organizationIntellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts....
- List of parties to international copyright treaties
- Philosophy of copyrightPhilosophy of copyrightThe philosophy of copyright might be said to include several philosophical issues which are fundamentally linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law....