Copyright Test 4
Chace Act
In 1891, allowed the President to extend copyright protection by proclamation to works originating in foreign countries if they in turn had provided protection for American works.
The Berne Implementation Act
1. copyright notice was made optional and 2. copyright transfers no longer have to be recorded in order to file a copyright infringement suit.
The Rome Convention
marked the first time sound recordings were considered copyright materials. 1961 - US did not sign
The Geneva Convention
designed specifically to provide international protection against record piracy by recognizing the rights of reproduction, distribution and importation of sound recordings.
The Copyright Office
1. Administering the copyright law 2. Creating and maintaining public records of copyright documentation 3. Providing technical assistance to Congress & the Executive Branch 4. Providing Information to the Public 5. Supporting the Library of Congress' depository 6. Serving as a resource to the domestic and international copyright communities.
Universal Copyright Convention
1989. goal was to bring US into international copyright community. similar to berne convention except it allows member countries to require some formalities as conditions to copyright protection. however, copyright owner can avoid complying with formalities by placing copyright notice on all published copies of work. requires members to give national treatment to foreign works. min- life
North America Free Trade Agreement
1992. NAFTA. protects 1. computer programs, 2. data compilations, and sound recordings; 3. recognition of rental rights for sound recordings; 4. limitations on compulsory licensing; and 5. recognition of rights against unauthorized importation of copies of protected works.
The principle of Automatic Protection
Protection may not be conditioned upon compliance with any formality
Trade Related Aspects of Intellectual Property Rights
TRIPS. does not include recognition of moral rights. provisions for injunction and damages; seizure and interdiction at the border; criminal penalties; international panels to hear complaints about copyright violations. TRIPS provided for a term of protection for performers and producers of sound recording
The Berne Convention
The first international copyright convention was held in here in 1886 and resulted in an Agreement called the Berne Convention for the Protection of Literary and Artistic Works (the "Berne Treaty").
The Principle of National Treatment
Works originating in one of the member countries must be give the same protection as in all other member countries
The Berne Treaty
applies to literary and artistic works which shall include every production in the literary and artistic domain, whatever may be the mode of its expression. contains 3 principles, the principle of national treatment, the principle of automatic protection, and the principle of independence of protection. provides similar rights as section 106 except rights to distribution or public display. doesn't include sound recordings. life of author + 50 years
Moral Rights
attribution (right to be recognized as author of work) and integrity (work cannot be altered without authors permission). these rights are protected by the berne treaty
The Principle of Independence of Protection
protection of the copyright is independent of the existence of protection in the original country. the one exception to this principle is that if the member state provides a longer term of protection than the country of origin, protection ends based on the original country