CH.13: International Copyright Protection

Chase Act

-1891 Amendment to US Copyright Act -Allowed the president to extend copyright protection by proclamation to works originating in foreign countries if they in turn provided protection for American works. -many of these have been superseded by multinational treaties such as the Berne Convention

The Universal Copyright Convention (UCC)

-Goal is to bring the US into the international copyright community --UCC members of one country can avoid rules of another UCC country by placing copyright notice of their country on the work -Berne Convention takes priority over UCC -Requires certain minimum levels of protection, such as a term of at least the life of author +25 years

Uruguay Round Agreements Act

-Provides protection for performers against unauthorized fixation of performances and reproduction of such fixation. -TRIPS provides a term of protection for performers and producers of phono-broadcasts of 50 years from the date of the performance or fixation and 20 years for broadcasts from the year in which the broad cast took place

The Berne Convention

-administered by WIPO - world intellectual property organization (UN geneva, Switzerland) -applies to literary and artistic works which shall include every production in the literary and artistic domain, whatever may be the mode or form of its expression. -does not include sound recordings -Duration is life of author +50 years -No rights of distribution or public display

The WIPO Treaties

-agency of UN -1998 2 treaties -WIPO copyright treaty which provides that the storage of a work in a digital or electronic medium is a reproduction -WIPO performances and phonograms treaty

The Berne Convention: Rights of Attribution and Integrity

-attribution: the right to be known as the author of a work -integrity: once an author publishes a work, it shall not be cut, separated, or revised in any way without the author's permission -US does not recognize moral rights

GATT-General Agreement on Trade and Tariffs

-multi-national treaty that is designed to encourage free international trade -includes TRIPS -Trade-related aspects of intellectual property rights -member countries must agree to enact copyright laws that give effect to the substantive provisions of the Berne Convention -BROADCAST RIGHTS -min 50 years

Geneva Convention

-passed 1971, effective March 10, 1974 -designed to provide international protection against record piracy by recognizing the rights of reproduction distribution, and importation of sound recordings

North American Free Trade Agreement (NAFTA)

Entered in 1992 by the US, Canada, Mexico -requires copyright protection for computer programs, data compilations, and sound recordings; recognition of rental rights for sound recordings; limitations on compulsory licensing; and recognition of rights against unauthorized importation of copies of protected works for NAFTA member countries -Producers of sound recordings can authorize or prohibit a recording's direct or indirect reproduction, important of unauthorized copies, first public distribution, and commercial rental -min protection 50 years

U.S. Membership in Berne

In order to join Berne congress passes the Berne Convention Implementation Act of 1988 adding certain requirements to the 1976 CA Act, including: 1.Copyright notice was made optional rather than mandatory for works published after March 1, 1989; 2.Copyright transfers no longer have to be recorded in order to file a copyright infringement suit.

Rome Convention

Provides a higher level of protection than the Geneva Convention. However the United States has not joined