Intl. copyright: what is it?

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International copyright protection can be obtained through the Berne Convention or the Universal Copyright Convention, which are recognized by many countries. Protection is automatic under the Berne Convention and requires a symbol under the Universal Copyright Convention. The WTO also has an agreement on intellectual property rights that sets minimum terms for copyright protection.

An artist or author cannot apply for an international copyright. Instead, the work is most likely protected by one or both of two accepted conventions that were created to protect creative works. The Bern Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention are both international copyright agreements agreed by many governments of the world. Member countries of the World Trade Organization also follow the Agreement on Trade-Related Aspects of Intellectual Property Rights, which governs international copyright law.

An author, artist or other creator of a copyrighted work can apply for international copyright protection under the Berne Convention or the Universal Copyright Convention provided that the creator is a citizen or resident of a country that recognizes these conventions. Protection under the Berne Convention does not require special action on the part of the creator. Under the Universal Copyright Convention, the creator must place the international copyright symbol, a letter c within a circle, in a prominent and visible place on the created object to be protected.

The Bern Convention was first signed in Bern, Switzerland in 1886. It requires all cooperating countries to recognize the international copyright of all literary and artistic works created by citizens of countries that have signed the convention . More than 160 countries have signed the convention, including the United States, Australia and Canada.

Under the Berne Convention, foreign authors and artists get the same protection for their work as natives of the country would get. Copyright protection is applied automatically without the need for any type of application. The convention sets minimums on the duration of a copyright. The minimums are set at 50 years since the author’s death for literary works, 25 years since creation for photography and 50 years since creation for films.

The Universal Copyright Convention was created as an alternative form of international copyright law to the Berne Convention. It allows individual countries to apply for copyright registration if they wish. It also allows for the creation of fixed and renewable terms of copyright protection. Many countries are members of both forms of international copyright protection.

With the rise of the World Trade Organization (WTO), another source of international copyright protection was established. Agreement on trade-related aspects of intellectual property rights must be followed by all WTO members. Just like the Berne Convention, it sets minimum terms and offers automatic protection without any copyright claims.




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