|
|
|
|
|
|
| |
|
|
 |
Copyrights |
|
| |
There
is no such thing as an "international copyright"
that automatically protects your work throughout
the world. Protection against unauthorized use in
a particular country depends on the laws of that
country. Most countries offer protection to foreign
works through international copyright treaties and
conventions. There are two principal international
copyright conventions, the Berne Union for the Protection
of Literary and Artistic Property (Berne Convention)
and the Universal Copyright Convention (UCC). The
United States became a member of the Berne Convention
on March 1, 1989, and has been a member of the UCC
since September 16, 1955.
Usually you can claim protection under these treaties
if you are a citizen or legal resident of a member
country or if your work is first published in a
member country or if it is published within 30 days
of first publication in a Berne Union country. There
are no formal requirements in the Berne Convention.
Under the UCC, national law may be satisfied by
using a copyright notice in the form and position
specified in the UCC. A UCC notice consists of the
symbol " ( C in a circle)" accompanied by the year
of first publication and your name (example: c in
a circle 1995 John Doe). You must place this notice
such that it gives reasonable notice of the copyright
claim.
Since the Berne Convention prohibits formal requirements
that affect the "exercise and enjoyment" of the
copyright, the United States changed its law on
March 1, 1989 to make the use of a copyright notice
optional. U.S. law still provides certain advantages
for use of a copyright notice, however. A copyright
notice can defeat a defense of "innocent infringement,"
for example. This is discussed in the copyright
section, supra.
Even you can't protect your work in other countries
under an international convention, there might be
bilateral agreements between the U.S. and other
countries that offer you some protection. You can
also try to get protection from other countries'
laws.
If you want copyright protection in a particular
country, you should determine how much protection
is available to foreign authors in that country.
Some countries offer little or no copyright protection
to any foreign works. If possible, do this before
the work is published anywhere, because protection
may depend on the facts existing at the time of
first publication.
You can consult an expert on foreign copyright laws
to learn about the requirements of and protection
provided by other countries. Note that copyright
laws in some countries are well developed but not
well enforced.
For example, although J.K. Rowling has only published
five Harry Potter books, some Chinese authors have
published additional Harry Potter books without
Rowling's permission. Although this is a violation
of the Chinese copyright rules, these works are
readily available in China. Similarly, Microsoft
software is available there for a few dollars. This
is also the case in other parts of Asia, as well
as parts of Europe and Latin America. |
|
 |
| |
|
|
|
|
|
