International Copyright in the United States

Copyright in the U.S. Code

The United States Copyright Code appears in Title 17 of the United State Code.

International Copyright (Copyright Protection)

This section introduces, discusses and describes the basics of international copyright. Then, cross references and a brief overview about Copyright Protection is provided. Finally, the subject of Internet Law in relation with international copyright is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Copyright Treaties

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. Many countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions.

The United States is a member of many treaties and conventions affecting copyright. The World Intellectual Property Organization (WIPO) administers the Berne Convention for the Protection of Literary and Artistic Works; the WIPO Copyright Treaty; the WIPO Performances and Phonograms Treaty; the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms; and the Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite. The United Nations Educational, Scientific, and Cultural Organization administers the Universal Copyright Convention.

The World Trade Organization administers the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets forth obligations related to intellectual
property rights, including copyright and enforcement measures, in the context of a multilateral trade agreement.

The treaties and conventions noted above include substantive obligations. Many also define “points of attachment,” the factors that connect an eligible work to be protected
among treaty member countries. An author’s nationality or the place a work was first published are examples of points of attachment. Sections 104 and 104a of the U.S. Copyright Act specify the scope of protection for unpublished and published foreign works.

In addition to international treaties and conventions, other instruments, such as free trade agreements, require member countries to comply with specific obligations. Building on TRIPS, the free trade agreements concluded by the United States require the parties to have robust copyright laws and enforcement measures. A bilateral free trade agreement between the United States and another country does not usually create a first point of attachment for a U.S. work in that other country, or vice versa (the two parties are usually already members of international treaties). Specific facts, circumstances, and national laws are important in any international copyright analysis.

Recent international developments have resulted in two new WIPO copyright treaties: the Beijing Treaty on Audiovisual Performances and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.

Agreements and Treaties

The United States is a party of the following treaties and agreements:

BAC · Buenos Aires Convention of 1910. U.S. ratification deposited with the government of Argentina, May 1, 1911; proclaimed by the president of the United States, July 13, 1914.
Berne · Berne Convention for the Protection of Literary and Artistic Works. The Berne Convention, which was first accepted in 1886, has been revised numerous times. Notable revisions were made at Berlin on November 13, 1908; at Rome on June 2, 1928; at Brussels on June 26, 1948; at Stockholm on July 14, 1967; and at Paris on July 27, 1971 (which were subsequently amended on September 28, 1979).
FTA · Free Trade Agreement. The United States has concluded comprehensive free trade agreements (many bilaterally, some regionally) with multiple countries. With the exception of the United States–Israel agreement, the FTAs contain chapters on intellectual property rights, which include substantive copyright law and enforcement obligations.
Phonograms · Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, Geneva, 1971. The effective date for the United States is March 10, 1974.
SAT · Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, Brussels, 1974. The effective date for the United States is March 7, 1985.
UCC Geneva · Universal Copyright Convention, Geneva, 1952. The effective date for the United States is September 16, 1955, the date the treaty entered into force.
UCC Paris · Universal Copyright Convention as revised at Paris, 1971. The effective date for the United States is July 10, 1974, the date the treaty entered into force.
WCT · World Intellectual Property Organization (WIPO) Copyright Treaty, Geneva, 1996. The effective date for the United States is March 6, 2002, the date the treaty entered into force.
WPPT · WIPO Performances and Phonograms Treaty, Geneva, 1996. The effective date for the United States is May 20, 2002, the date the treaty entered into force.
WTO · World Trade Organization (WTO), established pursuant to the Marrakesh Agreement of April 15, 1994, to implement the Uruguay Round Agreements. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is one of the WTO agreements. It includes substantive obligations for the protection of copyright and other intellectual property rights as well as their enforcement. The effective date of United States membership in the WTO is January 1, 1995.

The United States has not yet acceded to the two treaties below:

BTAP2 · Beijing Treaty on Audiovisual Performances. On June 26, 2012, the United States and fortyseven other nations signed the treaty. It will enter into force once thirty eligible parties, including countries or certain intergovernmental organizations, ratify it.
VIP3 · The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. This treaty was adopted on June 27, 2013, and the United States signed it on October 2, 2013. It enters into force once twenty eligible parties, including countries or certain intergovernmental organizations, ratify it. That number has been met, and the date of the entry into force of this treaty is September 30, 2016.

International Copyright

International Copyright in the United States

Copyright in the U.S. Code

International Copyright (Copyright Protection)

Copyright Treaties

Agreements and Treaties

Resources

See Also

Further Reading (Articles)