INTERNATIONAL CONVENTIONS DEALINGS WITH COPYRIGHT INFRINGEMENT
• 1886, Berne convention for protection of literary and artistic Work:
The Berne convention was concluded in 1886, and now has over 100 member countries. It aims to protect the rights of authors by providing certain established standards of protection for their works. Two major international principles underlying the Berne convention are:
1. The principle of national treatment;
2. The principle of automatic protection.
The principle of national treatment allows the courts of a country to apply their national law to acts that occur within that country, rather than a foreign law. Decisions are therefore more likely to be soundly based, since judges will apply a law with which they are familiar.Under the principle of automatic protection, a work will be granted protection even if it fails to satisfy formalities, such as registration or legal deposit, under the national law of a member country. The Berne convention covers a wide range of works including books, pamphlets and other writings, lectures, dramatic works and illustrations. Translations, adaptations, arrangements and collections are also protected. Generally, works are protected for 70 years after the author’s death.The works of nationals of all Berne Convention member countries are protected. Some works of authors who are not nationals of the Convention member countries may also be protected if the work was first or simultaneously published in a member country. The Convention gives authors certain exclusive rights, including making or authorizing translation, reproductions and public recitations; and protection of moral rights. Each member country may permit certain uses of works in its legislation, such as a ...
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...e international trade. GATT includes an agreement on Intellectual Property called the Trade Related Aspects of Intellectual Property Rights. Under TRIPS, member countries must agree to enact Copyright laws that give effect to the substantive provisions of the Berne Convention. TRIPS incorporates most of the minimum standards specified by the Berne Convention. However, given the primarily pressure by the U.S., TRIPS does not require the recognition of moral rights. TRIPSincorporates the requirements cited under Berne Convention,that is of a minimum term of copyright protection lasting for the life of the author plus 50 years. If a works term is not based on the life of natural person, the term must be at least 50 years from either the year of the publication or the creation of the work if the work has not been published within 50 years of publication of its creation.
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