International Copyright Protection
Copyright is protected internationally through various treaties. Unlike foreign patent protection or foreign trademark protection, copyright protection in a foreign country often requires little or no action on the part of the copyright holder. However, copyright holders who wish to protect their works in specific foreign countries should register their works in those countries to the extent that registration is available in those countries. Although copyright registration is not available in all countries, and the effect of registration varies in the countries in which it is available, the advantages of registration make it worthwhile.
Many of the applicable treaties are summarized below. If copyright protection or enforcement is needed in a given country, determination of the treaties applicable to that country is necessary. Additionally, some countries provide recognition of rights which are different in scope from those which are recognized in the United States. Please contact me to discuss your specific situation.
Berne Convention
The most significant treaty for international copyright protection is the Berne Convention. Countries which have signed this treaty agree to provide protection for any work originating in one of the contracting states will be given the same copyright protection as would be available in the originating state. This copyright protection is not dependent on any formality such as providing a copyright notice or copyright registration.
WIPO Copyright Treaty
This treaty is an agreement under the Berne Convention addressing protection of works in a digital environment. This treaty addresses protection for computer programs as well as for compilations of data which constitute intellectual creations as a result of the selection and arrangement of their contents (certain databases). The treaty also requires contracting states to provide legal protection against circumvention of technical measures used by copyright owners to protect their works.
WIPO Performances and Phonograms Treaty
This treaty addresses the rights of performers and producers of phonograms in a digital environment. In addition to typical rights protected by copyright, the treaty provides protection for the rights of performers in live, unfixed performances. Such performers have the rights of broadcasting, communicating to the public, and fixation. The treaty also requires contracting states to provide legal protection against circumvention of technical measures used by performers and producers of phonograms to protect their works.
Brussels Convention
This treaty requires contracting states to take measures to prevent unauthorized distribution of program-carrying signals distributed by satellite.
Marrakesh Treaty
This treaty requires contracting states to create exceptions to copyright protection to facilitate access to printed works by individuals who are blind or visually impaired.
Beijing Treaty on Audiovisual Performances
This treaty provides performers in audiovisual performances with various economic rights in audiovisual fixations. Performers in live performances are given the rights of broadcasting, communication to the public, and fixation. The treaty also requires contracting states to provide legal protection against circumvention of technical measures used by performers to protect their works.
The above summaries address only the main points of each treaty, and omit numerous specific details for simplicity. Please do not hesitate to contact me to discuss your specific needs in greater detail.
Protection For Cultural Heritage Property In Europe
Some European countries, particularly Italy, protect cultural heritage property from copying and distributing copies. Protection for cultural heritage property is not a form of intellectual property protection, and is sometimes in conflict with the scope and limitations of copyright protection. A work which is in the public domain under copyright law may still be protected as cultural heritage property.
Disclaimer
I am not admitted to practice in Europe. Like all contents of this website, the intent is to provide general information and not legal advice. If you need information about a specific situation which potentially involves protection of cultural heritage property, I can coordinate with lawyers in Europe to provide that information.
Definition of Cultural Heritage Property in Italy
“Cultural property consists of immovable and movable things which, pursuant to articles 10 and 11, present artistic, historical, archaeological, ethno-anthropological, archival and bibliographical interest, and of any other thing identified by law or in accordance with the law as testifying to the values of civilisation.”
“Landscape assets consist of the buildings and areas indicated in article 134, which are the expression of historical, cultural, natural, morphological and aesthetic values of the land, and any other assets identified by law or in accordance with the law.”
Legislative Decree no. 42 of 22 January 2004, Article 2.
Reproductions may be made, but fees must be paid to the authority having care of the property. Legislative Decree no. 42 of 22 January 2004, Article 108.
The European Union Intellectual Property Office recognizes protections for cultural heritage rights as well as potential conflicts with principles of intellectual property law.
Although protection for cultural heritage rights is not recognized in the United States, it must be considered if any copying or distribution of copies will take place in Europe.