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. 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 some of 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.