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Understanding Effect of Berne Convention

Understanding Effect of Berne Convention

The Berne
Convention was one of the first international agreements involving copyright
law. It was held in Berne, Switzerland in 1886. It is also known as the Berne
Convention for the Protection of Literary and Artistic Works.

The Berne
Convention looked to copyright protect all works the moment they have been
created. The Convention was based on the idea of “right of author”
and “copyright”. The creators of the Convention believed once a work
was placed in a fixed form such as on a piece of paper, or a work was expressed
or declared, all the ownership would remain with the original creator.

Ownership
included any derivative work that came about from the original work. Protection
from the Berne Convention did not require any filing or paperwork to apply for
ownership. Only an expression of creation was needed to have full ownership of
a created work. The Berne Convention offered equal protection for all members
of any nation that signed on to agree to the Convention.

The United States initially did not want to join
the Berne Convention because it offered too much protection for creators of a
work. The United States did not like the way the Berne Convention did not
require mandatory registration of copyrights or copyright notice. The United
States believed the amount of protection offered would limit the number of new
creations that could be copyrighted.

Because the
United States and some other nations were not fond of the Berne Convention’s
policies, the Universal Copyright Convention was held in 1952. The United
States, Soviet Union and many Latin American countries joined the Universal
Copyright Convention. There were less copyright laws offered about issues, such
as the amount of time a copyright would remain copyrighted. They also preferred
having to fill out copyright forms rather than simply creating a work on a
tangible medium. The Berne Convention threatened to take away any copyrighted
material from a nation that joined the rival Universal Copyright Convention.

In 1989, the United States decided to join the
Berne Convention. The Universal Copyright Convention had almost no power
following the departure of the United States and the Convention was soon
dissolved. The Berne Convention would evolve into the United International
Bureaux for the Protection of Intellectual Property and moved closer to the
United Nations.

The United
International Bureaux for the Protection of Intellectual Property would then
become the World Intellectual Property Organization (WIPO). The WIPO would then
become an organization within the United Nations. There are now 164 countries
that share copyright laws under what was once known as the Berne Convention.
The laws of the Berne Convention are now so widely accepted that it forces
non-members to accept its copyright laws regardless of their own copyright
agreements.

Important Facts About The Effect of Phonograms Treaties

Important Facts About The Effect of Phonograms Treaties

Only sound
recordings are protected under the World Intellectual Property Organization’s
Performances and Phonograms Treaty. The Convention took place on December 20,
1996 in Geneva. The Convention was necessary due to the technological advances
taking place throughout the world. Older treaties that dealt with literary
works and pictures were no longer suitable treaties for the protection of
phonograms.

Phonograms
refer to the fixation of sound or performance onto a tangible medium. The
Performances and Phonograms Treaty protects performers, those that produce the
work onto a medium, those that transmit the work over a broadcast, and those that
communicate the work to the public by any medium.

The rights
of performers and those that produce or distribute phonograms are protected if
they are members of the Performances and Phonograms Treaty regardless of
national origin. All contracting members of the Treaty must recognize nationals
of other countries who are members of the Treaty have the same protections
regarding phonograms and performances.

The Performances and Phonograms Treaty offers
certain rights to performers and creators of original work. Creators of a
performance or phonogram are entitled to the economic benefits of the
copyrighted material. This economic benefit extends beyond the creator’s life
and will continue to be a part of their property, whomever may be in control of
it. They also benefit from the economic result of any live performance
regarding their work.

Fixed
phonograms played without the creator present are to be clearly labeled
correctly identified as belonging to that creator. Any modification that would
harm the creator or bring down the value of the work must not be identified as
the original creator’s work. The economic rights of a creator will last past
their death until their economic rights have expired. This occurs when a
created work enters public domain.

Performers are the only ones who may benefit from
the reproduction of their fixed phonogram. Under the WIPO Performances and
Phonograms Treaty, this is known as “right of reproduction”. The
performers also control the “right of distribution”. Performers have
the exclusive right when it comes to a decision to make a fixed work available
to the public by means of copying the original product. Nothing in the WIPO
Performances and Phonograms Treaty can control what happens to a copy of an
original work once there is a transfer of ownership regarding one of the copies
of an original work.

Performers also enjoy the exclusive right to rent
out their created work for commercial purposes. It has been agreed upon that
the commercial rental of a performance or phonogram will not impair the
exclusive rights of ownership afforded to the original creator.

Only phonograms and performances are protected
under the WIPO Performances and Phonograms Treaty. There shall be no revision
to the Treaty that includes other works such as pictures or literary work. Any
party interested in leaving the Treaty must announce their intent to do so to
the Director General of WIPO. The denunciation from the Treaty will take one
year to be completed.

National Origin Overview

National Origin Overview

National origin focuses on protecting creators of original work that are members of a country belonging to a copyright treaty party. Original works can easily travel, be viewed, or expressed beyond the country from which they originated. Treaties have been created so that foreign nations can share their created work without having to worry if their work will be stolen and accredited to another party.
Countries that are members of a copyright treaty will be protected by the laws of that treaty. National origin does not play any role in differentiating laws between countries under the same treaty. A foreign nation that is a member of a separate treaty party will not be protected under the rights of another. National origin treaties offer protection to published and unpublished works created by people residing or creating a work while in a country protected by a copyright treaty.
President Woodrow Wilson decided the United States would join the Buenos Aires Convention. From there, the United States would later join the Universal Copyright Convention. This was because the widely used Berne Convention laws gave too much protection to creators of original work. Wilson did not believe copyrights should be granted without having to file paperwork and give notice of the copyright, an accepted practice in the Berne Convention. 
In 1989 the United States would leave the Universal Copyright Convention for the protection of the Berne Convention. The departure of the United States from the Universal Copyright Convention led to an end of that organization. The Berne Convention would later evolve into the World International Property Organization, an organization within the United Nations. The different copyright treaties help determine what the rules for copyright are depending on one’s national origin.
Unpublished and published works are protected based on national origin. If a member or the United States or another foreign national belonging to the same treaty party create a work on a fixed tangible medium, that work is immediately copyrighted. 
An unpublished work that is expressed on a medium is copyrighted according to the Berne Convention or World International Property Organization. No paperwork or applications need to be filled out for the created work to be copyrighted. It is not necessary to sell or share the original work either. Work that is published is protected if one of these things occur:
The work was created by a member of the United States or a treaty party member of the same copyright laws.
The work was created by a stateless person.
A picture, graphic, or sculpture is embedded in a building or surface belonging to a nation that is part of a copyright treaty party.
A sound is recorded on a phonogram in a copyright protected country.
A performance is performed after being created in a protected country. 
Original work created by the United Nations is protected under the World International Property Organization laws. Also, a president may extend or take away copyright protection from non-treaty nations that offer or do not offer protection to members of the World International Property Organization.
The Berne Convention had a lasting effect on copyright treaties and laws. After being held in 1886, the Berne Convention now consists of 164 nations. The Berne Convention is known for offering the most protection to creators of original works. The Berne Convention stated any work that is placed on a tangible medium is protected under its copyright laws. No filing or paperwork is necessary to copyright under the Berne Convention.
Nations that agreed to sign on as members of the convention were offered the protection of the Berne Convention regardless of that person’s national origin. When the United Stated decided to join the Berne Convention in 1989, the Universal Copyright Convention grew too weak to survive.
The Berne Convention has evolved into the World International Property Organization. The power of the organization is so great that non-members often have to abide by the rules of the original Berne Convention, now referred to as the World International Property Organization (WIPO).
With technology advancing, new laws had to be set in place regarding sound creations. The Performances and Phonograms Treaty was created by the World International Property Organization in 1996. It stated that any performance given or audio produced onto a phonogram was protected by copyright.
Under WIPO, performers are entitled to all economic benefits resulting from their original work. They are also entitled to make decisions regarding commercial usage and rentals. Any usage of someone else’s work must be identified as that person’s work. 
Once a sale of a phonogram is made, the performer cannot control what happens to the copy of their original work. The Performances and Phonograms Treaty only concerns audio and performances. No literary work is protected under the Agreement.