There are many myths surrounding the issue of copyright. One of the most
common is the idea that there is some sort of universally accepted international copyright
protection.
As nice as it would be in our global economy to have some sort of clear
international regime in place to govern copyrights and their violations, there is none.
There is no international copyright protection.
Generally speaking, protection is governed by the country in which a copyright is
claimed or in which a violation is alleged. Most countries do have copyright regulations
in place, but their terms may vary considerably.
Some nations actively cooperate with the U.S. on copyright relations and the U.S.
Copyright Office provides information about those agreements and methods for handling
international copyright disputes.
As mentioned in the introduction to this ebook, there are resources available
regarding copyright considerations in other countries. If you have an issue with potential
infringement and are willing to do your homework, you may be able to come to grips with
the intricacies of international copyright laws and how to apply them to your specific
case.
More often than not, however, international copyright issues are too complicated
(and often, too costly) for the average person to pursue. This is a particular problem in
today’s global economy when a competing website could steal materials from another one
without any real fear of legal repercussions.
Widgets.com could steal from GoodWidgets.com without too much concern, it
might seem, if one site is ran from England and the other from Azerbaijan.
It is worth noting, however, that many web site hosts that aren’t located in the U.S.
are still willing to voluntarily enforce the provisions of the DMCA (which we’ll soon
discuss in greater detail). One should not, however, assume that a non-U.S. entity will
ever bend to U.S. law. They don’t need to do so and they probably won’t absent an
international agreement to the contrary.
Fortunately, many international agreements are in place. The Berne Convention,
for instance, has more than one hundred signatories to the treaty who are obliged to
provide copyright protections to authors.
The General Agreement on Trades and Tariffs (GATT) treaty also contains some
copyright protection provisions.
These treaties have successfully allowed many authors to enforce their rights in
other jurisdictions. However, when it comes to copyright, the key factors are often very
detailed and differences in laws can result in outcomes one may not anticipate.
Additionally, even though various treaty regimes do assist in copyright protection,
the rapidly changing nature of online communication has left some gaps in the system,
complicating matters for online copyright holders.
ABOUT THE AUTHORBill Hadley is a professional journalist who specializes in copyright law; he is the author of the book, "
Online Copyright Manual for Everyone!"
