Berne Convention
by Ben McLane, Esq.
Within the now global span of the entertainment industry, any artist or songwriter
must be aware that his of her works might be utilized worldwide. This being the
case, international copyright protection is important. These days it is not
uncommon to hear the term "The Berne Convention" ("Berne") uttered in the same
breath as copyright. Yet, what is Berne? This article will give the reader a
general overview of how Berne affects copyright.
Actually, there is no such thing as an international copyright that will
automatically protect an artist's creation worldwide. Copyright protection
basically depends upon the laws of the country in which a person lives
(e.g., the U.S.). However, most civilized countries do offer protection
against infringement of foreign works. Berne is an attempt to simplify
international copyright protection by bringing together several nations
(there are now 79 members) into a union whose goal is to protect copyrights
throughout the world. The United States effectively became a member of
that union on March 1, 1989. The basic principles of Berne are to (1) bring
about better worldwide copyright protection against infringement and piracy;
(2) the promotion of international uniform copyright legislation; and (3)
the elimination of discrimination against foreign copyrights.
Member nations of Berne agree to a certain minimum level of copyright protection
for the other participating countries. In other words, the U.S. makes available
to its citizens copyright protection in foreign countries according to the laws
of that foreign member nation. Likewise, foreign works covered by Berne will
receive copyright protection under the U.S. copyright law. When the U.S.
became a member nation, it amended its own copyright law so that it would not
conflict with the rules of Berne.
It is important to remember that the articles of Berne do not per se confer any
rights (i.e., one cannot sue someone under Berne). The laws of the individual
country in which protection is sought still control. However, if that country
happens to be a "Berne" nation, it will be obligated to protect the foreign
work to some extent. Remember, many countries are not members of "Berne"
(China and the Soviet Union for instance), and some countries offer little
or no copyright protection at all.
Since there is a strong likelihood that any record or song might end up being
exploited in a foreign country, the creator should understand how his or
her rights will be affected in that foreign country, especially if there
is evidence that the work is being stolen, distorted or pirated. Berne
offers the best assurance, at this writing, for copyright protection worldwide.
Copyright 1998, Ben McLane
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