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COPYRIGHT LAW - 25 -


FIGURE 2.2 World map showing the parties
to the Berne convention, 2012

The signatories of the Berne Convention for the
Protection of Literary and Artistic Works, as of 2012

Figure from Wikimedia Commons:
https:commons.wikimedia.org/wiki/File:Berne_Convention.png
CC BY-SA 3.0 | Desaturated from original

dition for receiving copyright protection). In general, the Berne Convention as revised and amended also requires that all countries give foreign works the same protection they give to works created within their borders, assuming the other country is a signatory. Figure 2.2 is a map showing (in dark gray) the signatories to the Berne Convention as of 2012.

Additionally, the Berne Convention sets minimum standards—default rules—for the duration of copyright protection for creative works, though some exceptions exist, depending on the subject matter. The Berne Convention’s standards for copyright protection dictate a minimum term of the life of the author plus 50 years. Because the Berne Convention sets minimums only, several countries have established longer terms of copyright for individual creators, such as “life of the author plus 70 years” or “life of the author plus 100 years.” You can review the Wikipedia article on “Copyright Term” (licensed CC BY-SA 3.0, available at https://en.wikipedia.org/wiki/Copyright_term) and view the page that lists the duration of copyright based on country (also licensed CC BY-SA 3.0, available at https://en.wikipedia.org/wiki/List_of_countries%27_copyright_lengths). The map in figure 2.3 shows the status of copyright duration around the world as of 2012.

In addition to the Berne Convention, several other international agreements have further harmonized copyright rules around the world.[1]


NOTE

  1. These international agreements include the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated by members of the World Trade Organization in 1994; and the WIPO Copyright Treaty (WCT), negotiated by members of the World Intellectual Property Organization in 1996. These agreements address similar issues and also new IP-related issues not covered by the Berne Convention. Another manner in which copyright policy is made is through bilateral and multilateral trade agreements. As of 2017, there were several negotiations underway. These include the Regional Comprehensive Economic Partnership (RCEP) and the renegotiation of the North American Free Trade Agreement (NAFTA). A major drawback of multilateral trade negotiations is that they are typically conducted in secret with little or no participation from civil society organizations and the public.