Text 5842, 91 rader
Skriven 2005-03-02 13:24:20 av SHANNON TALLEY (1:275/311)
     Kommentar till en text av BJöRN FELTEN
Ärende: Re: FidoNews 22:08 [00/06]: The Front Page
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> ST> The following nations are signatories to the Universal Copyright
> ST> Convention
>  Thanks for once again proving that you have absolutely no idea what
> you're
> talking about. Hint: a convention is a far cry from a law...

"Thanks for once again proving that you have absolutely no idea what you're
talking about."

Ok there smart guy.  I could post more details, but it's be a waste of
everyone's time.  We all know you are full of it BJ and in clear violation
of international law and policy 4.

The two major treaties governing copyright are the Berne Convention (U.S.
Senate Treaty Doc. 99-27, KAV 2245, 1 B.D.I.E.L. 715; also reprinted at
17 U.S.C.A. 104). and the Universal Copyright Convention (U.C.C.), (25
U.S.T. 1341, T.I.A.S. 7868, 1 B.D.I.E.L. 813 (1971 Paris text); and 6
U.S.T. 2731, T.I.A.S. 3324, 216 U.N.T.S. 132 (1952 Geneva text)).  (Note:
the abbreviation U.C.C. to denote the Universal Copyright Convention
should not be confused with the same abbreviation to denote the Uniform
Commercial Code.)  Note: Sweden has signed the international treaty and
falls under international copyright law.

The Berne Convention for the Protection of Literary and Artistic Works
was established in 1886 in Berne, Switzerland.  The text has been
revised, and the current edition (and the one to which the United States
and most other nations are a signatory) is the 1971 Paris text.  The
treaty is administered by the World Intellectual Property Organization
(WIPO), an international organization headquartered in Geneva,
Switzerland.

The Berne Convention has four main points:  National treatment,
preclusion of formalities, minimum terms of protection, and minimum
exclusive rights.

National treatment: Under Berne, an author's rights are respected in
another country as though the author were a national (citizen) of that
country (Art. 5(1)).  For example, works by U.S. authors are protected by
French copyright in France, and vice versa, because both the U.S. and
France are signatories to Berne.

Preclusion of formalities: Under Berne, copyright cannot be dependent on
formalities such as registration or copyright notice (Art. 5(2)).
However, as noted in sections 2.5 and 2.7, this provision apparently does
not prevent a member nation from taking adherence to formalities into
account when determining what remedies apply.

Minimum terms of protection:  Under Berne, the minimum duration for
copyright protection is the life of the author plus 50 years (Art. 7(1)).
Signatory nations may have provide longer durations if they so choose.

Minimum exclusive rights: Under Berne, a nation must provide for
protection of six rights: translation (Art. 8(1)), reproduction (Art.
9(1)), public performance (Art. 11(1), and Art. 11ter), adaptation (Art.
12), paternity (Art. 6bis(1)) and integrity (Art. 6bis(1)).  In certain
of these areas, U.S. copyright law does not quite align with Berne.  For
example, Berne requires that the paternity and integrity rights endure
for the same term as the other rights (Art. 6bis(2)), while in the U.S.,
those rights terminate at the death of the author (17 U.S.C. 106A(e)).
The two have been reconciled by the premise that other sources of federal
law, such as trademark, combined with the trademark, unfair competition,
and defamation laws of the individual states, satisfy these requirements.

The Universal Copyright Convention was originally written in 1952 in
Geneva.  It became effective in 1955.  Like the Berne Convention, the
text has been revised.  As with the Berne Convention, the most recent
revision was in Paris in 1971.  The United States is party to both the
1952 Geneva text and the 1971 Paris text.  The U.C.C. is administered by
UNESCO, a United Nations agency.

The following nations are signatories to the Berne Convention (1971 Paris
text):  Argentina, Australia, Austria, the Bahamas, Barbados, Belgium,
Benin (formerly Dahomey), Brazil, Bulgaria, Burkina Faso (formerly Upper
Volta), Cameroon, Canada, the Central African Republic, Chad, Chile,
Colombia, Congo, Costa Rica, Cote d'Ivoire (Ivory Coast), Cyprus,
Czechoslovakia, Denmark, Ecuador, Egypt, Fiji, Finland, France, Gabon,
Germany, Ghana, Greece, Guinea, Holy See (Vatican City), Honduras,
Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Lebanon, Lesotho,
Liberia, Libya, Liechtenstein, Luxembourg, Madagascar (Malagasy
Republic), Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico,
Monaco, Morocco, the Netherlands, New Zealand, Niger, Norway, Pakistan,
Peru, Philippines, Poland, Portugal, Romania, Rwanda, Senegal, South
Africa, Spain, Sri Lanka (formerly Ceylon), Suriname, Sweden,
Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, the
United Kingdom, the United States, Uruguay, Venezuela, Yugoslavia, Zaire,
and Zimbabwe.  According to U.S. State Department Dispatches published
since January 1992, additional nations to sign Berne include Gambia (Dec.
12, 1992), China (July 10, 1992) and Kenya (March 11, 1993).

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