International Copyright
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Multilateral Copyright Conventions and Treaties

  • Berne Convention

The Berne Convention For The Protection Of Literary And Artistic Works, administered by the World Intellectual Property Organization (WIPO), boasts 140 Members, including the United States. The Berne Convention sets forth "minimum protection to be granted" to copyright owners, and, in the words of WIPO, rests on "three basic principles," those being the principles of 1) "national treatment"1; 2) "automatic protection" 2; and 3) "independence of protection."
  • TRIPS
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All World Trade Organization members (WTO), including the United States, agreed in the Uruguay Round to abide by the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which incorporates the main substantive articles of the Berne Convention (Articles 1 through 21, except Article 6bis) in the section on Copyright and Related Rights, and extends protection in several significant ways. The TRIPS Agreement is administered by the World Trade Organization (WTO), which has 135 members and counting. Significantly, TRIPS contains a strong enforcement text (Articles 41-61), and very effective dispute resolution provisions.
  • Universal Copyright Convention (U.C.C.)
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The Universal Copyright Convention (U.C.C.), a predecessor to the Berne Convention, has 98 members, including the United States. The convention is administered by UNESCO.
  • Geneva (phonograms) Convention

The Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms provides international protection for producers of sound recordings. The convention has 57 members, including the United States, and is administered by WIPO.
  • Rome Convention
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The International Convention For the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) provides international protection for performances embodied in sound recordings. The convention has 60 members and is administered by WIPO. The United States is not a party to the Rome Convention.
  • WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT)
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While not yet in force, the WIPO Copyright Treaty (WCT) (and several agreed statements) and the WIPO Performances and Phonograms Treaty (and several agreed statements), aim to harmonize internationally the way copyright is protected in the digital world, extending in important ways the minimum standards provided under the Berne Convention and TRIPS. The WCT has been signed by 51 countries, and ratified by seven countries (as of April 15, 1999), while the WPPT has been signed by 50 countries, and ratified by five countries. Thirty ratifications are required for these Treaties to enter into effect.

Regional Conventions and Treaties

  • NAFTA
 The North American Free Trade Agreement (NAFTA) harmonized many of the copyright standards and enforcement procedures among the United States, Mexico, and Canada. Chapter 17 of the treaty addresses intellectual property issues. The treaty is administered by the NAFTA Secretariat.

U.S. Bilateral Copyright and Related Treaties and Agreements

World Copyright Laws and Membership in Certain International Copyright Conventions and Treaties

Protection for Foreign Works under U.S. Law

  • URAA / GATT

The 1994 Uruguay Round Agreements Act (URAA) implemented into United States law the Uruguay Round General Agreement on Tariffs and Trade (GATT), including the TRIPS agreement.

1 The principle of national treatment, as stated by WIPO, is that "[w]orks originating in one of the contracting States (that is, works the author of which is a national of such a State or works which were first published in such a State) must be given the same protection in each of the other contracting States as the latter grants to the works of its own nationals."

2 The principle of "automatic protection," as stated by WIPO, is that "protection must not be conditional upon compliance with any formality."

3 The principle of "automatic protection," as stated by WIPO, is that "protection is independent of the existence of protection in the country of origin of the work."
 
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