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International Copyright Law
While no creative work is automatically protected worldwide, there are international treaties which provide protection automatically for all creative works as soon as they are fixed in a medium. There are two primary international copyright agreements, the Buenos Aires Convention and the Berne Convention. Berne Convention The Berne Convention for the Protection of Literary and Artistic Works (also referred to as just the Berne Convention) requires protection for all creative works in a fixed medium be automatic, and last for at least 50 years after the author's death for any work except for photographic and cinematographic works. Photographic works are tied to a minimum of 25 years. Cinematographic works are protected for 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. The Berne Convention also allows for the rule of the shorter term, stating that "unless the legislation of that country otherwise provides, the t ...
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Creative Work
A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a creative mindset and are not typically rendered in an arbitrary fashion although some works demonstrate ave in commona degree of arbitrariness, such that it is improbable that two people would independently create the same work. At its base, creative work involves two main steps – having an idea, and then turning that idea into a substantive form or process. The creative process can involve one or more individuals. Typically the creative process has some aesthetic value that is identified as a creative expression which itself generally invokes external stimuli which a person views as creative. The term is frequently used in the context of copyright. United Kingdom For the purpose of section 221(2)(c) of the Income Tax (Trading and Other I ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ..., individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply ...
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Buenos Aires Convention
The Buenos Aires Convention (Third Pan-American Convention) is an international copyright treaty signed in Buenos Aires, Argentina, on 11 August 1910, providing mutual recognition of copyrights where the work carries a notice containing a statement of reservation of rights (Art. 3). This was commonly done with the phrase "All rights reserved" ( es, Todos los derechos reservados; pt, Todos os direitos reservados) next to the copyright notice. This implementation varied as US law only required the author and year of publishing. Copyright protection under the convention is granted for the shorter of the terms of the protecting country and the source country of the work (" rule of the shorter term", Arts. 6, 7). The rather vague nature of the requirement for a statement of reservation led to the development of longer and more legalistic wordings, which have persisted despite the developments in international copyright law. The convention is specifically retained by the U ...
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Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prote ...
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Pan-American Convention
The Conferences of American States, commonly referred to as the Pan-American Conferences, were meetings of the Pan-American Union The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos Estados Americanos, french: Organisation des États américains; ''OEA'') is an international organization that was founded on 30 April ..., an international organization for Free trade agreement, cooperation on trade. James G. Blaine, a United States politician, United States Secretary of State, Secretary of State and presidential contender, first proposed establishment of closer ties between the United States and its southern neighbors and proposed international conference. Blaine hoped that ties between the United States and its southern counterparts would open Latin American markets to US trade. History On 2 December 1823, President James Monroe delivered the 'Monroe Doctrine' which would eventually influence Secretary of State James ...
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North America
North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and the Caribbean Sea, and to the west and south by the Pacific Ocean. Because it is on the North American Plate, North American Tectonic Plate, Greenland is included as a part of North America geographically. North America covers an area of about , about 16.5% of Earth's land area and about 4.8% of its total surface. North America is the third-largest continent by area, following Asia and Africa, and the list of continents and continental subregions by population, fourth by population after Asia, Africa, and Europe. In 2013, its population was estimated at nearly 579 million people in List of sovereign states and dependent territories in North America, 23 independent states, or about 7.5% of the world's population. In Americas (terminology)#Human ge ...
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South America
South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere at the northern tip of the continent. It can also be described as the southern subregion of a single continent called America. South America is bordered on the west by the Pacific Ocean and on the north and east by the Atlantic Ocean; North America and the Caribbean Sea lie to the northwest. The continent generally includes twelve sovereign states: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela; two dependent territories: the Falkland Islands and South Georgia and the South Sandwich Islands; and one internal territory: French Guiana. In addition, the ABC islands of the Kingdom of the Netherlands, Ascension Island (dependency of Saint Helena, Ascension and Tristan da Cunha, a British Overseas Territory), Bouvet Island ( dependency of Norway), Pa ...
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Rule Of The Shorter Term
The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work. Fundamentals International copyright treaties such as the Berne Convention (BC) or the Universal Copyright Convention (UCC) work through national treatment: signatory countries agree to grant copyright to foreign works under their local laws and by the same rules they grant copyright to domestic works. Whether a work is eligible to copyright, and if so, for how long that copyright exists, is governed by the laws of the country where copyright on the work is claimed.Berne Convention: Article 5(2)''. Retrieved 2007-05-20. The Berne Convention and also the UCC define only the minimum requirements for copyrights that all signatory countries must meet, but ...
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International Copyright Act Of 1891
The International Copyright Act of 1891 (, March 3, 1891) is the first U.S. congressional act that extended limited protection to foreign copyright holders from select nations. Formally known as the "International Copyright Act of 1891", but more commonly referred to as the "Chace Act" after Sen. Jonathan Chace of Rhode Island. The International Copyright Act of 1891 was created because many people shunned the idea of literary piracy. It was the first U.S. congressional act that offered copyright protection in the United States to citizens of countries other than the United States. The act extended limited protection to foreign copyright holders from select nations. It was also important for American creators since they were more likely to have international copyright protection in countries that were offered the same protection by the United States. The Act empowered the President to extend copyright to works of foreign nationals. The act was passed on March 3, 1891, by the 51st ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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History Of Copyright Law
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well as the memory, discovery, collection, organization, presentation, and interpretation of these events. Historians seek knowledge of the past using historical sources such as written documents, oral accounts, art and material artifacts, and ecological markers. History is not complete and still has debatable mysteries. History is also an academic discipline which uses narrative to describe, examine, question, and analyze past events, and investigate their patterns of cause and effect. Historians often debate which narrative best explains an event, as well as the significance of different causes and effects. Historians also debate the nature of history as an end in itself, as well as its usefulness to give perspective on the problems of the p ...
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