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United Kingdom

• UK was first country to adopt copyright legislation: 1709 Statute of Anne

• The early UK copyright statutes including the UK Copyright Act of 1911 have been the basis for copyright laws in Commonwealth countries

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2

France

• Copyright is based on droit morale theory--both economic rights, and reputation of author is protected

• Rights of author = human right (rather than economic right)

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United States

• Copyright law based upon economic theory• Broad array of exceptions and fair use• Very limited moral rights

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Canada

• Combo of Anglo-American and European philosophies

• Economic rights, strong moral rights (but subject to waiver), limited exceptions (but may be growing)

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The Rule: National Treatment

• Apply your own country’s law– Example: When using work in the U.S., apply

the U.S. copyright law– When using U.S. works in Canada, apply

Canadian copyright law• National treatment is in the Berne

Convention

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Economic Rights• Countries have similar rights but may use

different terminology – Most copyright laws use terminology such as

“reproduction” and “public performance”• Digital license agreements from different

countries may use different terms; sometimes it’s best to use generic language

• “use of a work on the Internet” rather than “exhibition in public”

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Interpreting Moral Rights

• US: only for a “work of visual art” such as a painting,drawing, print, sculpture or photograph in a single copy of less than 200 signed and numbered copies

• EU: for all works, last in perpetuity• Canada: for all works, life+50, may be

waived

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Ownership

• Work for hire exists in the U.S.

• U.S.: Employer = author• Canada: Employer = owner (not author)

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What do the Differences Mean?

• If distributing content e.g., posting content on a Web site, be aware that other countries may have more or less rights

• For example, France has moral rights on all works that last in perpetuity

• If your content posted in Canada or Ireland is used in the U.S., then fair use may apply as a defence to the use of that content

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Duration of Copyright

• Berne: Life + 50• U.S., EU: Life + 70• Canada, China, Japan, Russia: Life + 50

• If you use a work in the U.S., need to clear for life+70, but if you use the same work in Canada, only need to clear for life+50

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Interpreting Exceptions

• Each country has interpreted Berne in a different way

• US is one extreme allowing for multiple copying for classroom use

• EU is the other extreme: few exceptions• Remember, you apply the law where the

work is being used

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Copyright Symbol + Registration

• Neither required in Berne• Is required in another copyright treaty, the

Universal Copyright Convention (UCC)• Use the symbol:

– © Lesley Ellen Harris 2014– © XYZ Inc. 2005 - 2014

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