Copyright 2015 Theresa Harvard Johnson
(Disclaimer: I am not an attorney, therefore I am unqualified to offer legal advice. I am a skilled, trained researcher who seeks to help creative people get to the heart of their issue. This article represents these ongoing efforts.)
Is there such thing as an international copyright that provides blanketed protection around the world? The answer to this question is no.
According to the United States Copyright Office, there is no such thing as an “international copyright that will automatically protect an author’s writings throughout the world.”[1] Copyright protection laws are completely governed by the laws of each specific country.[2] In other words, every country establishes their own copyright law.
For the ambitious scribe or artist, this means that just because you copyright your work here in the United States, does not necessarily guarantee that it is protected in another country. While this sounds negative, there is some good news that may be of benefit to those who are looking for more info in this area.
Over the years, the United States has made significant strides in establishing mutual “copyright relations with most countries throughout the world.”[3] Simply put, this means that if that respective country agrees to honor copyrights established in our country then we will, in turn, honor theirs.
While this offers some hope, scribes and artists must be prepared to conduct “due diligence” in checking to see if the country they are considering releasing their work into has such a relationship with the United States. Then, if it does, they need to investigate to see exactly what is covered. The document listing the treaties that currently exist, how to identify exactly what is protected and the process of recourse that can be initiated in that country is, at least to some degree, here in this downloadable PDF:
International Copyright Relations of the United States, Circular 38a
While United States copyright law protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture, the treaties within these countries may have slight variations. In one instance, I saw a digital rights copyright treatise relating to music in one country; but nothing pertaining to books. It is imperative that the scribe or artist does not overlook this possibility in their search.
Other areas that will influence copyright between the United States and the countries in which relationship exists, include the national origin of the work and issues of liability as noted in Circular 38a. No assumptions should be made in regard to how “copyright law” plays out without obtaining proper legal counsel.
In short, be aware that international copyright between the United States and other countries in no way indicates that copyright law is interpreted the same everywhere.
There are some excellent, credible resources on the web that are worth investigating if you are interested in learning more about international copyright treaties — or even the necessity of them. Within Voices of Christ, we encourage scribes and artists to be informed as much as possible about issues affecting their projects. If your inquirity is a serious one, you should consult an intellectual property attorney who works specifically with literary/creative projects.
Here are some of those resources:
- Key Treaties & What They Protect, Moral Rights & Fair Use (University of Washington’s Copyright Connection)
- How does International Copyright Law work? (Bradley Arant & Boult Cummings, LLC)
- Find Local Intellectual Property Attorneys
- Copyright Advisory Association (Columbia University)
- Copyright Clearing House
