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How and Why the U.S. Finally Joined the Berne International Copyright Convention
Published online by Cambridge University Press: 21 July 2009
Extract
On October 31, 1988, in a ceremony at the Beverly Hilton Hotel attended by Congressmen and members of the artistic community. President Reagan signed the 1988 Berne Convention implementation Act. This Act allowed the United States to join the international Berne Convention lor the Protection of Literary and Artistic Works as of March, 1989. Although the Act somewhat expands the availability of U.S. copyright protection to European atilhors, it affects U.S. authors' rights even less, practically speaking. Perhaps that explains why only three major U.S. daily newspapers, The New York Times, The Washington Post, and Los Angeles Times, briefly mentioned this historic moment for the internal ional copyright environment. This article explores why and how the U.S. has joined the Berne Convention after more than 102 years, and the effect that this will have un the availability of U.S. copyright protection to foreign authors. Before considering the technical consequences of the Berne Convention Implementation Act, we give a brief overview of two relevant international copyright treaties and their major differences.
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- Copyright © Foundation of the Leiden Journal of International Law 1989
References
1. Los Angeles Times. Nov. 1, 1988, Home Edition; Now York Times, Nov. 1,1988, Late City Final Edition; The Washington Post, Nov. I. 188, Final Edition.
2. See also Lalmun, A., Lalnum's I lie Copyright Low MM-307 (Slh Edition) arut Auser's Guide to Copyright 65–67 (2nd Rdilion).Google Scholar
3. Art. 3 (4), Bcrnc. Convention.
4. Art.3 (3), Bcrnc Convention.
5. Art. 6-bit, Bcrnc Convention.
6. Art. S (2), Bcrnc Convention.
7. See U.S.C. s(s). 205,411(a),and 412.
8. This point was the subject of much debate during passage of the Act by the U.S. Congress. Some legislators cited the Berne Treaty itself for this proposition. Others cited the clause of the U.S. Constitution, Art. I (8), granting Congress exclusive jurisdiction over copyright law. To eliminate any uncertainty, the Act has specific provisions which state that the Rerne Convention is given effect only under provisions of U.S. law, and that the provisions of the convention itself are not enforceable in any U.S. court action. See 134 Cong. Rec. S14549.50.
9. S.1301 and H.R.4262, 100th Cong., 2nd Sess., 134 Cong. Rcc. S16939 (daily ed. Oct. 20,1988).
10. 134 Cong.Rcc.H 10095 (daily cd. Oct. 12.1988), and the text of the Beme Convention Implementation Act of 1988 (the Act) reproduced therein at H10091–94, and at 134 Cong. Rec. S14549–51 (daily ed. Oct. 5, 1988).
11. Id.. See (3) (b) of the Act, stating that the provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of Untied Suites obligation thereunder, do not expand or reduce any right of an author of a work, whether claimed undci Pederal, State or common law (I) to claim authorship of the work; or (2) to object to any distortion, ordilation or other nodification of, or other derogatory action in relation lo the work ihiii would prejudice the author's honour or reputation.
12. s. 3(a)(2) of (he Act: “The provisions of the Berne Convention shall not be enforceable in any action brought pursuant to (he provisions of the Berne Convention itself”.
13. Nimmcr, M.B and D. Nimmer, Nimmer on Copyright, par.8.21, (vol. 2, 1988).Google Scholar
14. 538 F.2d 14(2d Cir. 1976).
15. 134 Cong. Rcc H 10036(daily ed.,Oct. 12, 1988).
16. 134 Cong. Rcc S 14557–59 (daily ed., Oct.5, 1988).
17. 17 U.S.C. 401(a), as amended.
18. 134 Cong. Rcc. H 10098 (daily ed., Oct. 12, 1988).
19. Id..
20. 134 Cong. Roc. S 14557–59 (daily ed., Oct. 5, 1988).
21. 134 Cong. Rcc. S 14558 (daily ced., Oct. 5, 1988).