Deck 16: International Copyright Law

Question 1

Identify the most significant difference between copyrighted works of U.S. origin and works originating in other Berne countries as to infringement actions.

Answer 1

Before a copyright infringement suit is brought for a work of U.S. origin, the work must be registered (or registration must have been sought and refused). Works originating in other Berne countries are exempt from this requirement to register the copyright before commencing an infringement action.

Question 2

Why did copyright in certain foreign works need to be "restored" under the Uruguay Round Agreements Act?

Answer 2

Certain works from other countries had fallen into the public domain in the United States because their authors failed to comply with formalities imposed by the United States, such as requiring a notice of copyright or the requirement to renew a copyright registration in a work at the time when the United States required such notice and renewal. Thus, these works were automatically restored.

Question 3

The ______ is an organization created in 1995, which serves as a forum for trade matters and cooperates with WIPO to provide assistance to developing countries with respect to their intellectual property laws.

Answer 3

World Trade Organization

Question 4

The principle under the Berne Convention that member countries must treat nationals of other countries as they do their own nationals for purposes of intellectual property is called _____.

Question 5

Countries that are members of the Berne Convention must adhere to certain minimum standards of protection relating to copyright but can provide additional or stronger protection if they wish.

Question 6

Treaties to which the United States is subject provide that copyrighted works are protected from infringement by any means, including electronic  means of infringement.

Question 7

All Berne member countries provide that works are protected under copyright automatically, without requiring notice of copyright or registration.

Question 8

The WIPO Copyright Treaty expressly states that computer programs are protected under copyright law as literary works.

Question 9

What was the most significant change made to U.S. law when the United States acceded to the Berne Convention in 1989?

Question 10

What does it mean to say that the U.S. Trade Representative has identified a foreign country as a "priority" country? What is the effect of such an identification?

Question 11

Once one obtains a U.S. copyright registration, one can use that as a basis under the Madrid Protocol to obtain registrations in foreign countries.

Question 12

During her years of studying abroad, Sarah bought several books published in England. She brought these back to the United States. May she rely on the first sale doctrine and sell them in the United States? Fully discuss.

Question 13

Copyright protection around the world is nearly identical in each country.