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Intellectual Property - International Law

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International law

In order to ensure that the rights of citizens with regards to their original works are not violated internationally, treaties and organisations have been established. This was done in the efforts of creating uniform standards of copyright practice and legal regulations between the countries that are members of the established threaties and organisations. “Under these treaties, the works of Australian creators are protected in certain countries according to the law of that country. Similarly, Australian law protects the works of nationals of certain foreign countries in the same way that it protects the works of Australians� (Copyright Agency Limited, 2004).

Of the various treaties and organisations that have been established to regulate copyright las between different countries, Australia is a member to as assortment, including the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention.

The Berne Convention of 1886 is host to more than 100 different countries. While the original works of the citizens of the assorted countries that are party to the convention are to be preserved by the convention, “some works of authors who are not nationals of Berne Convention member countries may also be protected of the work was first or simultaneously published in a member country. (Copyright Agency Limited, 2004).

It should also be noted that under the Convention, authors of works are given “certain exclusive rights, including making or authorising translation, reproductions and public recitation, and protection of moreal rights�. (Copyright Agency Limited, 2004).

In contrast, the Universal Copyright Convention (UCC) of 1952 “embodies the principle of national treatment, but not automatic protection� (Copyright Agency Limited, 2004) of original works unless they meet national standards first. Only the minimum and necessary rights are given to copyright owners from member countries under the UCC.

The 1967 Convention Establishing the World Intellectual Property Organization (WIPO) is also of special note as Article 2 (viii) defines intellectual property “to include the rights of : (2) performances of performing artists… and broadcasts; (3) inventions in all fields of human endeavor; and all other rights resulting from intellectual activity in the industrial, scientific, literacy and artistic fields.â€? (McKeough & Stewart, 1991).

In addition to the rights given to copyright authors in their respective countries, these conventions and organizations provide further protection of original works.


Sites to visit

Copyright Council

Copyright Agency Limited


References

  • Copyright Agency Limited. October 28, 2004. “Copyright Agency Limited: Authors, Artists, Publishers, Readersâ€?. Available: http://www.copyright.com.au Date Accessed: October 28, 2004.
  • Australian Copyright Council & Contributors. May 9, 2003. “Australian Copyright Council: Online Information Centreâ€?. Available: http://www.copyright.org.au/ Date Accessed: August 3, 2004.
  • Cornish. W. R. (1996) "Cases and Materials on Intellectual Property. Second Edition". London; England.: Sweet & Maxwell Ltd. ISBN 042153530X
  • Cornish. W. R. (1996) "Intellectual Property: Patents, Copyright, Trademarks & Allied Rights. Third Edition". London; England.: Sweet & Maxwell Ltd. ISBN 0421535202
  • Heath, Christopher & Kamperman Sanders, Anselm (Editors) (2001). "Intellectual Property in the Digital Age: Challenges for Asia." The Hague; The Netherlands.: Kluwer Law International. ISBN 9041198474
  • Lawrence Clapes, Anthony. (1989). "Software, Copyright and Competition: The "look and feel" of the law". Westport; Connecticut.: Greenwood Press, Inc. ISBN 0899305073
  • Rodriguez Pardo. Julian. (2003) "Copyright & Multimedia", The Netherlands.: Kluwer Law International. ISBN 9041189025



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