Copyright Qs & As: International Copyright Issues

11.1 Question: If I live in a country where the duration of copyright is life+50 (as in Canada), rather than life+70 (as in the U.S. and EU countries), for what duration do I need to obtain permission for works being posted on my Web site?

Answer: Since works on a Web site are accessible from around the world, it is best to clear permission for life+70 years for all works. If you are accessing any of the works in Canada, let’s say, permission is only necessary for life+50 (even for U.S. or EU works), however if those same works are accessed from a U.S. Web site, then permission for life-70 may be necessary (assuming the works will be available for that length of time.) (2007-1)

11.2 Question: What is the role of the WIPO treaties on copyright law (www.wipo.org) and how do they govern copyright in each country?

Answer: WIPO administers a number of copyright treaties however these treaties do not govern the copyright law in any country. Rather, the countries who adhere to these treaties must include the minimum standard of copyright protection in these treaties. For instance, the Berne Convention specifies 50 years after an author’s death as the minimum duration of copyright protection. Each Berne member country must protect copyright works for at least 50 years, but may do so for longer, as in the U.S., for 70 years. (2007-2)

11.3 Question: Do I need to register copyright in each country where I want to claim copyright protection?

Answer: No. If a work is protected by copyright in your own country (assuming the country is signatory to the Berne Convention), then the work is protected in all Berne Convention countries. No additional steps including registration are necessary to obtain protection. Note that registration is not mandatory in Berne Convention countries. A list of Berne Convention countries is at: www.wipo.int. (2007-3)

11.4 Question: What is the leading copyright treaty?

Answer: The Berne Convention for the Protection of Literary and Artistic Works which currently has 164 members (as of 22 March 2011.) (2011-1)

Be Sociable, Share!
Wednesday, March 17th, 2010 at 16:15
  • Debra Cashion
    Dec 8th, 2010 at 20:07 | #1

    Q: I would like to know whether a work published in Japan without date but probably in 1927 is in the public domain. There are two authors, the father who died in 1927 before the work was finished and the daughter who finished it and died only recently in 2009. Thank you for your suggestions.

  • Lesley
    Dec 8th, 2010 at 21:06 | #2

    Hi Debra, it depends on where you are using the work. So if you are using it, ie copying it, in Canada, then you apply the duration in Canada, which would be 50 years after the life of the last living author.

  • Gaurav
    Jan 12th, 2012 at 13:34 | #3

    Hi Lesley, I would like to know if I will be infringing on copyright by creating my own online version of a popular board game? The copyright for that game is registered in the US, but I want to make and release this web based game from India. Also, my game would have a lot of additional features and changes, and would obviously have a different media (Web vs. board game), will be called something else and will have entirely different art work/graphics. I will add a lot to this game but the basic idea of ‘building a team in a city using a map and a few transit points on the map’ will remain the same.

    Please advise. Thanks for your help.

  • Lesley
    Jan 29th, 2012 at 13:48 | #4

    Hi Gaurav, that is not a simple yes or no answer. There is both copyright and trademark (and even sometimes patent) protection in various parts of a board game. Usually, the board game has protection in any countries in which it is available either through automatic protection in Berne Convention countries for copyright, or through registered trade marks in various countries. Although inspiration for your online game may be okay, copying any elements is not. This may be a fine line.

Leave a comment

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>
*