International Issues Governing Copyright

There is no law that protects an author's rights throughout the world. Copyright protection is defined by the national laws of whatever country protection against unauthorized use is sought. The United States is a member of several treaties and conventions which constitute an agreement among member countries to establish national laws regarding copyright. The major treaty, known as the Berne Convention, was signed by over 170 countries and sets minimum standards of copyright protection. Copyright in most countries lasts for the life of the author and 70 years after the author's death.

Under United States law, Section 104A of the Copyright Act restores copyright protection to international works that would have otherwise fallen into the public domain due to a failure to follow United States legal formality requirements. However, there is an exception to restoration in the United States for works that were in the public domain in their home country as of January 1, 1996. If such protection is restored the term is 95 years from the date of publication. 

Foreign Government Documents and Copyright

Many foreign governments claim copyright on their publications. International organizations such as the United Nations also claim copyright on their publications. For instance, Crown copyright is in use by many governments in the Commonwealth realms. Works produced by the governments of Australia, Canada, New Zealand, the United Kingdom are protected by copyright and not in the Public Domain like their counterparts from the United States.

Useful Online Resources