Copyright and the World Treaties and the Future

Copyright and the World Treaties and the Future American Library Association March 12, 2020 Kenneth D. Crews Gipson Hoffman & Pancione (Los Angeles) Previously: Indiana University and Columbia University

Why International Copyright? �Copyright ◦ ◦ ◦ Activity Crosses Borders. Transmissions Internet Communications Purchases and Sales Library Lending and Services Agreements and Publications �Copyright as a Cultural Benchmark. �International Agreements shape US Law.

Copyright Instruments ◦ Berne Convention ◦ Universal Copyright Convention ◦ WTO and TRIPs ◦ WIPO Treaties (1996) ◦ Marrakesh Treaty (2013) ◦ EU Directives ◦ Bilateral Agreements (FTAs) ◦ Regional Agreements (TPP, etc. )

Example: Berne Convention �Origins: 1886 �Membership: 176 �Principal Effects: ◦ “National Treatment” of foreign copyrights ◦ “Harmonization” of copyright law

National Treatment �TRIPs, Art 3: National Treatment “Each Member shall accord to the nationals of other Members treatment no less favourable than that it accords to its own nationals…. ”

The Structure of Copyright �Which works are Eligible for Protection? �How do you Get Protection? �How long does the Protection Last? ◦ What is in the Public Domain? �Who is the Copyright Owner? �Are my uses an Infringement? ◦ Or are they Fair Use? ◦ Or something better than Fair Use?

Harmonization of the Law �The ◦ ◦ ◦ Major Substantive Themes: Scope of Protectible Works Formalities and Requirements Duration of Protection Rights of Owners Exceptions and Limitations Enforcement and Remedies

Berne, Article 5(2) The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work.

Berne, Article 7(1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.

Berne, Article 9(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.

The Role of WIPO �World Intellectual Property Organization ◦ Agency of the United Nations ◦ Administration of Multiple IP Treaties �Berne Convention �WIPO Copyright Treaty �WIPO Performances Treaty �Marrakesh Treaty ◦ Member States: 192 ◦ Exceptions beginning 2005

Red: No Library Exception Green: General Exception Only

The WIPO Studies SCCR 35, November 2017 Standing Committee on Copyright and Related Rights Available: www. wipo. int Search for SCCR/35

Thank You! Kenneth D. Crews www. twitter. com/kcrews www. alastore. ala. org