1 United Kingdom UK was the first country in the world to adopt copyright legislation: 1709 Statute of Anne The early UK copyright statutes including the UK Copyright Act of 1911 have been the basis for copyright laws in Commonwealth countries Slide Deck #3

2 France Copyright is based on droit morale theory-- both economic rights, and reputation of author is protected (called moral rights) Rights of author = human right (rather than economic right) Thus, France (and European Union countries) are most protective of creators’ rights Slide Deck #3

3 United States Copyright law based upon economic theory Broad array of exceptions and fair use Very limited moral rights Slide Deck #3

4 Canada Combo of Anglo-American and European philosophies Economic rights, strong moral rights (but subject to waiver), limited exceptions (but may be growing) Major amendments in 2012 may have shifted the balance of Canadian copyright law Slide Deck #3

5 Economic Rights Countries have similar rights but may use different terminology –Most copyright laws use terminology such as “reproduction” and “public performance” Digital license agreements from different countries may use different terms; sometimes it’s best to use generic language “use of a work on the Internet” rather than “exhibition in public” Slide Deck #3

6 Interpreting Moral Rights US: only for a “work of visual art” such as a painting,drawing, print, sculpture or photograph in a single copy of less than 200 signed and numbered copies EU: for all works, last in perpetuity Canada: for all works, life+50, may be waived Slide Deck #3

7 Ownership Ownership of a copyright work is another area that differs from country to country Work for hire exists in the U.S. U.S.: Employer = author Canada: Employer = owner (not author) Slide Deck #3

8 Duration of Copyright Berne: Life + 50 U.S., EU: Life + 70 Canada, China, Japan, Russia: Life + 50 If you use a work in the U.S., need to clear for life+70, but if you use the same work in Canada, only need to clear for life+50 Slide Deck #3

9 Interpreting Exceptions Each country has interpreted Berne in a different way US is one extreme allowing for multiple copying for classroom use EU is the other extreme: few exceptions The principle of national treatment can help you out…see next slide! Slide Deck #3

10 The Rule: National Treatment Apply your own country’s law –Example: When using work in the U.S., apply the U.S. copyright law –When using U.S. works in Canada, apply Canadian copyright law National treatment is in the Berne Convention Slide Deck #3

11 Summary: What do the Differences Mean? If distributing content e.g., posting content on a Web site, be aware that other countries may have more or less rights For example, France has moral rights on all works that last in perpetuity If your content posted in Canada or Ireland is used in the U.S., then fair use may apply as a defence to the use of that content Slide Deck #3