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International Copyright on the Internet

“ The so-called ‘global information society', in which information is of increasing value and wide availability, poses increasing challenges to copyright. The Internet allows worldwide dissemination of works, which may have been uploaded without authority. However, resulting infringement, although very widespread, is often almost impossible to detect. Even where it is identified, enforcement of rights remains subject to questions of jurisdiction and cross-border enforcements.”

(Colston, C. and Middleton, K., Modern Intellectual Property Law, p.254)

Critically evaluate current international copyright agreements, conventions and treaties with regard to the effectiveness of their responses to these challenges.

 

Abstract

The main purpose and aim of this essay is to examine and critically assess the above quoted statement in relation to the current international copyright agreements, conventions and treaties with regards to the effectiveness of their responses to these challenges.

However, the fast growth of the Internet and technology has placed a great pressure and risk on the Intellectual Property Protection such as Copyright. Moreover, such information's, which are accessible on the Internet, are easily copied this is simply due to the reason of the cost of copying are low or free depending the information accessed and also copying is unidentified.

Therefore, the publishers or authors have responded to this action with more destructive enforcement of existing Intellectual Property Rights to cover and protect the information being easily copied.

Furthermore, assessing the fundamentals current issues in relation to the International Copyright agreements, conventions and treaties with regards to the effectiveness of their responses to these challenges. I will also review and glance through various journals, articles and many other forms of resources available to support this research.

 

Introduction

There are two major International Conventions, which are operated with in the Global System. The Berne Convention that is for the Protection of Artistic and Literacy work and Universal Copyright Convention. However, mainly European and Common Wealth countries fit in the Berne Conventions and United States is the only country, which fit in the Universal Copyright Convention.

Furthermore, the term International Copyright is refer to the collection of the Bilateral and Multilateral Agreements amongst the countries to protect the literacy and artistic works a part of Intellectual Property which includes books, films, musical compositions computer software and many other kinds of work outside their own boarders by harmonising their respective national copyright laws.

The World Trade Organisation (WTO) TRIPS Agreement, the Berne Convention, the WIPO Copyright Treaty and the Universal Copyright Convention formed the modern International framework for the copyright and its protection.

However, with the emergence of a global economy, these agreements do continue to take an increasing importance in establishing shared conceptions of the scope of Copyrights also ensuring the existence of measures to protect it. Moreover, they have been responsive to increase in modern technologies such as the Internet.

 

Current International Copyright Agreements, Conventions and Treaties

International copyright law is concerned with the interaction of two or more nations copyright systems. However, each country has its own method of recognising, granting and protecting copyrights. Therefore, the individual involved nation or country copyright laws must be considered. For example, some countries do not have the intellectual property laws.

Although, others countries grant more protections than the United States provides in relation to the Copyright. However, there is no such thing as an International Copyright, which unconditionally protects the work throughout the world. However, the level of protecting the work is entitled to in a particular country depending on the law of that nation.

Furthermore, International law also involves in International Agreements, which is also known as Conventions or Treaties that may simplifies the International Copyright Law by providing the shared conditions for International Copyright recognition.

However, these agreements may also require the signatories to it to alter their domestic laws in order to comply with the terms and conditions of the International Agreement.

Most of the countries in the world have entered into one or more treaties by which they undertake to protect within their national boundaries the copyrights of foreign authors. Furthermore, the principle of a multilateral Copyright Agreements to which the United States was part of Buenos Aires Convention, The Universal Copyright Convention.

Moreover, through out the year 1891 to 1955 United States entered into a series of Bilateral Copyright Agreement and also one major Multilateral Agreement. Within the Buenos Aires Convention United States and further seventeen Latin American Countries are the parties provided that once the work obtains Copyright protection in any member nation.

Therefore all other member countries will extend automatically copyright protection without requiring any other forms of formalities other than the declaration on the work or information where the Intellectual Property Rights are reserved.

Although, the Universal Copyright Convention (U.C.C.) came into existence partly because of the need of United States for the Multilateral Copyright Agreement, where as at the time Copyright Act 1909 was still in force. However, making impossible for the United States to become the member of the Berne Convention.

The principle requirement was that any countries, which are in agreement to national treatment of a foreign copyrighted work. Therefore, it will extend to foreign copyright work published in foreign countries also the same copyright protection that they continue to work of their own national first published in their own territory.

Furthermore, in 1955 the Universal Copyright Convention (U.C.C.) came into force for United States and went through a major reconsideration in 1971 in order to take into account certain considerations for the Developing Countries.

In 1955 which many of the Developing Countries has not been existed as an independent nations. Indeed, countries that are part of the Berne Convention, the Universal Copyright Convention (U.C.C.)

Therefore it includes a Berne Safe Guard, which provides any country, that is not part of the Berne Convention could criticise that convention and choose to rely on Universal Copyright Convention (U.C.C.) for copyright related matters.

Current Copyright Issues and Development of the Internet

The growth of the modern technology and Internet holds a huge opportunity for exchanging the valuable information or work around the world. However, these developments are threats or dangerous to the owners or authors of Intellectual Property Rights. Valuable Information or a Work, which is transmitted and exchanged all over the world, can easily be modified, copied and further disseminated at a low or cost free.

Traditional concepts of the ways, which Intellectual Property Rights in this information is created and infringed, are under attack. Furthermore, underlying these challenges and reasons for the existence of those rights in the first place. Intellectual property protection has grown historically by ways of balance and counter balance between the competing interests.

Moreover, these crises are also illustrated in a number of situations being played out by the different factions who has a particular interest in the Internet. The major concern and problem for the development of the Internet is growing regulation. National, Regional, and International regulation bodies are deciding to issue new regulation on how the Internet should run and be regulated.

Indeed, the National regulatory bodies are concerned because the Internet has a major effect on their information that they might consider to edit it. For example any information, which is, published on the Internet without the authors or owners concerns, they can remove from being published on the Internet.

 

Protecting Information

The Digital Millennium Copyright Act of 1998 was passed in response to the reality that the World Wide Web has made it very simple and cost free to obtain any information which copyright protected such as books, music albums, graphics design or any information etc.

Copyright owners are facing significant threats of having their valuable information or work being copied and distributed at a cost free to a large number of audiences instantly and violation of their rights.

The expansion of the Internet has proved to be the greatest challenge to the Copyright Law. There is a misunderstanding that any information or work available on the Internet is fair game for any use by the web servers or the society.

 

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