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Yes, because of Berne you don’t need to register copyright, and your copyright applies in all countries that are signatories. But it’s still national copyright
by schrijver 3y ago
Yes, because of Berne you don’t need to register copyright, and your copyright applies in all countries that are signatories. But it’s still national copyright you are dealing with.
As a German publisher, if an Italian publisher distributes a counterfeit copy of your book in Italy, you are in your right to send a cease-and-desist, but under Italian law, which just happens to be similar to the German one (because they are both signatories to Berne). If the Italian publisher doesn’t comply and it ends up in a lawsuit, it is going to be a lawsuit in Italy.
If the Italian publisher also distributes the counterfeit book in Germany, you have standing to sue them in a German court (theoretically only for the copies distributed in Germany).
As to the length of copyright, it’s not relevant if it’s a foreign or domestic work (that’s actually the point of Berne!)—you have to apply the length of copyright of the country you are distributing in. For a long time Canada had the minimum death + 50 years, which is 20 years shorter than most common death + 70 years. This did not mean that Canadian authors got 20 years less internationally. Rather, it meant that Canadian publishers could distribute any work, whether domestic or internationally, 20 years earlier than most other countries… as long as they only published in Canada.
The Sonny Bono act similarly has no impact on the EU public domain, it was to prevent works to enter into the public domain in the US.
- noirscape 3y ago> The Sonny Bono act similarly has no impact on the EU public domain, it was to prevent works to enter into the public domain in the US. It does - the EU public domain law is "70 years after author death or, for a foreign work, the international copyright length, whichever is shorter", not "70 years after author death".
- schrijver 3y agoSource? There are no EU laws. There are only directives, that member states need to implement, just like they need to implement the treaties they are signatory to, in their local laws. This is a good overview of the different directives and treaties that affect the members: https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation https://digital-strategy.ec.europa.eu/en/policies/copyright-... I’ve never heard of “70 years after author death or, for a foreign work, the international copyright length, whichever is shorter”. It’s not in 93/98/EEC (that harmonised EU on 70 years)° or in the Berne Convention. But I’d be happy to be corrected. ° https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31993L0098&from=EN https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...