Sv: Questions regarding restoration of copyright in certain foreign works under GATT

-----Oprindelig meddelelse-----
Fra: Devaney, MJ <MDevaney[_at_]randomhouse.com> Til: Multiple recipients of list <cni-copyright[_at_]cni.org> Dato: 28. oktober 2000 05:29
Emne: Questions regarding restoration of copyright in certain foreign works under GATT

>I have two (unrelated) questions about the requirements for restoration of
>copyright in certain foreign works under GATT.
>
>The first one is, can anyone tell me how one might go about determining if a
>foreign work was imported to the US within 30 days of publication in the
>source country? (I'm assuming that the the requirement that the work not be
>published in the US within 30 days of its publication in the source country
>applies to foreign works that weren't published in the US but imported
>instead, but maybe that's wrong?).

>

Yes - that is wrong!
There is no requirement that the work should be imported the statute simply speaks about work "published".

>The second one is, if a work wasn't copyrighted in the US because at the
>time of first authorized publication in the US the work wasn't in copyright
>in the source country, but then at a later date the work became copyrighted
>in the source country, then is the work subject to restoration of copyright
>in the US?

What do you mean by "it was not copyrighted in the source country" ?

For countries adhering to the Berner Convention the works is "copyrighted" when created by the author providing the work is original. Please remember no formalities are requested for protection by members of the Berner Convention.

>
>Many thanks in advance,
>MJ Devaney
>Random House, Inc.
>New York, NY
>

Calle Østergaard Received on Mon Oct 30 2000 - 10:48:06 GMT