Enforcement of US Work in Foreign Country Under Berne

From: Mike Tucci <cafonelaw[_at_]hotmail.com>
Date: Tue, 22 Feb 2005 16:45:00 -0500

I know that Berne is designed to dispense with formalities so as to limit the barriers to enforcement in other Berne countries.  Can a US work which is not registered in the US be enforced ex-US in a Berne country?  Under US law, registration is a prerequisite to suit, so that work could not be enforced in the US.  What about overseas?  My research suggests that an unregistered work from the US could be enforced under Berne in a Berne country.  That result does not seem right to me.  Any thoughts?

 

Mike Tucci

Law Offices of Michael Tucci

Received on Wed Feb 23 2005 - 02:45:00 GMT

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