Re: Enforcement of US Work in Foreign Country Under Berne

In most countries of the world including Australia there is simply no registration of copyright possible. It is a system that depends on proof of the facts if enforcement is sought. In practise this seems to work effectively in my some many years using the system. Hence the reply to your question is that yes, copyright is enforcable without registration in most countries opf the world. There are just a very few countries that still have a registration possibility and I think these include India and Canada but I am not aware of the relevance of registration in either of these jurisdictions. I would be most interested if someone had more information on this topic.
Howard Schulze
Collison and co
On 23/02/2005, at 8:15 AM, Mike Tucci wrote:

> 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
>
>
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Received on Wed Feb 23 2005 - 23:00:00 GMT