RE: Re: Re: Enforcement of US Work in Foreign Country Under Berne

If I understand you correctly, can we really expect other countries to enforce our laws in their respective countries. Hence, they would have one set of laws for for their own citizens and hundreds of other laws to enforce (and learn) for the thousands (millions?) of visitors from hundreds of other countries. For example, if someone from a country that still has laws allowing for stoning came to America and committed a crime, we would have to stone him. Maybe that's not such a bad idea :)

Sincerely,

Robert Panzer

VAGA (Visual Artists and Galleries Association) 350 Fifth Avenue
Suite 2820
New York, NY 10118
tel: 212 736 6666
fax: 212 736 6767
rpanzer[_at_]vagarights.com

  -----Original Message-----
  From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of Mike Tucci   Sent: Wednesday, February 23, 2005 1:00 PM   To: CNI-COPYRIGHT -- Copyright & Intellectual Property   Subject: [CNI-(C)] Re: [CNI-(C)] Re: Enforcement of US Work in Foreign Country Under Berne

  Thanks for the response. What does not seem right to me is that the US national could not enforce the copyright in his home country (because it is not registered), but he could enforce it in France. It's as though Berne gives US copyright owners enhanced rights in other countries.

  Mike Tucci

>From: Terry Carroll <carroll[_at_]tjc.com>
>Reply-To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
<CNI-COPYRIGHT[_at_]cni.org>
>To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
<CNI-COPYRIGHT[_at_]cni.org>
>Subject: [CNI-(C)] Re: Enforcement of US Work in Foreign Country Under
Berne
>Date: Tue, 22 Feb 2005 17:00:01 -0500
>
>On Tue, 22 Feb 2005, 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?
>
>It seems right to me.
>
>Berne limits the restrictions that the a country can put on nationals of
>other countries, but not its own. So, while the US is permitted to
>require registration prior to a US national filing suit, it is not able
to
>impose the same requirements on non-US nationals.
>
>Similarly, another country would not be able to impose that requirement
on
>a US national.
>
>

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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Fri Mar 04 2005 - 23:35:56 GMT