Re: Re: 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

Correct. Each country must give what is called national treatment to citizens of other countries and must give at a minimum what Berne requires. So the US makes things worse for its citizens in the US through registration requirements than it does for citizens from elsewhere. This is ok -- the US just cannot treat foreign citizens worse than its own citizens.

Same is true under the national treatment doctrine elsewhere. So France must give the US citizen the same rights or rights no worse than it gives its own citizens.

Thus one could well not be able to sue in the US and still be able to enforce the copyright elsewhere. So, yes, Berne, coupled with national treatment, does give US citizens rights in foreign countries as to copyright enforcement than they would have in the US.

BUT, and this is a big deal, the substantive rights are not identical. The US can and does protect things that are not protected elsewhere and vice-versa. And the scope of protection and the right for damages and injunctions and such vary substantially around the world. So the rights are not better in all cases outside the US.

Steve

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
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