Re: Does U.S. and foreign copyright law have contradictory goals?

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Tue, 17 Sep 1996 21:46:55 -0700 (PDT)

On Mon, 16 Sep 1996 johnl[_at_]ibm.net wrote:
>
> Would that goal be at cross purposes with the goals that other countries
> see for copyright law? I note that most European materials that I have
> seen on copyright stress the author's rights as the end goal of copyright.

I've often thought that. The adoption of the life+50 regime with the 1976 Act was a clear step away from the "limited times" contemplated by the Constitution, in preparation for adherence to Berne and Berne's members' view of copyright as an author's natural property right.

Likewise, I think the copyright notice served an excellent purpose: anyone can have a copyright, provided he or she makes a claim of it. But this is abhorrent to the European view, in which the property right  is inherent in the work's creation, and for whom the idea that one must declare one's copyright in order to perfect an interest in it must seem absurd.

--
Terry Carroll       | "In a professional sports league game played in the
Santa Clara, CA     | United States, the head referee ... shall ... in the
carroll[_at_]tjc.com     | event of conflicting calls, review instant replay to
Modell delenda est  | determine the correct call." - House Bill H.R. 3096
Received on Wed Sep 18 1996 - 04:49:17 GMT

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