Berne only applies to _original_ literary and artistic works (though you won't find that stated in so many words: but Art 1 refers to the protection of authors in _their_ literary and artistic works, which must mean original to them).
As I understand it, Berne is intended to be about automatic copyright - ie no formalities - which I think is john's point: but Art 5(2) applies only to the rights to be granted to foreign authors under a member country's copyright law. So adherence to Berne doesn't mean (does it, anyone?) that the US can't still apply its requirements for deposit and notices to US citizens.
Well, I must leave the US law to others better qualified than I am. Automatic copyright works pretty well over here, though copyright owners are sometimes surprised that the law should be so generous to them. Judging whether a work is original or (essentially) merely copied is usually not too difficult: you don't need a register to enable you to determine when you are taking someone else's work.
Perhaps the answer to the dilemma lies in the fact that Wisconsin is a more spacious place than England.
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