LibGuides: Copyright: International Copyright

About International Copyright

International Copyright

Copyright and its laws are not treated the same around the world. However, international treaties have harmonized copyright laws so that some of their principles have baseline characteristics among participating countries. For example, the Berne Convention established that copyright protections can last for the lifetime of its creator plus 50 years as a baseline for countries who signed the treaty (Smith, Gilliland, and Mackay, 2012).

International copyright and its related treaties are administered by Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) by the World Intellectual Property Organization (WIPO). See the links below for additional information about international copyright, and which agreements have been signed by the U.S.

International Copyright and Higher Education. Collaborations between institutions are common in higher education, including those among other countries. Copyright is territorial; this means copyright protections for a work depend on where it was created or published. This also means a work may not have the same copyright protections in one country as it would have in another. Instead, a work would be subject to the copyright laws of where it is being read, used, or otherwise accessed.

When they create or publish works while abroad, creators and scholars are subject to the copyright laws of the country where they are regardless of their nationality. For instance, the copyright protection for the work of an international FAU student would be defined under U.S. law if it is published here. Conversely, any work created and published by an FAU professor while on sabbatical abroad would be subject to its copyright laws.

Legal experts recommend that authors and creators of copyrighted works be aware of copyright or other relevant intellectual property laws of the U.S. or nations where they work, and to understand any contractual relationships they may have with collaborators based outside the U.S.

Source: Smith, K., Macklin, L.A., & Gilliland, A. (2012). Copyright for educators and librarians [Online course]. Coursera. https://www.coursera.org

Disclaimer: The FAU Libraries and its faculty, staff, and administration are not attorneys and cannot interpret the law. This information is provided for educational purposes only and does not substitute for advice from legal counsel.

Related Research Guides

Copyright (Research Guide)
Includes links to guides that cover fair use, public domain, Creative Commons, and more. This Research Guide also provides recordings, presentations, and handouts.
Legal Resources Research Guide (FAU)

Essential Information

International Copyright Relations of the United States (US Copyright Office)
Circular 38A of the U.S. Copyright Office.
World Intellectual Property Organization (WIPO) - Administrated Treaties
See WIPO's treaties on copyright protections under its intellectual property (IP) treaties.
WIPO Lex: IP Laws Collection Search
WIPO Lex is a global database that provides free of charge access to legal information on intellectual property (IP) such as treaties administered by WIPO, other IP-related treaties, and laws and regulations of the Member States of WIPO, the United Nations and the World Trade Organization.

International Treaties

The US participates in the following intellectual property treaties:

Berne Convention for the Protection of Literary and Artistic Works (WIPO)
The Berne Convention was influential in harmonizing or providing a baseline of various attributes in copyright law for participating countries.
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (WIPO)
This treaty provided basic guidelines for allowing copyrighted materials to be converted so they can be used by the blind, visually impaired or print disabled persons.
The Paris Convention (WIPO)
Also known as the Paris Convention for the Protection of Industrial Property, this treaty was a first major development in creating protections for intellectual works on an international scale.
Trade-Related Aspects of Intellectual Property Rights (TRIPS) - World Trade Organization
Information about the documentation, issues, and current developments on TRIPS. See WTO's Intellectual Property: Protection and Enforcement for its background.
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonographs Treaty (WPPT)

Does Global Copyright Law Exist? (Video)

Last updated on Aug 7, 2024 2:42 PM