The distribution of information is significantly increasing with the development of global electronic networks, challenging the enforcement of traditional authority and autonomy of nationally based systems of copyright law and regulations (Flew, 2002, p.157). Therefore the significance of numerous bilateral treaties, which aims to promote greater uniformity in the content of local copyright laws and regulations, has undoubtedly heightened (McKeough and Stewart, 1991, p.22). Many countries are dependent on international cooperation and coordination to secure reciprocal protection for the efforts of their own citizens (McKeough and Stewart, 1991, p.22). The Berne Convention, administered since 1886 by the World Intellectual Property Organisation (WIPO), has replaced numerous bilateral treaties and is argued to be the oldest international copyright agreement for protecting the expression of literary and artistic works (Jussawalla, 1992, p.6).
The main purpose of the Berne Convention is to protect the rights of authors in respect of literary and artistic work, intending that authors and successors in title should benefit from the protection offered (McKeough and Stewart, 1991, p.395). It has been revised several times, with changes made in order to accommodate the development of new technologies (McKeough and Stewart, 1991, p.394). However, on the other hand it is argued that their monitoring and enforcing systems have not changed to keep up to pace with these developments (Jussawalla, 1992, p.38). There are also limitations imposed on this Convention in relation to the exercise of rights where fair use is concerned and provisions for compulsory licences have been made (McKeough and Stewart, 1991, p.395).
Members in this Convention are known as the Berne Union (McKeough and Stewart, 1991, p.394) or as the International Union for the Protection of Literary and Artistic Works (Biegel, 2001, p.164-165). Nations agreeing to the Berne Convention have certain basic principles which are uniformed from one country to another, yet may still adopt inconsistent laws (Biegel, 2001, p.312). Under the Berne Convention, there is an agreement among each member nation to guarantee the works originating in other member countries the rights that its own laws grant to the works created in their own country (Encyclopaedia Britannica, 1990, p.149). Hence, this may restrict the protection to the extent the laws and regulations of that member nation (Encyclopaedia Britannica, 1990, p.149). In addition, this protection is automatic and not subject to any form of registration (McKeough and Stewart, 1991, p.395). Furthermore, the Rome revision of 1928, amended the term of copyright for most types of works to the life of the author plus 50 years (Encyclopaedia Britannica, 1990, p.149). However, it was also recognised that some countries may have a shorter term (Encyclopaedia Britannica, 1990, p.149).
In 1989, the United States adopted the Berne Convention after being the only western country not signed to the Berne Union (Biegel, 2001, 165). This Convention protects United State copyrights in 79 countries, of which 24 do not belong to the Universal Copyright Convention (UCC) (Jussawalla, 1992, p.72). Hence, in that year, it has been estimated that the United States saved a large part of the $2 billion loss from pirating of films and recordings (Jussawalla, 1992, p.72).
Biegel, S. (2001) Beyond Our Control? Confronting the Limit of Our Legal System in the Age of Cyberspace, Cambridge: Massachusetts Institute of Technology, ISBN 0262025043.
Encyclopaedia Britannica. (1990) Sydney: Encyclopaedia Britannica Inc
Flew, T. (2002) New Media: An Introduction, South Melbourne: Oxford University Press, ISBN 0195508599.
Jussawalla, M. (1992) The Economics of Intellectual Property in a World without Frontiers, New York: Greenwood Press, ISBN 031327620X.
McKeough, J. and A. Stewart (1991) Intellectual Property in Australia, Brisbane: Butterworths, ISBN 0409495719.
Weena Tan 15:07, 22 Oct 2004 (EST)
