Re: Re: What kind of pirate am I?

On Sun, October 17, 2010 4:29 pm, joseph harris wrote:

> I agree brenna, but I would point out taht the US *is* supposed to be a
> Berne country.

True, but be careful about relying too heavily on this proposition. See
Title 17 USC Appendix II:

<blockquote>
Berne Convention Implementation Act of 19881
Sec. 2. Declarations.

The Congress makes the following declarations:

(1) The Convention for the Protection of Literary and Artistic Works,
signed at Berne, Switzerland, on September 9, 1886, and all acts,
protocols, and revisions thereto (hereafter in this Act referred to as the
“Berne Convention") are not self-executing under the Constitution and laws
of the United States.

(2) The obligations of the United States under the Berne Convention may be
performed only pursuant to appropriate domestic law.

(3) The amendments made by this Act, together with the law as it exists on
the date of the enactment of this Act, satisfy the obligations of the
United States in adhering to the Berne Convention and no further rights or
interests shall be recognized or created for that purpose.
</blockquote>

In the United States if there is any conflict between Federal statutes and
the Berne convention (there can be no state statutes due to the doctrine
of preemption), U.S. law prevails. Because I live in the U.S., and do not
engage in international commerce (heck, I don't even engage in national
commerce) I can safely ignore the provisions of Berne /in toto/.



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