Re: Re: What kind of pirate am I?

From: "Lee Passey" 
> 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/.
> 

Yes, Lee. Though I would say this reservation is standard for any country. A convention is not itself law, but membership carries the obligation to both recognise the copyright of other coutries, and their people, and to enact laws i nkeeping with the convention. That is why the retention of registration as a necessity for redress in the courts is an undermining of the Convention effects i nthe US,and something I bitterly criticise. Before you jump to criticise that position, realise that removing that feature would make it harder to go to court, not easier!

Joseph

Joseph Harris is Smile Poet
Mailing list [email protected]
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