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WIPO Copyright Treaty Discussion Paper

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Copyright Law

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Copyright Law
Copyright is a type of intellectual property that protects the legal right of an author over
their literary or artistic creations. It was first legislated in the United States during the 17th
century (Balganesh, 2019). The constitution states that “Congress shall have the power . . . To
promote the Progress of Science and useful Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings and Discoveries.” It was reviewed and
updated multiple times; the latest comprehensive revision was in 2014 (Balganesh, 2019).
Copyright law promotes the progression of sciences and arts through the protection of an author’s
rights. Copyright protects an author’s literary or artistic works against any unauthorized use of
that work. It includes the unauthorized use, copying, and claiming of artistic works. Copyrighted
works can be categorized into different types. These types vary according to the nature of the
works (Balganesh, 2019). These include literary, musical, artistic, dramatic artistic works.
Regulations might vary from one country to another.
History of Copyright
The Statute of Anne, established in England in 1710, was the world’s first copyright
legislation. A new idea of copyright ownership was adopted in this Act, and the protection
conditions were established (Balganesh, 2019). Immediately after this Act, copyrighted
publications had to be placed in designated copyright repositories and filed at Stationers’ Hall.
Regarding original works, there was no inherent copyright infringement. Even while copyright
legislation arose in other nations, such as the Copyright Act of 1790 in America, it wasn’t until
the 19th century that copyright legislation was organized internationally (Balganesh, 2019).

When the Berne Convention was created in 1886, the goal was to establish worldwide standards
for copyright protection and allow reciprocal acknowledgment of copyrights across countries.
By signing the Berne Convention, nearly every nation has abolished the necessity to
register works individually (Balganesh, 2019). As a result of this treaty’s acceptance by the
United States in 1988, nearly all big nations are now covered. The Berne Convention is still in
effect and serves as the foundation of international copyright law. The passage of the Berne
Convention resulted in a major shift in copyright law, extending copyright protection to
previously unpublished writings and eliminating the need for registration (Balganesh, 2019). A
person or the company they work for owns the copyright to a work they make as long as it is
documented in any form, whether written down, drawn, or filmed in nations that adhere to the
Berne Convention.
While the ratification of the Berne Convention has provided substantial advantages to
original work authors, the mechanisms for safeguarding unpublished writings remain scattered
globally, with some nations giving voluntary registration services inside their territory, while
others do not (Balganesh, 2019). It might be hard to determine who is the legitimate owner of
copyrighted material without certification. National registration agencies may be unwilling to
assist in a conflict involving a different country. Through its Copyright Registration Service, the
Intellectual Property Rights Office aimed to establish a single worldwide point of deposit for
unpublished works from all over the world (Balganesh, 2019). The objective is that all citizens of
Berne Convention countries will be able to register simultaneously.
Fair Use of Copyright
The right to utilize copyrighted material under various circumstances with no copyright
owner’s consent is fair use (Mazzone, 2020). The model safeguards against a meticulous

execution of copyright guideline, which would hinder similar originality that the legislation is
destined to inspire. It permits one to use and expand upon preceding works so that they do not
unlawfully violate previous copyright holders of their rights to regulate and benefit from their
works (Mazzone, 2020).
Fair use is a legal concept enabling the utilization of copyright-protected material without
permission under specific situations (Mazzone, 2020). This section of the Copyright Act creates
and describes various uses as illustrations of fair use, including critiques, remark, news reporting,
learning, investigation, and experimentation, which may qualify as fair use under Section 107 of
the Act. A copyrighted work’s nature, quantity, and importance are all taken into account when
determining whether or not a piece of it may be utilized for commercial or non-profit educational
reasons in a given instance (Mazzone, 2020). The impact of the usage on the copyrighted work’s
possible market or worth.
Copyrighting a Work
Any work is protected by copyright at the moment it was created. As the holder of the
copyright, they have the right …


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