The
Universal Copyright Convention (or
UCC), adopted at Geneva
in 1952, is one of the two principal international
conventions protecting copyright; the
other is the
Berne Convention.
The UCC
was developed by United Nations
Educational, Scientific and Cultural Organization
as an alternative to the
Berne Convention for those states which disagreed with aspects
of the Berne Convention, but still wished to participate in some
form of multilateral copyright protection. These states included
developing countries and the Soviet Union
, which thought that the strong copyright
protections granted by the Berne Convention overly benefited
Western developed copyright-exporting nations, and the United States
and most of Latin
America. The United States and Latin America were
already members of a Pan-American copyright convention, which was
weaker than the Berne Convention. The Berne Convention states also
became party to the UCC, so that their copyrights would exist in
non-Berne convention states.
The
United
States
only provided copyright protection for a fixed,
renewable term, and required that in order for a work to be
copyrighted it must contain a copyright notice and be registered at
the Copyright Office. The
Berne Convention, on the other hand, provided for copyright
protection for a single term based on the life of the
author, and did not require registration or the
inclusion of a copyright notice for copyright to exist. Thus the
United States would have to make several major modifications to
its copyright law in
order to become a party to it. At the time the United States was
unwilling to do so. The UCC thus permits those states which had a
system of protection similar to the United States for fixed terms
at the time of signature to retain them. Eventually the United
States became willing to participate in the Berne convention, and
change its national copyright law as required. In
1989 it became a party to the Berne Convention as a
result of the
Berne Convention
Implementation Act of 1988.
Under the Second Protocol of the Universal Copyright Convention
(Paris text), protection under U.S.
Copyright Law is expressly required for
works published by the United
Nations, by U.N. specialized agencies and by the Organization of
American States
. The same requirement applies to other
contracting states as well.
Berne Convention states were concerned that the existence of the
UCC would encourage parties to the Berne Convention to leave that
convention and adopt the UCC instead. So the UCC included a clause
stating that parties which were also Berne Convention parties need
not apply the provisions of the Convention to any former Berne
Convention state which renounced the Berne Convention after 1951.
Thus any state which adopts the Berne Convention is penalised if it
then decides to renounce it and use the UCC protections instead,
since its copyrights might no longer exist in Berne Convention
states.
Since almost all countries are either members or aspiring members
of the
World Trade
Organization, and are thus conforming to the
Agreement on Trade-Related Aspects of Intellectual Property
Rights Agreement, the UCC has lost significance.
See also
References
External links