Re: FLASH: Copyrights

[John Croteau]

Hi Jason,


> I was very interested by this reply. There is an enormous difference between

> "Anglo-Saxon" copyright  law and "Latin / European" law. French law is probably

> the strongest here. In France anything you produce / create is considered to be an

> inalienable part of your soul. You cannot sign away that right. If you sign a

> contract whereby the copyright passes over entirely to someone else, that contract

> is void and all rights come back to you. 

This is actually not totally true anymore, as a signer of copyright

treaties the French have given up this absolute right. There is a moral

right that varies widely in extent and this protect the rights of the

original copyright owner even after a sale. Also, just as US copyright

law has been modified by treaty so has the law in France, if not the

enforcement. There are strick rules that can be applied to protect their

copyright but legally they can sell their indivual copyright ownership

but just like in the US if all the dots are not in the right place an

indivual's sale of copyright can be reversed.


The French yelled and screamed but they signed and the Berne treaty (and

others)  created a much more unified code of copyright worldwide with

almost all major countries signing. There were major compromizes and

changes in copyright law on both sides of the Atlantic. If you look at

the US Copyright laws posted on the Web you will see references to

treaties that void certain portions of US law.


TITLE 17 Chapter 3 Section 301 of US copyright law:

"(e) The scope of Federal preemption under this section is not affected

by the adherence of the United States to the Berne Convention or the

satisfaction of obligations of the United States thereunder."


http://www.loc.gov/copyright/circs/circ1.html

http://lcweb.loc.gov/copyright/circs/circ1.html#icp

http://www.wipo.org/eng/iplex/index.htm


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John Croteau

croteauerols [dot] com (mailto:croteauerols [dot] com)

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