Przystąpienie Stanów Zjednoczonych do Konwencji Berneńskiej
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Date
1990
Authors
Kępiński, Marian
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
United States Accession to the Berne Convention
Abstract
The author presents main features of the Berne Convention Implementation
Act of 1989. That law changed substantially the provisions of the Copyright Act of
1976, in particular those which dealt with formalities. Remaining formalities such
as copyright notice, copyright registration and deposit of the work with the
Copyright Office are, generally speaking, of permissive nature i.e. they are not
conditions of copyright protection. However, there are aways advantages of
complying with these formalities. The second area (where the American concept of copyright needed evaluation
in connection with U.S. accession to the Berne Convention was the protection of
moral rights. American legislator adopted the minimalistic approach to that issue.
It meant that no moral rights provisions were needed in the Copyright Act because
general copyright laws and other statutes provided its effective protection. That
view is somewhat confusing to the continental lawyer. The author reviews the
protection of the right to paternity and the right to integrity and presents attemps
to amend the Copyright Act by senator Kennedy and representative Kastenmaier
who both intended to introduce the protection of moral rights for the authors of
visual works.
The article ends with the chronology of Polish-American copyright relations.
These may be subdivided into three periods: 1) from Febr. 16, 1977 to March 9, 1977
— when mutual protection of works was based on formal reciprocity; 2) from
March 9, 1977 to March 1s t, 1989 — when protection was based on the UCC; 3) from
March 1s t, 1989 — when protection is based on the Berne Convention.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 52, 1990, z. 3-4, s. 53-70