⚖️ International Conventions / Treaties on Copyright

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1️⃣ Introduction

• Copyright protection is not limited to India — works are often shared internationally.
• To protect creators’ rights across countries, international treaties and conventions exist.
• India is a member of key treaties, including Berne Convention, TRIPS, WIPO Copyright Treaty, etc.
• Purpose: harmonize copyright laws, prevent piracy, and ensure creators’ rights worldwide.

Easy way to remember: “Create → Protect → Globally Safe”

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🌿 2️⃣ Key International Conventions / Treaties

A. Berne Convention for the Protection of Literary and Artistic Works (1886)

• Administered by: WIPO (World Intellectual Property Organization)
• India joined: 1928
• Purpose: Protect literary and artistic works internationally.

Key Principles:

1. Automatic Protection – Copyright arises without registration.
2. National Treatment – Works from foreign authors get same protection as domestic works.
3. Minimum Standards – Covers literary, artistic, musical, and cinematographic works.
4. Moral Rights – Right to claim authorship and prevent distortion.

Exam Tip:

• Often cited in India to show automatic protection and moral rights principles.

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B. Universal Copyright Convention (UCC, 1952)

• Developed by: UNESCO
• Purpose: For countries outside Berne Convention, ensuring basic copyright protection.
• Key Principles:
  1. Provides minimum copyright protection globally.
  2. Offers national treatment for foreign works.
• Significance: India complies with basic principles through its Copyright Act.

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C. Rome Convention (1961)

• Purpose: Protects performers, producers of phonograms, and broadcasting organizations (neighboring rights).
• Key Points:
  1. Protects performers’ rights in concerts, recordings, and broadcasts.
  2. Producers of recordings get exclusive reproduction rights.
• Example: Singer or musician has rights over recorded performance, even if the song itself is already copyrighted.

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D. TRIPS Agreement (1994)

• Full form: Trade-Related Aspects of Intellectual Property Rights
• Part of: WTO framework
• Purpose: Standardize copyright laws for international trade.
• Key Provisions:
  1. Life of author + 50 years minimum protection.
  2. Includes literary, artistic, musical works, computer programs, databases.
  3. Enforces civil and criminal remedies for infringement.
• Significance: India had to amend Copyright Act 1994–2012 to comply.

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E. WIPO Copyright Treaty (1996)

• Purpose: Update Berne Convention for the digital age.
• Key Features:
  1. Protects works online and on the internet.
  2. Covers digital copying, streaming, and distribution.
  3. Addresses technological protection measures.
• Exam Tip: Often used to discuss copyright in cyberspace.

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F. Beijing Treaty on Audiovisual Performances (2012)

• Purpose: Protects performers in audiovisual media (films, videos).
• Key Features:
  1. Grants moral and economic rights to actors, singers, and performers.
  2. Ensures digital and global protection.

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🌿 3️⃣ Principles Common Across Treaties

1. Automatic Protection – Copyright exists from creation.
2. National Treatment – Foreign authors get equal rights.
3. Minimum Standards – Certain works and rights must be protected.
4. Moral Rights – Attribution, integrity, and reputation of author protected.
5. Economic Rights – Reproduction, distribution, performance, and adaptation rights.
6. Duration of Protection – Typically life + 50–70 years.

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🌾 4️⃣ Relevance to Indian Law

• India’s Copyright Act, 1957 (amended 2012) incorporates most treaty provisions.
• Aligns with:
  • Berne Convention (automatic protection, moral rights)
  • TRIPS (WTO compliance)
  • WIPO treaties (digital protection)
• Ensures Indian works are protected abroad, and foreign works are protected in India.

Example:

• Indian film broadcasted in the USA → protected under Berne and WIPO treaties.

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🌿 5️⃣ Key Case Laws Related to International Copyright Principles

Case	Year	Principle
Eastern Book Co. v. D.B. Modak	2008	Expression vs ideas, aligns with Berne principle of protection.
University of London Press v. University Tutorial Press	1916 (UK)	Copyright arises automatically (Berne principle).
Apple Inc. v. Samsung Electronics	2012 (International)	Protects design/software globally; reflects TRIPS/WIPO principles.
Oxford University Press v. Rameshwari Photocopy Services	2016	Exceptions/fair dealing, compliance with international copyright norms.

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🌾 6️⃣ Importance for LLB Students

1. Shows India’s law is globally aligned.
2. Explains automatic copyright protection without registration.
3. Highlights moral and economic rights internationally.
4. Useful for cyber law and digital copyright questions.
5. Helps answer exam questions on international treaties clearly.

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🌿 7️⃣ Conclusion (Easy to Remember)

• International treaties ensure creators are protected globally.
• India follows Berne, TRIPS, WIPO, and other conventions.
• Key principles: automatic protection, moral rights, economic rights, national treatment, minimum standards.
• For exams: “Create → Protect → Globally Safe” summarizes the idea.

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