Document Type

Article

Publication Title

Santa Clara Computer & High Tech Law Journal

Publication Date

2010

Page Number

185

Keywords

copyright, Copyright Act of 1909, formalities, Berne Convention, Berlin Conference

Disciplines

Intellectual Property Law | International Trade Law | Law

Abstract

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) Act of the Convention in remembered in par-ticular for the introduction of a broad prohibition against formalities concerning the "exercise and enjoyment" of copyright. 1909 was also just one year before a new copyright bill was brought before the Brit-ish Parliament. This Copyright Act, finally adopted in December 1911 and which entered into force in July 1, 1912, greatly influenced laws in many countries, including Australia, Canada, Israel, New Zealand, Nigeria, and South Africa. In this Essay, I situate the Berlin Act within the framework of the evolution of the Berne Convention from 1886 until the current 1971 Act and explore the role played by the United States, not as much as a participant in the Berlin Conference but by the way its actions influ-enced the actions of others. To this end, I discuss sequentially the emergence and evolution of the Berne Convention, and then two areas worthy of deeper analyses when considered against the back-drop of the 1909 Act, namely the prohibition against formalities and the rule imposing retroactive application of the Convention.

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