Article Talk

Copyright is the right to copy and publish a particular work. The terms "copy" and "publish" are quite broad. They include copying in electronic form, the making of translated versions, the creation of a television program based on the work, and putting the work on the Internet. A work is protected by copyright if it is a literary or artistic work. This general expression covers almost all products of creative and original effort. Copyright protects only the specific expression of an idea, not the idea itself. A collection of facts may be copyrighted if there was creative activity involved in compiling the collection. Several countries provide separate protection for collections of facts that qualify as "databases", but that provision is not considered copyright. Copyright protection is automatic upon creation of the work. In some countries, registration with a copyright office has additional benefits, such as the ability to sue, or to receive more money in damages. When a work's copyright term ends, the work passes into the public domain.

Worldwide map of copyright term length

Signatory states of the Berne Convention

The Berne Convention stipulates that the duration of the term for copyright protection is the life of the author plus at least 50 years after their death. For some categories of works, the minimum duration is shorter: for example, the minimum term for applied art is 25 years, movies have a minimum term of 50 years. Most countries have opted for a longer term of protection, as permitted.

Under the Convention, the duration of copyright depends on the length of the author's life. Berne specifies that copyright exists a minimum of 50 years after the author's death, while a number of countries, including the European Union and the United States, have extended that to 70 years after the author's death. A small number of countries have extended copyright even further, with Mexico having the lengthiest term at 100 years after the author's death.

In 1989, the Berne Convention became effective in the U.S. Since that date, U.S. authors obtain copyright on their works automatically, with registration no longer required. However, many U.S. texts on copyright have not been updated and still echo the old registration principle.

Copyright registration remains available in the U.S. To initiate a lawsuit against an infringer, registration is still required. Registration offers the potential of statutory damages from the infringer, rather than only actual damages.[clarification needed]

All countries within the European Union are signatory states of the Berne Convention. Additionally, Copyright in the European Union is regulated through European Directives.

The member states of the European Union have, following a directive, increased the term to life of the author plus 70 years after their death. Although this was not the original intention, the extension applies retroactively; this had the effecto of works that had ended up in the public domain because the author was dead for 50 years receiving an additional twenty years of protection.

European countries follow the principle that copyright protection is granted automatically upon creation of the work. This principle was first established in the Berne Convention (1886), and Article 5 of the Convention expressly forbids any member country to require formal action for copyright protection.

Countries and respective copyright terms, with length of standard copyright in years are listed. Entries for non-country entities are included: the European Union, Berne Convention, and the Universal Copyright Convention, which set minimum terms for their member states or signatories. The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), though not included, requires a copyright length of at least 50 years after death.

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