International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

§ 4
PROTECTIBILITY OF FOREIGN
WORKS

As a rule, a country's obligation to protect foreign works—a work by a foreign national, for example, or a work first published in another country— will turn on the terms of its copyright relations with the country in which the work originated. Only rarely, and selectively, will a country extend copyright or neighboring rights protection to a foreign work in the absence of some general or reciprocal treaty relationship with the work's country of origin. One example is the unconditional and universal extension, as in France and Germany, of protection for at least some of an author's moral rights.1 Another is the U. S. Copyright Act's protection of unpublished works without regard to the author's nationality.2

The first step in determining whether, and to what extent, a work will be protected in a particular country is to determine the requirements that the country's legislation imposes as a condition to protection and, if the governing treaty is self-executing, to determine the requirements imposed by the treaty. If the work in question was created or published before the effective date of the applicable legislation or treaty, it will often be necessary to inquire as well into the requirements for protection imposed by statute or treaty at the earlier time.3

____________________
1
See France, Intellectual Property Code Art. L 111-4 (rights of attribution and integrity); Germany, Copyright Act Art. 121(6) (rights of attribution, integrity, and disclosure).
2
1976 U. S. Copyright Act § 104(a).
3
On the methodology to be employed in these cases, see § 4.1.1.4, below.

-123-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
International Copyright: Principles, Law, and Practice
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 618

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.