Simultaneous Publication (Berne & Non-Berne)

Appendix N Circular 92, from the U.S. Copyright Office . . .

“The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 deleted the definition of ‘Berne Convention work’ from section 101.”

What’s a Berne Convention work?  Let’s start with “What’s the Berne Convention”?  Well, here you go: Berne Convention.  Basically, it’s an international agreement recognizing the intellectual property rights of non-nationals, if the domicile country of those non-nationals also commits to the protection of intellectual property rights.  Already, darn it, right?  But these things take time, apparently.

Anyway, back to Circular 92, in pertinent part:

“The definition of Berne Convention work, as deleted [meaning, apparently, that the following leftovers still apply], is as follows:

“A work is a “Berne Convention work” if —

“(1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the Berne Convention, or in the case of a published work, one or more of the authors is a national of a nation adhering to the Berne Convention on the date of first publication; [[right, fine]]”
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“(2) the work was first published in a nation adhering to the Berne Convention, or was simultaneously first published in a nation adhering to the Berne convention and in a foreign nation that does not adhere to the Berne Convention; “ [[right, we’ll honor and protect your rights, even if you collaborate with pirates, so long as you’re not a native of a pirate country working alone.]]

“For purposes of paragraph (1), an author who is domiciled in or has his or her habitual residence in, a nation adhering to the Berne Convention is considered to be a national of that nation.”

[[Well, there you go. Songwriters should not habitually reside in a non-Berne Convention country, no matter how great the climate.  Non-Berne Convention countries are few, but perhaps include, without limitation: Afghanistan; Ethiopia; Iran; Iraq; and Taiwan (this last country surprises this author, so someone correct me if I have this wrong, please).]]

“For purposes of paragraph (2), a work is considered to have been simultaneously published in two or more nations if its dates of publication are within 30 days of one another. “[[So, if a songwriter worries that a new song may not automatically benefit from Berne Convention protections, the songwriter can arrange for the song to be published in a “safe” country, pronto.]]

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