BERNE CONVENTION

Berne Convention



Berne Convention

Introduction

The importance of international copyright law is constantly increasing. The rapid technological development due to new species and works of literature and art are internationally protected primarily by the Berne Convention. For the copyright practice, an important question of how the subject matter of this international agreement is defined. An international definition of the content of the work concept encounters difficulties, because national copyright systems of the Contracting States today still are rooted in very different legal traditions.

The analysis of over 100 years old, repeatedly revised Berne Convention is based on the general rules of interpretation of international law, taking into account the characteristics of international copyright. The author developed a better solution proposal, which is also based on the author's interest in effective protection of their works. It presents the findings of the example of the international protection of phonograms.

Discussion

Legal aspects of geospatial information refers to the legal requirements and restrictions governing the use of geographic information, including information generated through geographic information systems (GIS). There are six key legal issues associated with geospatial information:

1. Liability (contract and tort)

2. Public access to, use, and ownership of geoinformation and geographic data

3. Intellectual property rights

4. Copyright

5. Spatial data privacy

6. Evidentiary admissibility of GIS products

Liability

Liability laws apply to organizations that use, sell, or give geographic information as well as to purveyors of GIS software. U.S. courts have held GIS providers liable and determined that they should bear some financial responsibility for damages if their actions result in mistakes that damage or harm others. Evolving case law deals with GIS such as aeronautical and navigational maps, subjecting them to product liability laws. State and local agencies that sell geographic information at a profit most likely face greater liability than agencies that disseminate the information at cost, release information according to Freedom of Information Act (FOIA) rules, or provide data for free.

Public Access and Data Ownership

Property rights are at the heart of issues related to law as these rights are related to the ownership of geographic information. In the case of geographic information, the owner of the data set also owns the copyright to the information; thus, ownership confers exclusivity of use and control of the information. The U.S. federal government cannot legally copyright the data it collects; furthermore, the FOIA requires that data sell for no more than the cost required to reproduce them. In contrast, U.S. state and local governments can legally own data, and some have used the sale of geographic information as a means to generate revenues. Records whose dissemination may pose a threat to national security may be withheld from use outside their originally intended purposes; however, the legal process permits individuals or organizations to petition for the release of withheld information.

Intellectual Property Rights

Intellectual property rights apply to several different fruits of intellectual labor: (a) original works of authorship, (b) functional inventions, (c) trademarks, and (d) trade secrets. Among these, it is the first, original works of authorship, that ...