Evidence of Copyright Protection under International Copyright Treaties

Copyright law is a set of rights belonging to authors and other rights owners (performers, producers, broadcasters …). Copyright laws provide procedures in cases of infringement of exclusive rights, protection of rights of remuneration, and, in some jurisdictions, provide moral rights. These laws offer protection to the holder of the copyright, whether the rights belong to the author, a third party, or holders of related rights.

In countries that have signed the main international copyright treaties, such as the Berne Convention, the registration in the national copyright services is voluntary. Enrollment in a public registry is not mandatory to acquire a copyright or to obtain the protection that laws grant to authors and other copyright holders. However, registration does serve to protect those rights, since they create a “iuris tantum”: rebuttable presumption of the existence of those declared rights.

Since international copyright treaties do not require formal requirements to protect the authorship and exploitation rights of works (which generally last for the creator’s lifespan plus 70 years), judges will assess all the evidence presented in case of conflict to resolve the competing rights, whether the evidence comes from public records or not.

Therefore, a private copyright registration has the same effctiveness and the advantage of offering evidence of authorship as public registration would in deterring plagiarism – in many cases free of charge – and has the advantage of generating the strongest technology based global evidence, immediately available and transparent online information, which facilitates interaction between rights holders and the users of the works.

If you want to know more about the Berne Convention you might visit this link:
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

Also you might be interested into reading some of the following articles:

Effectiveness in Spain (in Spanish): http://es.safecreative.net/2009/02/24/eficacia-juridica-y-probatoria-de-las-inscripciones-en-el-registro-de-safe-creative/
In Mexico (in Spanish): http://es.safecreative.net/2011/06/06/validez-como-prueba-del-registro-safe-creative-en-mexico/
In Argentina (in Spanish): http://es.safecreative.net/2011/05/16/%C2%BFes-posible-el-registro-de-obras-en-internet-validez-de-safecreative-en-argentina/
In the USA: http://en.safecreative.net/2009/04/06/legal-and-evidential-effectiveness-of-inscriptions-in-safe-creative%e2%80%99s-register/
Register your works in USCO with Safe Creative: http://en.safecreative.net/2011/06/07/register-your-works-in-the-u-s-copyright-office-from-safe-creative/

Text based in other by Juan Manuel Mielgo García from www.libargo.com with CC by-nc-sa license
Modified and translated by Mario Pena with CC by-nc-sa license

Here more information about rights: http://www.safecreative.org/work/1109270148319

  2 comments for “Evidence of Copyright Protection under International Copyright Treaties

  1. January 24, 2013 at 4:21 pm

    Hi Douville. I’m sorry but I’m afraid I don’t understand exactly wha tyou need. Tell me if my following answer doesn’t help: We are not directly involved with Google+ pages. To fix something on that side you need to contact them. I’m sure the will help you.
    Also, as heir to your father’s authorship rights, and assuming the are no more heirs, you have the right to explote them and deny others to exploit them if not license has been granted. Anyway, the best thing you can do is discuss this with a lawyer.

  2. January 23, 2013 at 6:06 pm

    There is a big mixed up occured with somes peoples who try seems to be volontarely to mixed up everything in order to evoid me to appear as “potential “ayant droit” with my Father Rights Author composer ,I suspect those peoples to might be a thief all those right authors in some way whatsoever and doing everything to wiped out my revelent…I talk about a musician names François Vermeille aliase Onésime Grosbois appear besides the fact he is absolutaly ignored by his own Labe “Barclay-France through Universal but still into website records sales on line, as Price Ministers//Discogs//Amazon//Virgin and all bunch wholesale website likewise…I try to make a page about my Dad Artistic carrieer on Google +, and I found mixed up “profil” with Homonym and so on…Can you do something about it…?!

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