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The 1909 Copyright Act in International Context

dc.contributor.authorGervais, Daniel J.
dc.date.accessioned2014-01-21T13:37:24Z
dc.date.available2014-01-21T13:37:24Z
dc.date.issued2010
dc.identifier.citation26 Santa Clara Computer & High Tech. L.J. 185 (2010)en_US
dc.identifier.urihttp://hdl.handle.net/1803/5872
dc.description.abstractThe passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) Act of the Convention in remembered in par-ticular for the introduction of a broad prohibition against formalities concerning the "exercise and enjoyment" of copyright. 1909 was also just one year before a new copyright bill was brought before the Brit-ish Parliament. This Copyright Act, finally adopted in December 1911 and which entered into force in July 1, 1912, greatly influenced laws in many countries, including Australia, Canada, Israel, New Zealand, Nigeria, and South Africa. In this Essay, I situate the Berlin Act within the framework of the evolution of the Berne Convention from 1886 until the current 1971 Act and explore the role played by the United States, not as much as a participant in the Berlin Conference but by the way its actions influ-enced the actions of others. To this end, I discuss sequentially the emergence and evolution of the Berne Convention, and then two areas worthy of deeper analyses when considered against the back-drop of the 1909 Act, namely the prohibition against formalities and the rule imposing retroactive application of the Convention.en_US
dc.format.extent1 document (30 pages)en_US
dc.format.mimetypeapplication/pdf
dc.language.isoen_USen_US
dc.publisherSanta Clara Computer & High Technology Law Journalen_US
dc.subject.lcshCopyright -- United States -- Historyen_US
dc.subject.lcshCopyright, International -- Historyen_US
dc.subject.lcshUnited States. Copyright Act of 1909en_US
dc.titleThe 1909 Copyright Act in International Contexten_US
dc.typeArticleen_US
dc.identifier.ssrn-urihttp://ssrn.com/abstract=1604184


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