Key Differences Between US and International Copyright Law
Countries other than the US recognize protection of an authorís moral rights
in addition to those listed in US ß106. Moral rights recognize the authorís
parental and dignitary rights, associated with the authorís right to control
what others do to their works or how their name is used.
To ensure compliance with international treaties, the US added ß106A to the
Copyright Act, but its scope is arguably narrower than the moral rights protected
in other countries. It provides the right to:
- Claim authorship for a work
- Prevent the use of the authorís name on any work not created
by the author
- Prevent intentional distortion or mutilation that prejudices
the authors honor or reputation
- Prevent the destruction of famous works
Unlike under international law, in the United States moral rights can be transferred
just the same as the copyright. In addition, the duration under US law is different.
US law also seems to allow for waiver of an authorís moral rights.
The fair use defense to copyright infringement under ß107 of US copyright law
is much broader than international fair use provisions. International
fair use exemptions tend to be more specific in nature.