Key Differences Between US and International Copyright Law

Moral Rights
Countries other than the US recognize protection of an author’s moral rights in addition to those listed in US §106. Moral rights recognize the author’s parental and dignitary rights, associated with the author’s right to control what others do to their works or how their name is used.

To ensure compliance with international treaties, the US added §106A 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 author’s 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 author’s moral rights.

Fair Use
The fair use defense to copyright infringement under §107 of US copyright law is much broader than international fair use provisions. International fair use exemptions tend to be more specific in nature.