In addition to harmonizing protection and

to some small degree limitations and exceptions there are a couple

of other things we should know about these treaties.

One is probably the most important thing.

Is the principle that they enact called National Treatment?

I think, in many ways,

that's the key when we're asked questions about international law.

National Treatment is a provision or a principle in these treaties

that says that the citizens of any signer nation,

all those 186 members of the WTO or whatever it is.

Citizens of any signer nation receive exactly the same treatment in any

country as citizens of that country.

So if I go to Brazil, as a copyright holder

I get the same protection in Brazil that a Brazilian citizen does.

And when the Brazilian citizen comes to the United States,

she gets in the United States exactly the same protection that I'm entitled to.

So that gives you some clear [LAUGH] it's kind of clear as mud.

>> [LAUGH]. >> But some clear example of how

the various laws interact.

And that basic principle of

national treatment is the foundation of these agreements.

On the other hand,

one thing that is awkward is determinations of the public domain.

>> Very true.

>> Because even though

the term of protection is set at a minimum of life of the author plus 50 years,

countries have had very different histories of how they protect.

There are countries that have odd little provisions so

France stops the term of protection for

a period of years for people who are veterans of World War I or World War II,

which essentially gives them a longer term of protection then everybody else.

So there are a lot of little quirks like that in different national laws and

we have to account for those, in making public deter,

public domain determinations about foreign works.

So that's just something to be aware of.

There's no easy answer to that, it's in fact very complicated.

But it's important to note that what has not been harmonized, is there is no

set rule in every country for when something goes into the public domain.

In spite of that, I think it's true that there are more similarities than

differences now, in the national laws of these 180-some countries who have agreed

to the to the TRIPS Agreement and through it to the Berne Convention.

The International Implications, Part 2