How to Enforce Your Artwork’s Copyright Under International Law

Midjourney’s take on Warhol

The Berne Convention for the Protection of Literary and Artistic Works[1] is an international treaty that establishes minimum standards for copyright protection. It provides creators with automatic copyright protection without the need for formal registration or other formalities. While the Convention does not have a specific enforcement mechanism, its provisions can be enforced through various means:

1. Domestic Legislation: Member countries[2] are required to implement the provisions of the Berne Convention into their national laws. Each country may have its own copyright laws and enforcement mechanisms to protect the rights of creators. Therefore, enforcing the Berne Convention typically involves utilizing the copyright laws and enforcement procedures of individual member countries.
2. Legal Remedies: The Convention provides creators with legal remedies for copyright infringement. These remedies may include civil actions, such as injunctions, damages, and accountings, which can be pursued through the domestic courts of member countries. Copyright owners can seek legal recourse against infringers and assert their rights under the provisions of the Convention.
3. International Cooperation: The Convention encourages international cooperation among member countries to enforce copyright protection. Countries can collaborate on investigations, share information, and exchange best practices to combat cross-border copyright infringement. Mutual assistance and cooperation can enhance the enforcement of copyright laws and strengthen protection for creators.
4. WIPO Dispute Resolution: The World Intellectual Property Organization (WIPO) provides a platform for resolving copyright disputes through its arbitration and mediation services.[3] Parties involved in a copyright dispute can opt for alternative dispute resolution methods offered by WIPO to settle their disputes outside of court. WIPO’s services can be used to resolve conflicts related to the Berne Convention.
5. Diplomatic Pressure and Sanctions: In cases where a member country fails to fulfill its obligations under the Berne Convention, diplomatic pressure can be exerted by other member countries. They can use diplomatic channels to encourage compliance and may impose trade sanctions or other measures against non-compliant countries. These actions can put pressure on countries to enforce copyright protection in line with the Berne Convention.

It’s important to note that enforcement mechanisms may vary from country to country, and the effectiveness of enforcement depends on the commitment of member countries to uphold their obligations under the Convention.

1. The Berne Convention https://www.wipo.int/treaties/en/ip/berne/
2. Member countries The Berne Convention : List of countries — Copyright (copyright-australia.com)
3. Alternative Dispute Resolution (wipo.int)