"All rights reserved" is a phrase that originated in copyright law as part of copyright notices. It indicates that the copyright holder reserves, or holds for their own use, all the rights provided by copyright law, such as distribution, performance, and creation of derivative works; that is, they have not waived any such right. Copyright law in most countries no longer requires such notices, but the phrase persists. The original understanding of the phrase as relating specifically to copyright may have been supplanted by common usage of the phrase to refer to any legal right, although it is probably understood to refer at least to copyright.
In the past, the phrase was required as a result of the Buenos Aires Convention of 1910 which mandated that some statement of reservation of rights be made in order to secure protection in signatory countries of the convention. [1] It was required to add the phrase as a written notice that all rights granted under existing copyright law (such as the right to publish a work within a specific area) were retained by the copyright holder and that legal action might be taken against infringement.
Since copyright law is neither straightforward nor widely understood in its details – nor is the Buenos Aires Convention's previous requirement, and the current deprecation of the phrase, common or lay knowledge, it continues to hold popular currency and serve as a notionally-useful convention widely used by artists, writers, directors, photographers, designers, and other content-creators with the intention that it should function as both sign and warning that the content alongside which it appears cannot be copied freely. It is unclear, however, if the phrase has any legal effect in any jurisdiction. [2] In spite of this, its popular use continues.
The phrase originated as a result of the Buenos Aires Convention of 1910. Article 3 of the Convention granted copyright in all signatory countries to a work registered in any signatory country, as long as a statement "that indicates the reservation of the property right" (emphasis added) appeared in the work. [3] The phrase "all rights reserved" was not specified in the text, but met this requirement.
Other copyright treaties did not require this formality. For example, in 1952 the Universal Copyright Convention (UCC) adopted the © symbol as an indicator of protection. [4] (The symbol was introduced in the US by a 1954 amendment to the Copyright Act of 1909. [5] ) The Berne Convention rejected formalities altogether in Article 4 of the 1908 revision, [6] so authors seeking to protect their works in countries that had signed on to the Berne Convention were also not required to use the "all rights reserved" formulation. However, because not all Buenos Aires signatories were members of Berne or the UCC, and in particular the United States did not join UCC until 1955, a publisher in a Buenos Aires signatory seeking to protect a work in the greatest number of countries between 1910 and 1952 would have used both the phrase "all rights reserved" and the copyright symbol. [7]
The requirement to add the "all rights reserved" notice became essentially obsolete on August 23, 2000, when Nicaragua became the final member of the Buenos Aires Convention to also become a signatory to the Berne Convention. [8] As of that date, every country that was a member of the Buenos Aires Convention (which is the only copyright treaty requiring this notice to be used) was also a member of Berne, which requires protection be granted without any formality of notice of copyright. [9]
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.
Universal Copyright Convention (UCC) is an international instrument which was drawn up in 1952 under the auspices of UNESCO. The UCC was adopted in Geneva, Switzerland, in 1952, and enforced in 1955, is one of the two principal international conventions protecting copyright; the other is the Berne Convention.
All rights reversed is a phrase that indicates a release of a publication under copyleft licensing status. It is a pun on the common copyright disclaimer "All rights reserved", a copyright formality originally required by the Buenos Aires Convention of 1910. However Arnoud Engelfriet writes that "[t]he phrase ['All rights reversed'] by itself is not enough; a license must explicitly state the rights that are granted".
The Buenos Aires Convention is an international copyright treaty signed in Buenos Aires, Argentina, on 11 August 1910, providing mutual recognition of copyrights where the work carries a notice containing a statement of reservation of rights (Art. 3). This was commonly done with the phrase "All rights reserved" next to the copyright notice. This implementation varied as US law only required the author and year of publishing. Copyright protection under the convention is granted for the shorter of the terms of the protecting country and the source country of the work. The rather vague nature of the requirement for a statement of reservation led to the development of longer and more legalistic wordings, which have persisted despite the developments in international copyright law.
Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.
The copyright symbol, or copyright sign, ©, is the symbol used in copyright notices for works other than sound recordings. The use of the symbol is described by the Universal Copyright Convention. The symbol is widely recognized but, under the Berne Convention, is no longer required in most nations to assert a new copyright.
The sound recording copyright symbol or phonogram symbol, ℗, is the copyright symbol used to provide notice of copyright in a sound recording (phonogram) embodied in a phonorecord. It was first introduced in the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations in 1961. The United States added it to its copyright law as part of its adherence to the Geneva Phonograms Convention in 17 U.S.C. § 402, the codification of the Copyright Act of 1976.
In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.
The Copyright law of the Soviet Union went through several major revisions during its existence. The first Socialist copyright law was passed in 1925. Three years later, it was superseded by a second version that remained in force for more than three decades, until it was replaced in 1961.
The Berne Convention Implementation Act of 1988 is a copyright act that came into force in the United States on March 1, 1989, making it a party to the Berne Convention for the Protection of Literary and Artistic Works.
Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.
The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.
The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.
While no creative work is automatically protected worldwide, there are international treaties which provide protection automatically for all creative works as soon as they are fixed in a medium.Two of the most important international copyright treaties include the Berne Convention and the Universal Copyright Convention (UCC).
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights or makerright.
The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, also known as the Geneva Phonograms Convention, is a 1971 international agreement relating to copyright protection for sound recordings.
Copyright formalities are legal requirements needed to obtain a copyright in a particular jurisdiction. Common copyright formalities include copyright registration, copyright renewal, copyright notice, and copyright deposit.
The copyright law of the United States has a long and complicated history, dating back to colonial times. It was established as federal law with the Copyright Act of 1790. This act was updated many times, including a major revision in 1976.
The copyright law of Moldova regulates the copyright laws of Moldova. The first official decree related to copyrights in the country was made on 25 November 1991, shortly after its independence on 27 August of the same year. On 25 May 1991, the State Agency on the Protection of Industrial Property (AGEPI) was created, making it the second copyright agency in the country together with the State Agency for Copyright (ADA). In 1993, Moldova signed an agreement on cooperation in the protection of copyright and the related rights between it and other countries, all members of the Commonwealth of Independent States (CIS), which only came into force in 1999. By that time, Moldova had already created its official copyright law: Law No. 293-XIII, from 1994 but applied since 1995.