© Crown copyright 2016
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: email@example.com.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/protecting-your-uk-intellectual-property-abroad/protecting-your-copyright-abroad
Usually, protection of your copyright work abroad will be automatic in the same way UK protection works.
The UK is a member of several international conventions in the field of copyright:
- Berne Convention for the Protection of Literary and Artistic Works
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
- World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty (WPPT)
- WIPO Copyright Treaty (WCT)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Copyright material created by UK nationals or residents and falling within the scope of one of these conventions is automatically protected in each member country of the convention by the national law of that country.
Most countries belong to at least the Berne Convention and/or TRIPS which is a World Trade Organisation (WTO) agreement. The TRIPS Agreement obliges WTO members to comply with the Berne Convention (although some least developed countries have until 2021 to bring this into effect).
The Rome Convention and the WPPT provide some protection for performers, producers of sound recordings and broadcasters, while the WCT enhances certain protection provided by the Berne Convention. The number of countries that are members of these conventions is more limited than Berne/TRIPS.
A list of countries that belong to the different conventions is available from the World Intellectual Property Organisation (WIPO) and the WTO (for TRIPS). Most countries (including all European states) belong to the Berne Convention and/or TRIPS.
The Berne Convention provides that works will receive automatic protection without formality. However, you may choose to mark your work with the international © symbol, followed by the name of the copyright owner and year in which the work was created. In some countries (such as the USA), there is an official register of copyright which you might want to use, although registration is not an essential condition for copyright to subsist in any Berne/TRIPS member country.
2. International and European law
The European Commission have introduced several directives and regulations relating to copyright. These have been implemented by the UK and can be found in the table below.
|14 May 1991||Council Directive91/250/EEC||On the legal protection of computer programs|
|19 November 1992||Council Directive92/100/EEC||On rental right and lending right and certain rights related to copyright in the field of intellectual property|
|27 September 1993||Council Directive93/83/EEC||On the coordination of certain rules concerning copyright applicable to satellite broadcasting and cable transmission|
|29 October 1993||Council Directive93/98/EEC||Harmonising the term of protection of copyright and certain related rights|
|11 March 1996||Directive96/9/EC||On the legal protection of databases|
|22 December 1994||Council Regulation3295/94||Measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods|
|20 November 1998||Directive98/84/EC||On the legal protection of services based on, or consisting of, conditional access|
|25 January 1999||Council Regulation241/1999||Measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods|
|22 May 2001||Directive2001/29/EC||On the harmonisation of certain aspects of copyright and related rights in the information society|
|27 September 2001||Directive2001/84/EC||On the resale right for the benefit of the author of an original work of art|
|29 April 2004||Directive2004/48/EC||On the enforcement of intellectual property right|
|12 December 2006||Directive 2006/115/EC||On rental Right and Lending Right and certain rights related to copyright in the field of intellectual property|
|12 December 2006||Directive 2006/116/EC||On the term of protection of copyright and certain related rights (codified version)|
|27 September 2011||Directive 2011/77/EU||Amending Directive 2006/116/EC on the term of protection of copyright and certain related rights|