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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

A Mumbai music label finds that its songs, first published in India, are being copied in another country that is a member of the Berne Convention. Which Berne principle most directly lets the label claim protection there without any registration formality?

Under the Berne Convention, copyright protection is automatic and does not depend on registration or other formalities. A work first published in a member country gets national treatment in other member countries, so the label can claim protection abroad without registering there.

  1. AProtection is automatic, with no formality required for enjoyment and exercise of rightsCorrect
  2. BProtection arises only after registration in each member country
  3. CProtection lasts only 5 years unless renewed
  4. DProtection applies only to works of nationals of that country

Explanation

Berne provides national treatment and says enjoyment and exercise of copyright shall not be subject to any formality, so protection is automatic. The registration-based option is wrong because Berne forbids formalities as a condition.

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