At 07:49 PM 12/3/2000, Danny Yee wrote:
Lizard wrote:
Really? Doesn't the Berne convention override national laws?
Probably, yes. Does that mean national copyright laws only apply to their own citizens/residents? What happens in the case of dual citizenship? And does place of publication come into it?
In most cases, national laws are altered to bring them 'in line' with treaties. (All treaties.) This has been an issue in the US, where the SC has ruled that a treaty cannot violate the constitution...or, rather, that it doesn't matter WHAT Congress agreed to, the Constitution will trump any laws passed to institute it. That this might somehow change is a favorite paranoia of a loony right. (And, were it likely to occur, it would be a justifiable paranoia...it would allow the legislature to do an end-run around the Bill of Rights. For example, the US as it stands CANNOT ban 'hate speech' from US-hosted servers, even if Europe pressured them into signing a treaty to do so.)