This document summarizes Cayce Myers' presentation on how international intellectual property laws affect public relations practice in the digital age. The presentation covered key differences between U.S. copyright law and laws abroad, implications for PR practitioners working internationally, and emerging issues at the intersection of social media and copyright. International copyright is governed by individual nations' laws and international treaties. Enforcement of judgments abroad and pursuing infringement claims can be difficult for U.S. practitioners. Social media platforms also present new copyright challenges both domestically and globally.

1. SESSION B: Public Relations and Intellectual Property:
How International IP Laws Affect PR Practice in the
Digital Age
Cayce Myers
Chief Legal Research Editor, Institute for Public Relations
Assistant Professor, Virginia Tech University
@CayceMyers
@instituteforpr
#IPRBridge18

2. Public Relations and Intellectual
Property: How
International IP Laws AfFect PR
Practice in the Digital Age
Cayce Myers, Ph.D., LL.M., J.D., APR
Virginia Tech
Department of Communication
Legal Research Editor Institute for PR
mcmyers@vt.edu
@CayceMyers

3. Basis of Presentation
• How does U.S. copyright law differ from copyright
law abroad?
• When do I have to pay to use copyrighted material?
• How can I be sued for copyright infringement?
• How can I sue for copyright infringement?

4. Overview of Presentation
• U.S. Copyright Law
• International Copyright Law
• International Copyright Treaties and Agreements
• Issues Between U.S. and non-U.S. Copyright Law
• Implications for Public Relations Practitioners

5. Who’s Affected by
Copyright?
• For-profit institutions
• Individuals
• Employees, interns, and volunteers can cause their
organization to be subject to liability
• Non-Profits
• If a person within a non-profit uses the organization to
profit from his or her personal copyright of the material
then inurement issues may arise, which can affect non-
profit status.

6. What is Copyright?
• Original work: very low standard but cannot be “scene
of faire” such as the idea of the villain or hero.
Remember that copyright originality means that you can
have a strong or weak copyright.
• Fixed in a tangible medium: this means the concept
cannot just exist in your mind. It has to be put down on
paper, in film, on a tape recorder, in digital form.
Something that makes its permanent. That doesn’t mean
the tangible medium cannot ever disintegrate (like rotting
paper) it just means the concept needs to be put down
somewhere.

7. Other forms of Intellectual Property
• Copyright
• Trademark
• Trade Dress
• Patent
• Trade Secrets

8. Trademarks
• Trademark is a broad concept that basically means
that there is a word, symbol or device that is
identified with a product.
• Trademarks are created by an organization and
usually are registered with the U.S. government
Patent and Trademark Office.
• Unlike patents or copyright, trademark lasts forever
if the organization keeps their possession of the
trademark known.

9. Non-Copyrightable Items
“any idea, procedure, process, system, method of
operation, concept principle, or discovery, regardless
of the form in which it is described, explained,
illustrated, or embodied in such work.”
Source: 17 U.S.C. §102(b)

10. Copyrightable Material
Literary works
Musical works
Dramatic works
Pantomime and choreographic works
Pictorial works
Graphic Works
Sculptural Works
Motion Pictures
Audio Recordings
Architecture
Source: Source: 17 U.S.C. §102(a)(1)-((8)

11. Copyright Rights
• Reproduction rights
• Derivative works
• Distribution
• Performance
• Display
• Digital Display

12. Copyright Duration
• Under U.S. federal law there are two copyright statutes at play: Copyright Act
of 1909 and Copyright Act of 1976
• Duration of modern copyright post-1978 is Life of the author plus 70 years.
This is from the 1976 Copyright Act.
• Duration of copyrighted material with no author/work for hire is 120 years from
creation or 95 from publication.
• Pre 1976 copyrighted material have two types of duration. Under 1909 Act the
duration was 28 years and then another 28 years if the copyright holder filed a
renewal. If the copyright holder was still under their first 28 years in 1976 their
renewal was for an additional 67 years.
• Works prior to 1923 typically are in public domain and have no federal
copyright protection. (Note: Some state copyright laws may still protect the
works)
For a discussion of copyright duration see Duration of Copyright published by the
U.S. Copyright Office, https://www.copyright.gov/circs/circ15a.pdf.

13. Copyright Infringement
• The elements for copyright infringement are:
• The plaintiff owns the copyrighted work
• The defendant (infringer) had access to the plaintiff’s
work (this can be proved by how popular a work is)
• The two works are substantially similar.
In an infringement suit there are both damages that
can be sought and impoundment (seizing the
infringing materials) and disposition (destruction of
infringing materials). The court can also make a
defendant cease his or her manufacture or distribution
of their materials.

14. Copyright Affirmative
Defenses
Innocent infringement
Statute of limitations
License
Fair Use

15. Fair Use
• The purpose and character of the use/it this non-
profit or commercial use?
• Nature of the copyrighted work
• How much of the copyrighted work was used
• The effect of this use on the potential market for or
value of the copyrighted work (this is arguably the
most important because copyright is all about
market impact)

16. International Copyright
• There is no such thing as a unified “international copyright law”
• International copyright is governed by each nations’ own
copyright laws, and protection for foreign copyright is governed
by treaties between countries and multi-national agreements.
• Berne Convention for the Protection of Literary and Artistic
Works (Berne Convention) (U.S. became a signatory in 1989)
• Universal Copyright Convention (UCC) (U.S. Became a
Member in 1955)
• Some nations are not part of these treaties or agreements
making infringement suits even more difficult
• The main issue in international copyright is the ability to enforce a
judgment and bring a suit for infringement in a foreign court

17. Globalization and International
Copyright
• International Copyright Issues Have Been Addressed Since the
19th Century
• Increasingly There Is a Movement to Have More Unified Role
Within Copyright Law
• Internet and Social Media Platforms Have Increased Incidents
and Awareness of Copyright Issues Internationally
• U.S. Role In Copyright and International Agreements Has
Changed in the Past Century
• U.S. Intellectual Property Related Jobs Employ 45.5 million
jobs and $6.6 Trillion to U.S. Economy
Source: https://www.commerce.gov/news/press-releases/2016/09/us-department-commerce-
releases-updated-report-showing-intellectual

18. International Copyright
• World Trade Organization (WTO) administers:
• Trade-Related Aspects of Intellectual Property Rights (TRIPS)
• The World Intellectual Property Organization (WIPO) Administers
the Following:
• Berne Convention for the Protection of Literary and Artistic Works
• The WIPO Copyright Treaty
• WIPO Performances and Phonograms Treaty
• The Geneva Convention for the Protection of Producers of
Phonograms Against Unauthorized Duplication Their Phonograms
• The Brussels Convention Relating to the Distribution of Program-
Carrying Signals Transmitted by Satellite
• The United Nations Educational, Scientific, and Cultural
Organization
• Universal Copyright Convention

19. How International Copyright Recognition
Attaches
• Typically international copyright protection under the
Berne or Universal Copyright Convention attaches in
three situations
• Author is a national or domiciled in a country that is a
signatory
• Author’s work was published in a country that is a
signatory
• Author’s work was published in the first 30 days of its
initial publication in a signatory Berne Convention
country

20. Berne and the UCC
• Berne Convention: No formal process for achieving copyright
status or recognition. Much like U.S. law, the copyright exists
once it meets its basic requirements
• UCC: Any formality of notice will work to establish copyright. The
use of the © followed by a date and name
© 2018 Cayce Myers
• This will satisfy reasonable notice so long as it is in a location that
will be seen
• Note: Because the Berne Convention does not require formal
notice the U.S. law no longer requires a formal notice for
copyright. However, the formal notice can serve as a constructive
notice that prevents against claims of innocent infringement.
• Source: International Copyright, U.S. Copyright Office, https://www.copyright.gov/fls/fl100.html.

21. Berne Convention
• Berne Convention: (established in 1886, 175
signatories, including France (1886) U.S. (1989),
China (1992), Russia (1995 ), Afghanistan (2018).
• eliminates formalities for copyright protection,
• establishes “minimum standards” that are core
standards afforded to all for foreign copyright holders,
and
• “national treatment” which means there is no
difference between rights given to foreign nationals for
copyright protection

22. TRIPS Agreement
• Baseline Duration of Copyright At Least 50 Years if Life of
Author is Not Accounted for in Duration
• Automatic Granting of Copyright Without Formality
• Some Constraints on Fair Use
• No Special Benefits to Citizens of One Country
This is an overview of major components of TRIPS. TRIPS
deals with intellectual property beyond copyright. For more
information on TRIPS:
https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

23. Enforcement of Judgments
• Even Though A Copyright May be Protected Under
U.S. Law There are Limits to Extra-territorial
Litigation
• Because There Is No Universal International
Copyright Litigation Occurs Under the Infringing
Country’s Law
• Enforcement of Judgments Gained in the U.S.
Against Foreign Defendants May Be Difficult

24. Limitations on Fair Use
Defense
• Fair Use may exist as a concept in other nations, but it
may differ from the established approach in the U.S.
• South Korea has a Form of Fair Use
• China has a Limited Form of Fair Use
• Canada has “Fair Dealing” under the Canadian Copyright
Act (more restrictive exhaustive list of fair dealing instead of
open list under fair use)
• research, private study, education, parody, satire, criticism,
review or news reporting
• UK Has Fair Dealing which is more restrictive than U.S.Fair
Use
• European Union has some exceptions to infringement put
forth in 2001 Copyright Directive and call for reform in a
Draft Report on Copyright Reform in 2014,

25. Moral Rights
• Established in France and Germany, but recognized in Berne
Convention in 1928. Frequently referred to as “droit moral” the
rights focus on the creator’s control over his or her work.
• Rights assigned to copyright owners including rights to
attribution, anonymity, and integrity of the work itself.
• U.S. has some level of moral right recognition, but it is not part
of U.S. Copyright Tradition. Also, the Visual Artists Rights Act
of 1990 (VARA) includes elements of moral rights, but this is
limited to “listed” visual works.
• U.S. application of moral rights can be described as more
limited than other nations. Some states, such as California,
have moral rights recognition. The U.S. has other laws such
as defamation, privacy laws, misappropriation, and Lanham Act
that somewhat addresses moral rights.

26. Issues of Enforcement
• Some Countries Are Not Signatories to Copyright Treaties
• Some Countries Also Have Limitations to Foreign
Organizations or Individuals Suing Citizens in Court
• Even Signatories to Treaties and Berne Convention May
Differ in the Enforcement of Copyright Laws
• The U.S. Trade Representatives have a 301 Report that
contains “Priority Watch List” of Nations that Have Issues
with Intellectual Property Enforcement
Source: https://ustr.gov/about-us/policy-offices/press-office/press-releases/2017/april/ustr-
releases-2017-special-301-report
Also see 301 report for 2017:
https://ustr.gov/sites/default/files/301/2017%20Special%20301%20Report%20FINAL.PDF

27. Social Media Copyright Terms of Service
• Facebook: “You own all of the content and information you post on Facebook, and you
can control how it is shared through your privacy and application settings. In addition:
• For content that is covered by intellectual property rights, like photos and videos (IP
content), you specifically give us the following permission, subject to your privacy and
application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-
free, worldwide license to use any IP content that you post on or in connection with
Facebook (IP License). This IP License ends when you delete your IP content or your
account unless your content has been shared with others, and they have not deleted
it.”
Source: Facebook Terms of Service, Statement of Rights and Responsibilities,
Sharing Your Content and Information, Retrieved May 22, 2018 from:
facebook.com/terms.php.
• Instagram: “Instagram does not claim ownership of any Content that you post on or
through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and
royalty-free, transferable, sub-licensable, worldwide license to use the Content that you
post on or through the Service, subject to the Service's Privacy Policy.”
• Source: Instagram Terms of Use, Rights, Retrieved May 22, 2018 from:
https://help.instagram.com/478745558852511.

28. Immunity for Social Media
Sites
• Social Media Content Removal Policies Vary by Site
• Usually Require a Formal Application for Infringement
with a Proof of Ownership
• Some Social Media Sites Will Take Down Infringing
Content
• Special Issues May Arise with Heavily Shared Infringing
Content
• Digital Millennium Copyright Act (DMCA) provides for
limits liability social media platforms for third party
copyright infringement

29. Impact on Practitioners
• Digital PR Practice May Subject PR Work to
Copyright Regulations Outside of the U.S.
• PR Practitioner Content May Be Protected in the
U.S. and Internationally, But Content Protection is
Not Universal
• PR Practitioners and Organizations May Have
Difficulty in Pursuing Infringement Claims Abroad
• PR Practitioners Should Be Wary of Claiming Fair
Use When Placing Content for World-Wide
Consumption

30. Impact on Social Media
• Social Media Serves as a Platform for International
Copyright Issues
• Social Media Frequently is Serving as an Extra-
Legal Enforcer of Copyright Law, Especially
Infringement Issues
• Social Media Content Packaging, Such as Memes
and GIFs Present New Copyright Issues Both
Domestically in the U.S. and Internationally

31. Emerging Trends in International
Copyright
• Enforcement of Copyright Law in non-U.S.
Jurisdictions
• Enforcement of Judgments on non-U.S. Defendants
• Social Media User Agreements and Access to
Copyrighted Information
• Future Reforms in the wake of Privacy Issues in
Social Media, e.g. Facial Recognition, may have
some impact on Use and Access of Copyrighted
Material

32. Questions?
Cayce Myers, Ph.D., LL.M., J.D., APR
Virginia Tech
Department of Communication
Legal Research Editor Institute for PR
mcmyers@vt.edu
@CayceMyers