Legal Definitions - Montevideo Treaty

The Montevideo Treaty was an international agreement established in 1889, primarily focused on standardizing copyright protection among participating nations in the Western Hemisphere. While it drew inspiration from the broader Berne Convention, a more comprehensive global copyright treaty, the Montevideo Treaty generally offered a more limited scope of copyright protection to creators within its signatory countries.

• Example 1: Literary Work Recognition

  Imagine an Argentine novelist who published a popular book in 1895. Under the Montevideo Treaty, if Uruguay was also a signatory nation, the novelist's copyright for that book, established in Argentina, would be recognized and protected in Uruguay. This meant that unauthorized copies or sales of the book in Uruguay would be prohibited, ensuring the author's rights were respected across borders within the treaty's framework.

• Example 2: Artistic Creation Across Borders

  Consider a Brazilian artist who created a unique sculpture in 1900. If both Brazil and Peru were signatories to the Montevideo Treaty, the artist's copyright for their sculpture, originating in Brazil, would be acknowledged and protected in Peru. This prevented others from freely reproducing or selling copies of the sculpture in Peru without the artist's permission, facilitating cross-border recognition of artistic property.

• Example 3: Limited Scope of Protection

  Suppose a Paraguayan composer wrote a symphony in 1910. While the Montevideo Treaty would ensure that this symphony, copyrighted in Paraguay, received recognition and protection in other signatory nations like Bolivia, the *extent* of that protection might have been less comprehensive than what the Berne Convention offered. For instance, the treaty might have provided a shorter duration of copyright protection or fewer exclusive rights (like moral rights) compared to Berne, illustrating how it "afforded less copyright protection" to creators.