Legal Definitions - Rome Act

The Rome Act is an important international agreement from 1928 that updated the Berne Convention, which governs copyright protection across participating countries. This revision significantly strengthened the rights of creators by introducing new standards that member nations had to recognize.

Key provisions of the Rome Act include:

• Moral Rights: It formally recognized "moral rights" for authors, specifically the right of attribution (the right to be named as the creator of one's work) and the right of integrity (the right to object to any distortion, mutilation, or other modification of one's work that would harm the author's honor or reputation).
• Compulsory License for Radio Broadcasting: It established a system where radio broadcasters could use recorded musical works without needing to obtain individual permission from every copyright holder, provided they paid a set fee or royalty. This is known as a compulsory license.
• Term of Protection for Joint Works: For works created by multiple authors (joint works), the period of copyright protection was specified to be measured from the death of the last surviving co-author, rather than from the death of the first co-author to pass away.

Here are some examples illustrating the impact of the Rome Act:

• Example 1 (Moral Rights - Integrity): A renowned architect designs a unique public library building. Decades later, the city council decides to drastically alter the building's facade by adding a completely different style of extension and painting it a clashing color, fundamentally changing the architect's original artistic vision. The architect, or their estate, could argue that this modification violates their right of integrity under the principles established by the Rome Act, as it distorts their original work and could harm their professional reputation.

• Example 2 (Compulsory License & Attribution): A popular indie band releases a new album, and one of their songs quickly becomes a hit. A local radio station wants to feature this song heavily in its daily rotation.

  • Under the principles of the Rome Act, the radio station can play the recorded song without needing to negotiate a specific, individual license directly with the band or their record label for each broadcast. Instead, they operate under a compulsory license, meaning they pay a standardized fee to a collecting society, which then distributes royalties to the copyright holders.
  • Furthermore, the band members, as the creators, retain their right of attribution, meaning they must be credited as the authors of the song, ensuring their authorship is recognized whenever the song is played or discussed.

• Example 3 (Joint Works Term): Two playwrights collaborate closely on a successful theatrical production. Playwright A passes away in 1990, and Playwright B passes away in 2015. According to the framework introduced by the Rome Act, the copyright protection for their joint play would not expire a certain number of years after Playwright A's death, but rather a certain number of years *after Playwright B's death* (the last surviving co-author). This ensures that the work receives a longer and more consistent period of protection, benefiting the heirs of both creators.