Legal Definitions - universality

Universality refers to the principle that a rule, right, or standard applies equally to all relevant parties or situations, without discrimination based on factors like nationality, origin, or location.

In the context of copyright law, universality describes a nation's policy or practice of protecting the intellectual property rights of creators regardless of their nationality or where their work was originally created. This approach ensures that a foreign artist's work receives the same legal protections against unauthorized use as a domestic artist's work.

Here are some examples illustrating the concept of universality:

• Example 1 (General Application - Safety Standards): Imagine a country that mandates specific safety standards for all toys sold within its borders. Under the principle of universality, these safety standards would apply equally to toys manufactured domestically, toys imported from another country, or toys designed by a foreign company. The origin of the toy or the nationality of its creator does not exempt it from meeting the same safety requirements.

  Explanation: This demonstrates universality because the safety standard applies equally to all toys, regardless of where they were made or who made them, ensuring consistent protection for all consumers.

• Example 2 (Copyright - Literary Work): A novelist from Argentina publishes a new book in Buenos Aires. If France adheres to the principle of universality in copyright, that Argentine novel would automatically receive copyright protection in France. This means French law would protect the author's rights against unauthorized copying, translation, or adaptation within France, just as it would for a book written by a French author and first published in Paris.

  Explanation: This illustrates how a creator's intellectual property rights are protected internationally, irrespective of the author's nationality or the initial place of publication, ensuring equal treatment under the law.

• Example 3 (Copyright - Digital Content): An independent musician from South Korea uploads a new song to a global music streaming platform. In countries that embrace universality in copyright, this song would be protected from unauthorized downloads, sampling, or public performance within their borders. The musician's Korean nationality or the digital nature of the work does not diminish their right to protection compared to a local artist's work.

  Explanation: This example highlights how universality ensures that creative works, even in the digital realm, receive consistent legal protection across different nations, treating all creators equally regardless of their national origin.