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12 J. World Intell. Prop. 1 (2009)

handle is hein.journals/jwip12 and id is 1 raw text is: The Journal of World Intellectual Property (2009) Vol. 12, no. 1, pp. 1-39 do: 10.111 1/j.1747-1796.2008.00348.x Latin American and Spanish Copyright Relations (1880-1904) Jose Bellido Birkbeck College, University of London In this article, an attempt is made to capture experiences embodied through bilateral copyright relationships between Latin America and Spain (1884-1904). Special attention is devoted to issues bracketed off in traditional historical narratives, such as the always-decisive intervention of a suitable time to act and the techniques by which political relations outside the Berne Convention for the Protection of Literary and Artistic Property 1886 were established. In doing so, attempts are made to describe the practices in carrying out negotiations and to follow the simultaneous emergence of problems interwoven in those political practices. The main aim is to try to appreciate abilities to establish contacts and to frame different themes, prioritizing and singular- izing issues, furnishing trust and helping to construct horizons in bilateral copyright relations. Keywords Berne Convention; South America As copyright historiography has thoroughly explored, the multilateral copyright negotiations that gave birth to the Berne Convention for the Protection of Literary and Artistic Property 1886 (the Berne Convention) involved a specific mode of gathering and communicating determined in diverse and particular protocols (Rick- etson, 1987, pp. 81-125). An important issue to consider when staging a history of international copyright running through those two formative decades (1880-1900) is that, at that precise moment, the life and fate of the Berne Convention was unpredictable. Better said, its value as the model for international copyright was at risk for many reasons. Uncertainty and hesitation about the future were concomitant to the venture. While the openness of the text initially signed at Berne and, more precisely, the procedural future finally absorbed some of those uncertainties,2 simultaneous ways of imagining international copyright overlapped that model and those protocols. An exploration of the ways through which that second framework emerged is of greater interest in this article, which focuses on the co-existence of a specific type of concurrent relations, perceived then as international, that has attracted little attention in copyright historiography: the making of bilateral copyright negotia- tions; in other words, processes of relating and attaching to copyright between nations that simultaneously emerged on both sides of the Atlantic in those formative decades of international copyright. In pursuing this prospect, the diplomatic channels opened between Latin American countries and Spain are specifically explored. Peripheries in the Centre By whim of history, this period of international formation of copyright simulta- neously gave birth to a series of copyright bilateral relations that evolved between © 2009 The Author. Journal Compilation © 2009 Blackwell Publishing Ltd 1

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