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


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