There are several crucial differences between the laws of European countries and the United States when it comes to intellectual property. For those individuals or entities contemplating an Intellectual Property Agreement that is international in scope, it is important to know these differences.

The main difference is that European Countries protect the moral rights of a copyright, trademark or patent. Known in French as Les Droits Morale, these rights refer to the respect and dignity, so to speak, of intellectual property. Take for instance the U.S. case of Campbell v. Acuff-Rose. In this case, the rap group Two Live Crew used the famous Roy Orbison song “Pretty Woman”as a sample in one of their rap songs without Orbison’s permission. In deciding the case in favor of Two Live Crew, the Supreme Court said that use of the work fell under the category of “fair use” since the rap group was using the song to parody the original work. Parodies and satires are well recognized as fair use in American copyright law.

In Europe, Acuff-Rose would not have won the case. Most likely a European court would have decided that the use of the song violated Orbison’s moral rights to the work by changing the lyrics and mocking the song. Thus, although most of the laws in the U.S. and Europe in respect to protecting intellectual property are similar, this is a crucial distinction between the two. It is therefore important for copyright holders to know that moral rights are not protected under U.S. law, and should govern their conduct accordingly.

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