What has the Berne Convention have to do with it? I've compared the Elsevier contract draft with my local legislation, and the wording of the contract is simply unenforceable.
Treaties have the force of law, which is why they're such important documents. Your local law does not apply to materials originating outside of that jurisdiction.
You seem very knowledgeable, so let me only add what I know to be true: this is location and context dependent.
For example: If I make a contract with another Australian (company, individual, whatever), no treaty has an effect on that contract unless legislation has been passed to enact that treaty. A judge may refer to the treaty if there is some ambiguity that requires his/her discretion, but the treaty itself is not legally binding.
anigbrowl|12 years ago
fphhotchips|12 years ago
For example: If I make a contract with another Australian (company, individual, whatever), no treaty has an effect on that contract unless legislation has been passed to enact that treaty. A judge may refer to the treaty if there is some ambiguity that requires his/her discretion, but the treaty itself is not legally binding.