Why did the United States join the Berne Convention in 1988 after remaining outside it for many years?

For many years, the United States remained outside the Berne Convention because it was unwilling to modify its domestic copyright laws to align with the treaty's requirements. Specifically, U.S. law historically mandated certain formalities—such as mandatory registration and the inclusion of a formal copyright notice—to secure and maintain copyright protection.1

In contrast, the Berne Convention established the principle that copyright protection should be automatic upon a work's creation, without the need for any such formalities. Because the U.S. refused to abandon these requirements, works originating in the United States often lacked protection abroad, and foreign works could only be protected in the U.S. if they complied with American formalities.1

The United States finally acceded to the convention in 1988 (officially becoming a party in 1989) to harmonize its copyright regime with international standards. This move effectively removed the legal necessity of using the copyright symbol to assert ownership in signatory countries, as the convention ensures that a work is entitled to protection merely by virtue of its creation.12