Summary of The Berne Convention For The Protection of Literary and Artistic Works (1886)
Summary of The Berne Convention For The Protection of Literary and Artistic Works (1886)
(a) Works originating in one of the Contracting States (that is, works the author of
which is a national of such a State or works first published in such a State) must be
given the same protection in each of the other Contracting States as the latter grants to
the works of its own nationals (principle of "national treatment") [1].
(b) Protection must not be conditional upon compliance with any formality (principle of
"automatic" protection) [2].
(a) As to works, protection must include "every production in the literary, scientific and
artistic domain, whatever the mode or form of its expression" (Article 2(1) of the
Convention).
(b) Subject to certain allowed reservations, limitations or exceptions, the following are
among the rights that must be recognized as exclusive rights of authorization:
the right to translate,
the right to make adaptations and arrangements of the work,
the right to perform in public dramatic, dramatico-musical and
musical works,
the right to recite literary works in public,
the right to communicate to the public the performance of such
works,
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The Convention also provides for "moral rights", that is, the right to claim authorship
of the work and the right to object to any mutilation, deformation or other modification
of, or other derogatory action in relation to, the work that would be prejudicial to the
author's honor or reputation.
(c) As to the duration of protection, the general rule is that protection must be granted
until the expiration of the 50th year after the author's death. There are, however,
exceptions to this general rule. In the case of anonymous or pseudonymous works, the
term of protection expires 50 years after the work has been lawfully made available to
the public, except if the pseudonym leaves no doubt as to the author's identity or if the
author discloses his or her identity during that period; in the latter case, the general rule
applies. In the case of audiovisual (cinematographic) works, the minimum term of
protection is 50 years after the making available of the work to the public ("release") or
– failing such an event – from the creation of the work. In the case of works of applied
art and photographic works, the minimum term is 25 years from the creation of the
work [5].
(3) The Berne Convention allows certain limitations and exceptions on economic rights,
that is, cases in which protected works may be used without the authorization of the
owner of the copyright, and without payment of compensation. These limitations are
commonly referred to as "free uses" of protected works, and are set forth in Articles
9(2) (reproduction in certain special cases), 10 (quotations and use of works by
way of illustration for teaching purposes), 10bis (reproduction of newspaper or
similar articles and use of works for the purpose of reporting current events) and
11bis(3) (ephemeral recordings for broadcasting purposes).
(4) The Appendix to the Paris Act of the Convention also permits developing countries
to implement non-voluntary licenses for translation and reproduction of works in certain
cases, in connection with educational activities. In these cases, the described use is
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allowed without the authorization of the right holder, subject to the payment of
remuneration to be fixed by the law.
The Berne Union has an Assembly and an Executive Committee. Every country that is
a member of the Union and has adhered to at least the administrative and final
provisions of the Stockholm Act is a member of the Assembly. The members of the
Executive Committee are elected from among the members of the Union, except for
Switzerland, which is a member ex officio.
The establishment of the biennial program and budget of the WIPO Secretariat – as far
as the Berne Union is concerned – is the task of its Assembly.
The Berne Convention, concluded in 1886, was revised at Paris in 1896 and at Berlin
in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at
Stockholm in 1967 and at Paris in 1971, and was amended in 1979.