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The Berne convention 1886
The Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright between countries. It was signed in 1886 in Berne, Switzerland with 168 original parties. Key points of the convention include national treatment of copyrighted works, automatic copyright protection without formalities, and minimum copyright terms of life of the author plus 50 years. It protects various artistic works and economic rights of authors such as rights of reproduction, adaptation, public performance, and translation.
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The Berne convention 1886
- 2. Signed :9 September 1886 Location :Berne, Switzerland Parties : 168 Articles: 38 Depositary: Director General of the World Intellectual Property Organization(WIPO) Languages: Signed in French and English, officially translated in Arabic, German, Italian, Portuguese and Spanish It is the most significant international convention in the field of protecting copyright.
- 3. Principle ofNational Treatment Principle of Automatic Protection Principle of Independence of Protection
- 4. Every production inthe, I. Literary, II. Scientific and III. Artistic Domain, irrespective of their mode or form of its expression.
- 5. Right totranslate Right to make adaptations and arrangement of the works Right to perform in public dramatic ,dramtico-musical and musical works Right to recite in public literary works Right to communicate to the public the performance of such works
- 6. Right tobroadcast Right to make reproductions in any manner or form Right to use the work as a basis for an audio-visual work and right to reproduce, distribute,perform in public or communicate to the public that audio-visual work
- 7. In caseof works first published in a country of union:- That Country In the case of works published simultaneously in several countries of the union which grants different terms of protection:- That country who grants shortest term of protection In case of works published simultaneously in a country outside union and in a country of the Union:- The country of the Union For unpublished works or works first published in a non-signatory country :- the country of union of which the author is national
- 8. Right toclaim authorship of the work Right to object to any : i. Mutilation ii. Deformation iii. Modification iv. Other derogatory action in relation to work which would be prejudicial to the author’s honor or reputation.
- 9. General Rule:Author’s lifetime + 50 years In case of anonymous or pseudonymous work : 50 years from the publication In case of cinematographic work: 50 years from release or creation of work (if not released) In case of works of applied art and photographic works : 25 years from the creation of such work
- 10. Right oftranslation Right of reproduction Organs of Berne Union: 1. Assembly 2. Executive Committee
- 11. In certainSpecial cases. Such reproduction does not conflict with a normal exploitation of the work. Does not unreasonably prejudice the legitimate interests of the author.