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Encyclopedia > Berne Convention for the Protection of Literary and Artistic Works

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement about copyright, which was first adopted in Berne, Switzerland in 1886. For the international agreement about copyright, see Berne Convention for the Protection of Literary and Artistic Works. ... Image File history File links Size of this preview: 800 × 370 pixelsFull resolution (1357 × 628 pixel, file size: 17 KB, MIME type: image/png) World map showing the parties of Berne Convention. ... Image File history File links Size of this preview: 800 × 370 pixelsFull resolution (1357 × 628 pixel, file size: 17 KB, MIME type: image/png) World map showing the parties of Berne Convention. ... Below is a list of countries which have signed and ratified one or more international copyright treaties. ... Not to be confused with copywriting. ... For other uses, see Berne (disambiguation). ...

Contents

History

The Berne Convention was developed at the instigation of Victor Hugo as the Association Littéraire et Artistique Internationale. Thus it was influenced by the French "right of the author" (droit d'auteur), which contrasts with the Anglo-Saxon concept of "copyright" which only dealt with economic concerns. Under the Convention, copyrights for creative works are automatically in force at creation, without being asserted or declared: an author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires. Foreign authors were treated equivalently to domestic authors, in any country that signed the Convention. Victor-Marie Hugo (pronounced in French) (26 February 1802 — 22 May 1885) was a French poet, playwright, novelist, essayist, visual artist, statesman, human rights campaigner, and perhaps the most influential exponent of the Romantic movement in France. ... Association Littéraire et Artistique Internationale (ALAI) was founded 1878 in Paris. ... The droit dauteur (or French copyright law) developed in the eighteenth century at the same time as copyright developed in the United Kingdom. ... The Anglo-Saxons refers collectively to the groups of Germanic tribes who achieved dominance in southern Britain from the mid-5th century, forming the basis for the modern English nation. ... A creative work is a tangible manifestation of creative effort such as literature, paintings, software, and this article. ...


Before the Berne Convention, national copyright laws usually only applied for works created within each country. Consequently, a work published in United Kingdom (UK) by a British national would be covered by copyright there, but could be copied and sold by anyone in France; likewise, a work published in France by a French national would be covered by copyright there, but could be copied and sold by anyone in the UK.


The Berne Convention followed in the footsteps of the Paris Convention for the Protection of Industrial Property of 1883, which in the same way had created a framework for international integration of the other kinds of intellectual property: patents, trademarks and industrial designs. The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, is an important and one of the first intellectual property treaties. ... For the 2006 film, see Intellectual Property (film). ... For other uses, see Patent (disambiguation). ... “(TM)” redirects here. ... Industrial design is an applied art whereby the aesthetics and usability of products may be improved for marketability and production. ...


Like the Paris Convention, the Berne Convention set up a bureau to handle administrative tasks. In 1893, these two small bureaux merged and became the United International Bureaux for the Protection of Intellectual Property (best known by its French acronym BIRPI), situated in Berne. In 1960, BIRPI moved to Geneva, to be closer to the United Nations and other international organizations in that city. In 1967 it became the World Intellectual Property Organization (WIPO), and in 1974 became an organization within the United Nations. The United International Bureaux for the Protection of Intellectual Property (BIRPI) was an international organization. ... Geneva (pronunciation //; French: Genève //, German:   //, Italian: Ginevra //, Romansh: Genevra) is the second most populous city in Switzerland (after Zürich), and is the most populous city of Romandy (the French-speaking part of Switzerland). ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The World Intellectual Property Organization (WIPO) (French: Organisation mondiale de la propriété intellectuelle or OMPI) is one of the specialized agencies of the United Nations. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ...


The Berne Convention was revised in Paris in 1896 and in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and was amended in 1979. The UK signed in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act of 1988. This article is about the capital of France. ... Nickname: Motto: SPQR: Senatus Populusque Romanus Location of the city of Rome (yellow) within the Province of Rome (red) and region of Lazio (grey) Coordinates: Region Lazio Province Province of Rome Founded 21 April 753 BC Government  - Mayor Walter Veltroni Area  - City 1,285 km²  (580 sq mi)  - Urban 5... For other places with the same name, see Brussels (disambiguation). ... For other uses, see Stockholm (disambiguation). ... 1887 (MDCCCLXXXVII) is a common year starting on Saturday (click on link for calendar) of the Gregorian calendar or a common year starting on Monday of the Julian calendar. ...


The United States initially refused to become party to the Convention, since it would have required major changes in its copyright law, particularly with regard to moral rights, removal of general requirement for registration of copyright works and elimination of mandatory copyright notice. This led to the Universal Copyright Convention in 1952, to accommodate the wishes of the US. But on March 1, 1989, the US "Berne Convention Implementation Act of 1988" came into force and the United States became a party to the Berne Convention, making the Universal Copyright Convention obsolete. United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. ... Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... The Universal Copyright Convention (UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention. ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ... The Berne Convention Implementation Act of 1988 is a copyright act that came into force in the United States on March 1, 1989, making it a party to the Berne Convention for the Protection of Literary and Artistic Works. ...


Since almost all nations are members of the World Trade Organization, the Agreement on Trade-Related Aspects of Intellectual Property Rights requires non-members to accept almost all of the conditions of the Berne Convention. The World Trade Organization (WTO), (OMC - Spanish: , French: ), is an international organization designed to supervise and liberalize international trade. ... The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is a treaty administered by the World Trade Organization (WTO) which sets down minimum standards for forms of intellectual property (IP) regulation. ...


As of April 2007, there are 163 countries that are parties to the Berne Convention. 2007 is a common year starting on Monday of the Gregorian calendar. ... Below is a list of countries which have signed and ratified one or more international copyright treaties. ...


Content

The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals, which means that, for instance, French copyright law applies to anything published or performed in France, regardless of where it was originally created.


In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law.


Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, they continued to make statutory damages and attorney's fees only available for registered works). Year 1988 (MCMLXXXVIII) was a leap year starting on Friday (link displays 1988 Gregorian calendar). ... Statutory damages for copyright infringement are available under some countries copyright laws. ... Attorneys fees or attorneys fees are the costs of legal representation that an attorneys client or a party to a lawsuit incurs. ...


The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms. Year 1993 (MCMXCIII) was a common year starting on Friday (link will display full 1993 Gregorian calendar). ... The Directive on harmonizing the term of copyright protection was a European Union (EU) copyright directive issued in 1993. ...


Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the rule of the shorter term". Not all countries have accepted this rule. The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties that allows signatory countries to limit the duration of copyright they grant to foreign works under national treatment to at most the copyright term a work is granted in its country...


See also

The Berne three-step test is a set of constraints on the limitations and exceptions to exclusive rights under national copyright laws. ... The Buenos Aires Convention was a treaty proposed in 1910 which provided for copyright protection in all countries that were signatory to the convention, for a work created in any member country, where the work carries a notice containing a statement of reservation of rights. ... Various copyright treaties were created as a result of different requirements of the various countries, This is a list of what countries are signatory to which copyright treaties. ... Official texts, as defined in the Berne Convention for the Protection of Literary and Artistic Works, are texts of a legislative, administrative and legal nature and the official translations of such texts. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was accepted by members of the World Intellectual Property Organization on October 26, 1961. ... The Universal Copyright Convention (UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention. ...

External links

Wikisource has original text related to this article:
Berne Convention for the Protection of Literary and Artistic Works

  Results from FactBites:
 
work - BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (Paris Text 1971) [] (3867 words)
Works protected in the country of origin solely as designs and models shall be entitled in another country of the Union only to such special protection as is granted in that country to designs and models; however, if no such special protection is granted in that country, such works shall be protected as artistic works.
The performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication.
Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.
Berne Convention for the Protection of Literary and Artistic Works, of September 1886. October 2, 1979 (6408 words)
Berne Convention for the Protection of Literary and Artistic Works, of September 1886.
However, those countries whose legislation, at the moment of their ratification of or accession to this Act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide that some of these rights may, after his death, cease to be maintained.
The provisions of this Convention shall not preclude the making of a claim to the benefit of any greater protection which may be granted by legislation in a country of the Union.
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