Beruflich Dokumente
Kultur Dokumente
Central Concepts
Three concepts make up the core of the Berne Convention. These
are:
1
The Berne Convention for the Protection of Literary and Artistic Works, September 9,
1886, as revised at Paris on July 24, 1971 and as amended Sept. 28, 1979, 102 Stat. 2853,
1161 U.N.T.S. 3, http://www.wipo.int/clea/docs/en/wo/wo001en.htm [hereinafter Berne].
2
World Intellectual Property Organization, Member Nations to the Berne Convention for
the Protection of Literary and Artistic Works (June 28, 2004), at
http://www.wipo.int/treaties/en/documents/pdf/e-berne.pdf .
1
Works Protected
3
Draft Treaty on Certain Questions Concerning the Protection of Literary and Artistic
Works, Aug. 30, 1996, Art. 3, n. 3.05-3.06, at
http://www.uspto.gov/web/offices/dcom/olia/diplconf/4dc_a03.htm.
3
Extent of Protection
Berne mandates two primary categories of protective rights for the
works it affects. These are economic rights to the use and proceeds from
the use of the work and moral rights rooted in the work itself.
4
The passage of the sonny Bono Copyright Term Extension Act of 1998, Pub. L. No.
105-298, 112 Stat. 2627, increased the standard term of protection to the life of the author
plus 70 years.
4
There are two primary moral rights, both of which are required
under Article 6bis(1) of the Berne Convention: the right of attribution and
the right of integrity. Attribution refers to an author’s right to be credited
by name for his work. Integrity refers to an author’s right to object to
particular uses of his work which may distort, mutilate, or modify it, even
in cases where the work itself has been sold by its creator. As such, moral
rights are inalienable from the author, and Berne member states are not
5
Miscellaneous Provisions
Berne features a number of other miscellaneous provisions, two of
which are worth mentioning:
5
The Universal Copyright Convention, September 6, 1952, as revised at Paris on July 24,
1971, 25 U.S.T. 1341, 943 U.N.T.S. 178 [hereinafter UCC].
6
6
Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994,
Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, THE
LEGAL TEXTS: THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL
TRADE NEGOTIATIONS 320 (1999), 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994)
[hereinafter TRIPS].
7
WIPO Copyright Treaty, Dec. 23, 1996, 36 I.L.M. 65 (1997).
7
NO YES
Is the author a
national of a Berne
member state?
YES
NO The work is
YES
protected by Berne
YES
Was the work initially
published in a Berne
member state?
YES
NO
i
“Paris” means the Berne Convention for the Protection of Literary and Artistic Works as
revised at Paris on July 24, 1971 (Paris Act); “Stockholm” means the said Convention as
revised at Stockholm on July 14, 1967 (Stockholm Act); “Brussels” means the said
Convention as revised at Brussels on June 26, 1948 (Brussels Act); “Rome” means the
said Convention as revised at Rome on June 2, 1928 (Rome Act); “Berlin” means the
said Convention as revised at Berlin on November 13, 1908 (Berlin Act).
ii
With the declaration provided for in Article 33(2) relating to the International Court of
Justice.
iii
Pursuant to Article I of the Appendix of the Paris Act, this State availed itself of the
faculties provided for in Articles II and III of the said Appendix. The relevant declaration
is effective until October 10, 2004.
iv
Date on which the declaration of continued adherence was sent, after the accession of
the State to independence.
v
Subject to the reservation concerning the right of translation.
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