berne convention -- chronology history.pdf · berne convention -- 1886 • national treatment –...

Berne Convention -- chronology •  1858-1885: Preliminary negotiation •  1886: Original Berne Convention (10) •  1896: Paris Revision (13) •  1908: Berlin Revision (18) •  1914: Berne Revision (27) •  1928: Rome Revision (36) •  1948: Brussels Revision (37) •  1967: Stockholm Revision (59) •  1971: Paris Revision (63)

Berne Convention -- 1886

•  National treatment –  Signatories give citizens of other signatories same treatment

as their own citizens –  Except as to term of protection

•  Protected Works: –  books; pamphlets; drama; music; design; painting; sculpture;

maps; 3D works in geography and architecture –  No protection for photos; political articles; news

•  Exclusive rights: –  10-year translation right

10 countries

Berne Convention -- 1896

•  National treatment –  Signatories give citizens of other signatories same treatment

as their own citizens –  Except as to term of protection

•  Protected Works: –  books; pamphlets; drama; music; design; painting; sculpture;

maps; 3D works in geography and architecture –  No protection for photos; political articles; news

•  Exclusive rights: –  translation right for term of original work

13 countries

Berne Convention -- 1908 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Except as to term of protection •  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right

18 countries

Berne Convention -- 1914 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Except as to term of protection –  Discrimination against authors from non-member countries

permitted •  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right

27 countries

Berne Convention -- 1928 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Except as to term of protection –  Discrimination against authors from non-member countries

permitted •  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right; adaptation right

36 countries

Berne Convention -- 1928 36 countries

Varieties of “Moral Rights”

•  Integrity •  Attribution •  Divulgation •  Withdrawal •  Droit de Suite

Article 6 bis of the Berne Convention:

“Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”

Berne Convention -- 1928 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Except as to term of protection –  Discrimination against authors from non-member countries

permitted •  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right; adaptation right

36 countries

Berne Convention -- 1948 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Discrimination against authors from non-member countries permitted

•  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite

•  Minimum term: LOA + 50 years

37 countries

Berne Convention -- 1967 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Discrimination against authors from non-member countries permitted

•  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite

•  Minimum term: LOA + 50 years •  Formation of WIPO

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Berne Convention -- 1971 •  National treatment

–  Signatories give citizens of other signatories same treatment as their own citizens

–  Discrimination against authors from non-member countries permitted •  No formalities as condition of protection •  Protected Works:

–  books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures; folklore; legitimation system for films

–  No protection for political articles; news •  Exclusive rights:

–  translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite; reproduction right

•  Minimum term: LOA + 50 years •  Formation of WIPO

63 countries

Recent Developments

•  United States finally accedes in 1988 •  Currently 164 member countries