the berne convention 1886

BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS

(1886)

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.

An Overview:

Principle of National Treatment

Principle of Automatic Protection

Principle of Independence of Protection

3 Basic Principles of Berne Convention

Every production in the,

I. Literary,

II. Scientific and

III. Artistic Domain,

irrespective of their mode or form of its expression.

Works protected under Berne Convention (Art. 2)

Right to translate

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

Rights protected under Berne Convention

Right to broadcast

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

Contd.

In case of 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For unpublished works or works first published in a non-signatory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

The concept of ‘Country of Origin[(Art.5(4) ]

Right to claim 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.

Moral Rights (Art. 6 bis)

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

Duration of Protection (Art. 7)

Right of translation

Right of reproduction

Organs of Berne Union:

1. Assembly

2. Executive Committee

Rights of developing countries

In certain Special cases.

Such reproduction does not conflict with a normal

exploitation of the work.

Does not unreasonably prejudice the legitimate

interests of the author.

3 Step Test [Art. 9(2) ]

THANK YOU

Presented By :Amitabh

Srivastava(656)