the berne convention 1886
TRANSCRIPT
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For unpublished works or works first published in a non-signatory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)