Berne Convention: Difference between revisions

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== The Berne Convention: ==
The uncertainty and confusion that generated the lack of a unified framework for the protection of copyright led 10 European States in 1886 to sign the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). Among the first members of the convention were the primary colonial powers of that time.  As a result, the Berne Convention immediately extended to a significant part of the world.
 
The uncertainty and confusion that generated the lack of a unified framework for the protection of copyright led 10 European States in 1886 to sign the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). Among the first members of the convention were the greatest colonial powers of that time, and therefore the Berne Convention immediately extended to a significant part of the world.


After its conclusion in 1886, the Berne Convention was revised at Paris in 1896 and at Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.
After its conclusion in 1886, the Berne Convention was revised at Paris in 1896 and at Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.


The Berne Convention set up a bureau to handle administrative tasks. In 1893, it became the [http://en.wikipedia.org/wiki/United_International_Bureaux_for_the_Protection_of_Intellectual_Property/ United International Bureaux for the Protection of Intellectual Property] (best known by its French acronym BIRPI), situated in Berne. In 1960, BIRPI moved to [http://en.wikipedia.org/wiki/Geneva/ Geneva], to be closer to the [http://en.wikipedia.org/wiki/United_Nations/ United Nations] and other international organizations in that city. In 1967, it became the [http://en.wikipedia.org/wiki/World_Intellectual_Property_Organization/ World Intellectual Property Organization (WIPO], and in 1974 became an organization within the [http://en.wikipedia.org/wiki/United_Nations/ United Nations].
The Berne Convention set up a bureau to handle administrative tasks. In 1893, it became the [http://en.wikipedia.org/wiki/United_International_Bureaux_for_the_Protection_of_Intellectual_Property United International Bureaux for the Protection of Intellectual Property] (best known by its French acronym BIRPI), situated in Berne. In 1960, BIRPI moved to [http://en.wikipedia.org/wiki/Geneva Geneva], to be closer to the [http://en.wikipedia.org/wiki/United_Nations United Nations] and other international organizations in that city. In 1967, it became the [http://en.wikipedia.org/wiki/World_Intellectual_Property_Organization World Intellectual Property Organization (WIPO)], and in 1974 became an organization within the [http://en.wikipedia.org/wiki/United_Nations United Nations].
 
Although only 10 countries signed the Berne Convention in 1886 nowadays there are 164 countries members to the Berne Convention. The Convention is open to all States, which means that accession occurs by the direct participation of the new member state in the treaty, without any modification of the original agreement. You can check if your country is a member of the Berne Convention on: http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15
 
As described below, the content of the Berne Convention is mostly influenced by civil law legislations. The protection of non-economic moral rights of authors as well as the lack of general requirement for registration of copyright works were rules which contrasted with the [http://en.wikipedia.org/wiki/Common_Law/ Anglo-Saxon] concept of "copyright". For these reasons, among others, the U.S. did not join the Berne Convention for over 100 years.
 
As to its content, the Berne Convention introduced 3 principles; the principle of the “national treatment”, the principle of the “independence of protection”, as well as the principle of the “automatic protection”; it also contains a series of provisions determining the minimum protection to be granted to original works, as well as special provisions available to developing countries which want to make use of them. Furthermore, the Berne Convention protected “moral rights,” that is, non economic rights of the creator of the copyrighted work, such as the right to claim authorship of the work. 
 
More specifically, under the [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html/ Berne Convention] foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Convention (principle of “national treatment”). To set an example, under the principle of national treatment, a novel written in France by a French citizen enjoys the same protection in Italy as any other novel written there from an Italian citizen.
 
The Berne Convention also provides that foreign works that should be protected according to the national legislation of the countries of the convention enjoy this protection, even when they are not protected in their country of origin (principle of the “independence” of protection). For example, even if a novel which is written in Belgium from a Belgian national was not protected under Belgian law, it would still be protected in Italy, if it fulfilled the requirements for protection under the Italian law.
 
Moreover, according to the Berne Convention there are no formal requirements for the protection of creative works; on the contrary, the latter enjoy copyright protection automatically from the moment they are created, without the need to register or declare them in any of the countries of the convention (principle of the “automatic protection”). So, the British author of a novel doesn’t have to register or declare her novel in France, Italy, Belgium or any other member state of the Convention; her novel will be automatically protected in all these countries from the moment she has written it.
 
The minimum standards of protection relate to the works and rights to be protected, and the duration of the protection.
 
As to works, the protection must include “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression” (Article 2(1) of the Berne Convention).  


The Berne Convention also sets a catalogue of the rights which must be recognized as exclusive rights of authorization.  
Although only 10 countries signed the Berne Convention in 1886, today 164 countries are members of the Berne Convention. The Convention is open to all States, which means that accession occurs by the direct participation of the new member state in the treaty, without any modification of the original agreement. You can check if your country is a member of the Berne Convention on the [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 World Intellectual Property Organization] site.
As to the duration of protection, the general rule is that works should be protected for at least 50 years after the author’s death, but states are free to provide longer terms.  


Developing countries may, for certain works and under certain conditions, depart from these minimum standards of protection with regard to the right of translation and the right of reproduction.
As described below, the content of the Berne Convention was heavily shaped by the civil-law version of copyright law. For example, the protection of non-economic moral rights of authors as well as the lack of a general requirement for registration of copyright works were rules that contrasted with the [http://en.wikipedia.org/wiki/Common_law Anglo-Saxon] concept of "copyright". For these reasons, among others, the U.S.A. did not join the Berne Convention for over 100 years.  


It is worth noting that the Berne Convention does not effect automatically any change in your country’s national law. Your country’s legislative organ has to pass a national law that will incorporate the rules of the Berne Convention and your country’s citizens can enforce rights arising from national law. Due to the general and abstract content of most provisions of the Berne Convention, your national legislative organ enjoys a great degree of flexibility in implementing the Treaty. For example, in the Berne Convention Implementation Act of 1988 the U.S. Congress adopted a “minimalist” approach to implementation, making only those changes to copyright law that were absolutely necessary to qualify it for membership.
The Convention requires that copyright protection be extended to “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression” (Article 2(1)).

Latest revision as of 15:40, 10 March 2010

The uncertainty and confusion that generated the lack of a unified framework for the protection of copyright led 10 European States in 1886 to sign the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). Among the first members of the convention were the primary colonial powers of that time. As a result, the Berne Convention immediately extended to a significant part of the world.

After its conclusion in 1886, the Berne Convention was revised at Paris in 1896 and at Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.

The Berne Convention set up a bureau to handle administrative tasks. In 1893, it 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.

Although only 10 countries signed the Berne Convention in 1886, today 164 countries are members of the Berne Convention. The Convention is open to all States, which means that accession occurs by the direct participation of the new member state in the treaty, without any modification of the original agreement. You can check if your country is a member of the Berne Convention on the World Intellectual Property Organization site.

As described below, the content of the Berne Convention was heavily shaped by the civil-law version of copyright law. For example, the protection of non-economic moral rights of authors as well as the lack of a general requirement for registration of copyright works were rules that contrasted with the Anglo-Saxon concept of "copyright". For these reasons, among others, the U.S.A. did not join the Berne Convention for over 100 years.

The Convention requires that copyright protection be extended to “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression” (Article 2(1)).

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