Berne Convention for the Protection of Literary and Artistic Works
Introduction
The first version of the Convention dates from 1886. The Convention has been changed and supplemented several times following emergence of new forms of expression and distribution of literary and artistic works.
The Convention is administered by WIPO.
Extensive information and the full text of the convention are provided at WIPO Berne Convention webpage.
Objective
Provide Protection of Literary and Artistic Works. The following are among the rights which must be recognized as exclusive rights of authorization:
- the right to translate,
- the right to make adaptations and arrangements of the work,
- the right to perform in public dramatic, dramatico-musical and musical works,
- the right to recite in public literary works,
- the right to communicate to the public the performance of such works,
- the right to broadcast (with the possibility of a contracting State to provide for a mere right to equitable remuneration instead of a right of authorization),
- the right to make reproductions in any manner or form (with the possibility of a contracting State to permit, in certain special cases, reproduction without authorization provided that the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, and with the possibility of a contracting State to provide, in the case of sound recordings of musical works, for a right to equitable remuneration),
- the right to use the work as a basis for an audiovisual work, and the right to reproduce, distribute, perform in public or communicate to the public that audiovisual work.
Source: Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886) (at WIPO website).
Parties
Contracting Parties, 164 in total.
Source: Dmitry Medvedev's message to the G20 leaders (Nov. 3, 2011).
This treaty, and the WIPO Copyright Treaty (1996) do not take into account, to the extent necessary, the interests of users and information intermediaries.
In addition, the WIPO Copyright Treaty does not cover the entire spectrum of issues that require harmonised international regulation.
It focuses on strengthening legal protection of new intellectual property objects and introducing new ways of their use which supplement the exclusive right of the right holder.
Key challenges (to be addressed in the proposed preparation of a New Versionof the Convention):
Jan Goossenaerts
@collaboratewiki