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Berne Convention for the protection of literary and artistic works

Source: http://www.wipo.int/wipolex/en/treaties/text.jsp?file_id=283693


Berne Convention

for the Protection of Literary and Artistic Works


of September 9, 1886,
completed at PARIS on May 4, 1896,
revised at BERLIN on November 13, 1908,
completed at BERNE on March 20, 1914,
revised at ROME on June 2, 1928,
at BRUSSELS on June 26, 1948,
at STOCKHOLM on July 14, 1967,
and at PARIS on July 24, 1971,
and amended on September 28, 1979



TABLE OF CONTENTS

(This Table of Contents is added for the convenience of the reader.

It does not appear in the original (English) text of the Convention)


Article 1: Establishment of a Union
Article 2: Protected Works: 1. “Literary and artistic works”; 2. Possible requirement of fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of protection; 7. Works of applied art and industrial designs; 8. News
Article 2bis: Possible Limitation of Protection of Certain Works: 1. Certain speeches; 2. Certain uses of lectures and addresses; 3. Right to make collections of such works
Article 3: Criteria of Eligibility for Protection: 1. Nationality of author; place of publication of work; 2. Residence of author; 3. “Published” works; 4. “Simultaneously published” works
Article 4: Criteria of Eligibility for Protection of Cinematographic Works, Works of Architecture and Certain Artistic Works
Article 5: Rights Guaranteed: 1. and 2. Outside the country of origin; 3. In the country of origin; 4. “Country of origin”
Article 6: Possible Restriction of Protection in Respect of Certain Works of Nationals of Certain Countries Outside the Union: 1. In the country of the first publication and in other countries; 2. No retroactivity; 3. Notice Article 6bis: Moral Rights: 1. To claim authorship; to object to certain modifications and other derogatory actions; 2. After the author’s death; 3. Means of redress
Article 7: Term of Protection: 1. Generally; 2. For cinematographic works; 3. For anonymous and pseudonymous works; 4. For photographic works and works of applied art; 5. Starting date of computation; 6.
Longer terms; 7. Shorter terms; 8. Applicable law; “comparison” of terms
Article 7bis: Term of Protection for Works of Joint Authorship
Article 8: Right of Translation

Article 9: Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings
Article 10: Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author
Article 10bis: Further Possible Free Uses of Works: 1. Of certain articles and broadcast works; 2. Of works seen or heard in connection with current events
Article 11: Certain Rights in Dramatic and Musical Works: 1. Right of public performance and of communication to the public of a performance; 2. In respect of translations
Article 11bis: Broadcasting and Related Rights: 1. Broadcasting and other wireless communications, public communication of broadcast by wire or rebroadcast, public communication of broadcast by loudspeaker or
analogous instruments; 2. Compulsory licenses; 3. Recording; ephemeral recordings
Article 11ter: Certain Rights in Literary Works: 1. Right of public recitation and of communication to the public of a recitation; 2. In respect of translations
Article 12: Right of Adaptation, Arrangement and Other Alteration

Article 13: Possible Limitation of the Right of Recording of Musical Works and Any Words Pertaining Thereto: 1. Compulsory licenses; 2. Transitory measures; 3. Seizure on importation of copies made without the author’s permission
Article 14: Cinematographic and Related Rights: 1. Cinematographic adaptation and reproduction; distribution; public performance and public communication by wire of works thus adapted or reproduced; 2. Adaptation of cinematographic productions; 3. No compulsory licenses
Article 14bis: Special Provisions Concerning Cinematographic Works: 1. Assimilation to “original” works; 2. Ownership; limitation of certain rights of certain contributors; 3. Certain other contributors
Article 14ter: “Droit de suite” in Works of Art and Manuscripts: 1. Right to an interest in resales; 2. Applicable law; 3. Procedure
Article 15: Right to Enforce Protected Rights: 1. Where author’s name is indicated or where pseudonym leaves no doubt as to author’s identity; 2. In the case of cinematographic works; 3. In the case of anonymous and pseudonymous works; 4. In the case of certain unpublished works of unknown authorship
Article 16: Infringing Copies: 1. Seizure; 2. Seizure on importation; 3. Applicable law
Article 17: Possibility of Control of Circulation, Presentation and Exhibition of Works
Article 18: Works Existing on Convention’s Entry Into Force: 1. Protectable where protection not yet expired in country of origin; 2. Nonprotectable where protection already expired in country where it is claimed; 3. Application of these principles; 4. Special cases
Article 19: Protection Greater than Resulting from Convention
Article 20: Special Agreements Among Countries of the Union
Article 21: Special Provisions Regarding Developing Countries: 1. Reference to Appendix; 2. Appendix part of Act
Article 22: Assembly: 1. Constitution and composition; 2. Tasks; 3. Quorum, voting, observers; 4. Convocation; 5. Rules of procedure
Article 23: Executive Committee: 1. Constitution; 2. Composition; 3. Number of members; 4. Geographical distribution; special agreements; 5. Term, limits of re-eligibility, rules of election; 6. Tasks; 7. Convocation;
8. Quorum, voting; 9. Observers; 10. Rules of procedure

Article 24: International Bureau: 1. Tasks in general, Director General; 2. General information; 3. Periodical; 4. Information to countries; 5. Studies and services; 6. Participation in meetings; 7. Conferences of revision; 8. Other tasks
Article 25: Finances: 1. Budget; 2. Coordination with other Unions; 3. Resources; 4. Contributions; possible extension of previous budget; 5. Fees and charges; 6. Working capital fund; 7. Advances by host Government; 8. Auditing of accounts
Article 26: Amendments: 1. Provisions susceptible of amendment by the Assembly; proposals; 2. Adoption; 3. Entry into force
Article 27: Revision: 1. Objective; 2. Conferences; 3. Adoption

Article 28: Acceptance and Entry Into Force of Act for Countries of the Union: 1. Ratification, accession; possibility of excluding certain provisions; withdrawal of exclusion; 2. Entry into force of Articles 1 to 21 and Appendix; 3. Entry into force of Articles 22 to 38
Article 29: Acceptance and Entry Into Force for Countries Outside the Union: 1. Accession; 2. Entry into force
Article 29bis: Effect of Acceptance of Act for the Purposes of Article 14(2) of the WIPO Convention
Article 30: Reservations: 1. Limits of possibility of making reservations; 2. Earlier reservations; reservation as to the right of translation; withdrawal of reservation
Article 31: Applicability to Certain Territories: 1. Declaration; 2. Withdrawal of declaration; 3. Effective date; 4. Acceptance of factual situations not implied
Article 32: Applicability of this Act and of Earlier Acts: 1. As between countries already members of the Union; 2. As between a country becoming a member of the Union and other countries members of the Union; 3. Applicability of the Appendix in Certain Relations
Article 33: Disputes: 1. Jurisdiction of the International Court of Justice; 2. Reservation as to such jurisdiction; 3. Withdrawal of reservation

Article 34: Closing of Certain Earlier Provisions: 1. Of earlier Acts; 2. Of the Protocol to the Stockholm Act
Article 35: Duration of the Convention; Denunciation: 1. Unlimited duration; 2. Possibility of denunciation; 3. Effective date of denunciation; 4. Moratorium on denunciation
Article 36: Application of the Convention: 1. Obligation to adopt the necessary measures; 2. Time from which obligation exists
Article 37: Final Clauses: 1. Languages of the Act; 2. Signature; 3. Certified copies; 4. Registration; 5. Notifications
Article 38: Transitory Provisions: 1. Exercise of the “five-year privilege”; 2. Bureau of the Union, Director of the Bureau; 3. Succession of Bureau of the Union


Appendix

SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES


Article I: Faculties Open to Developing Countries: 1. Availability of certain faculties; declaration; 2. Duration of effect of declaration; 3. Cessation of developing country status; 4. Existing stocks of copies; 5. Declarations concerning certain territories; 6. Limits of reciprocity

Article II: Limitations on the Right of Translation: 1. Licenses grantable by competent authority; 2 to 4. Conditions allowing the grant of such licenses; 5. Purposes for which licenses may be granted; 6. Termination of licenses; 7. Works composed mainly of illustrations; 8. Works withdrawn from circulation; 9. Licenses for broadcasting organizations
Article III: Limitation on the Right of Reproduction: 1. Licenses grantable by competent authority; 2 to 5. Conditions allowing the grant of such licenses; 6. Termination of licenses; 7. Works to which this Article applies
Article IV: Provisions Common to Licenses Under Articles II and III: 1 and 2. Procedure; 3. Indication of author and title of work; 4. Exportation of copies; 5. Notice; 6. Compensation
Article V: Alternative Possibility for Limitation of the Right of Translation: 1. Regime provided for under the 1886 and 1896 Acts; 2. No possibility of change to regime under Article II; 3. Time limit for choosing the alternative possibility
Article VI: Possibilities of applying, or admitting the application of, certain provisions of the Appendix before becoming bound by it: 1. Declaration; 2. Depository and effective date of declaration


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