Berne Convention for the Protection of Literary and Artistic Works | |
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Signed | 9 September 1886 |
Location | Bern, Switzerland |
Effective | 5 December 1887 |
Condition | 3 months after exchange of ratifications |
Parties | 181 |
Depositary | Director General of the World Intellectual Property Organization |
Languages | French (prevailing in case of differences in interpretation) and English, officially translated in Arabic, German, Italian, Portuguese and Spanish |
Full text | |
Convention for the Protection of Literary and Artistic Works at Wikisource |
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then.[1][2] The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms.[3] In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights (from French: droits d'auteur) or makerright (German: Urheberrecht).
As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971.[4][5]
The Berne Convention introduced the concept that protection exists the moment a work is "fixed", that is, written or recorded on some physical medium, and its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires. A creator need not register or "apply for" a copyright in countries adhering to the convention. It also enforces a requirement that countries recognize rights held by the citizens of all other parties to the convention. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that ratified the convention. The countries to which the convention applies created a Union for the protection of the rights of authors in their literary and artistic works, known as the Berne Union.