The Berne Convention for the Protection of Literary and Artistic Works

Prepared for: Lt. Col. Md. Farid Alam,psc Course Instructor Management of International Business (EB 702) Faculty of Business Studies

Prepared by: Group # 2 E0823005 Farah Naz Sattar E0902004 Md Abdul Haris E0902012 Pervez Mustafizur E0902023 Nur Hossain Bhuiyan E0902017 Md Kamruzzaman E0902024 Kamalesh Chandra Ghosh E0902041 Mohammad Alomgir E0902043 Amir Hamza Mohammad

INTRODUCTION: The Berne Convention

An international agreement about copyright First adopted in Berne, Switzerland in 1886 Initiated by French author Victor Hugo

INTRODUCTION: The Berne Convention



Influenced by the French concept of right of the author" (droit d'auteur)

Contrasts with the Anglo-Saxon concept of "copyright", which concerns only economic protection

HISTORY: The Berne Convention

Prior to the Berne Convention, national copyright laws only applied within each country. A work published in London by a British national would be protected by copyright in the UK, but could be copied and sold by anyone in France, and vice versa.

HISTORY: The Berne Convention



It followed in the footsteps of the Paris Convention of 1883, which created a framework for international protection for patents, trademarks and industrial designs.

HISTORY: The Berne Convention

Till July 2006 the Berne Convention had162 signatories But all member nations of the WTO, are required to accept almost all of the conditions of the Berne Convention.

Revisions of The Berne Convention

 

   

1st revision in Paris in 1896 2nd revision in Berlin in 1908 Completed in Berne in 1914 3rd revision in Rome in 1928 4th revision in Brussels in 1948 5th revision in Stockholm in 1967 6th revision in Paris in 1971 Amended in 1979

The United States and The Berne Convention



US refused initially to become a party to the Berne Convention Berne Convention Implementation Act of 1988 came into force in the United States Through this legislative change US became a party to the Berne Convention on March 1, 1989

Content of The Berne Convention



Signatories must protect the copyright on works of authors from other signatory countries System of equal treatment internationalised copyright amongst signatories Member states to provide strong minimum standards for copyright law

Content of The Berne Convention contd.



Copyright under the Berne Convention must be automatic Requirement of formal registration is prohibited But the US makes statutory damages only available for registered works

Content of The Berne Convention contd



All literary works shall be protected for at least 50 years after the author's death Parties are free to provide longer terms of protection

Content of The Berne Convention contd



For photography minimum 25 years protection from the year of its creation For cinematography minimum 50 years protection after first showing or creation

Content of The Berne Convention contd

o Copyright law of the country where protection is claimed shall be applied o The term shall not exceed the term fixed in the country of origin of the work o An author normally not entitled longer protection abroad than at home, even if the laws abroad give longer protection.

Summary of the Berne Convention

3 Basic Principles of the Convention

1. Principle of national treatment: Works originating in one of the contracting States must be given the same protection in each of the other contracting States as its own nationals

Summary of the Berne Convention

3 Basic Principles of the Convention

2. Principle of automatic protection: Such protection must not be conditional upon compliance with any formality

Summary of the Berne Convention

3 Basic Principles of the Convention

3. Principle of independence of protection: Such protection is independent of the existence of protection in the country of origin of the work

End of Presentation on The Berne Convention for the Protection of Literary and Artistic Works

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