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Revised Berne Convention for the Protection of Literary and Artistic Works

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Revised Berne Convention for the Protection of Literary and Artistic Works Rigi-1App.qxd 11/09/2005 11:08 PM Page 8 Appendix effect. This stipulation shall equally apply to The present Declaration shall have the same countries which may hereafter accede either to force and duration as the Instruments to which the Convention of the 9th September, 1886, or it refers. to that Convention and the Additional Act of the It shall be ratified, and the ratifications shall 4th May, 1896. It will suffice for this purpose that be exchanged in Paris, in the manner adopted such accession should be notified in writing to in the case of the Instruments to which it refers, the Swiss Federal Council, who shall in turn as soon as possible, and within the space of one communicate it to the other Governments. year at the latest. Berlin Act, 1908* Revised Berne Convention for the Protection of Literary and Artistic Works of November 13, 1908 Article 1 collections of different works, shall be pro- The Contracting States are constituted into a tected as original works without prejudice to Union for the protection of the rights of the rights of the author of the original work. authors over their literary and artistic works. The contracting countries shall be bound to make provisions for the protection of the Article 2 above-mentioned works. The expression ‘literary and artistic works’ Works of art applied to industrial purposes shall include any production in the literary, shall be protected so far as the domestic legisla- scientific or artistic domain, whatever may be tion of each country allows. the mode or form of its reproduction, such as Article 3 books, pamphlets, and other writings; dra- matic or dramatico-musical works, choreo- The present Convention shall apply to graphic works and entertainments in dumb photographic works and to works produced by show, the acting form of which is fixed in writing a process analogous to photography. The or otherwise; musical compositions with or contracting countries shall be bound to make without words; works of drawing, painting, provision for their protection. architecture, sculpture, engraving and litho- Article 4 graphy; illustrations, geographical charts; Authors who are subjects or citizens of any of plans, sketches, and plastic works relative to the countries of the Union shall enjoy in coun- geography, topography, architecture or science. tries other than the country of origin of the Translations, adaptations, arrangements of work, for their works, whether unpublished or music and other reproductions in an altered first published in a country of the Union, the form of literary or artistic work as well as rights which the respective laws do now or may hereafter grant to natives as well as the rights * The Berlin Act was signed by the following specially granted by the present Convention. fifteen countries: Belgium, Denmark, France, Germany, Italy, Japan, Liberia, Luxembourg, The enjoyment and the exercise of these Monaco, Norway, Spain, Sweden, Switzerland, rights shall not be subject to any formality; such Tunisia, and the United Kingdom. enjoyment and such exercise are independent of 8 Rigi-1App.qxd 11/09/2005 11:08 PM Page 9 Appendix the existence of protection in the country of ori- fixed in the country of origin of the work. gin of the work. Consequently, apart from the Consequently the contracting countries shall express stipulations of the present Convention, only be bound to apply the provisions of the the extent of protection, as well as the means of preceding paragraph in so far as such provisions redress secured to the author to safeguard his are consistent with their domestic laws. rights, shall be governed exclusively by the laws For photographic works and works pro- of the country where protection is claimed. duced by a process analogous to photography, The country of origin of the work shall be for posthumous works, for anonymous or considered to be: in the case of unpublished pseudonymous works, the term of protection works, the country to which the author shall be regulated by the law of the country belongs; in the case of published works, the where protection is claimed, provided that the country of first publication; and in the case of said term shall not exceed the term fixed in the works published simultaneously in several country of origin of the work. countries of the Union, the country the laws of Article 8 which grant the shortest term of protection. In the case of works published simultaneously in a The authors of unpublished works, being sub- country outside the Union and in a country of jects or citizens of one of the countries of the the Union, the latter country shall be consid- Union, and the authors of works first published ered exclusively as the country of origin. in one of those countries shall enjoy, in the By published works must be understood, for other countries of the Union, during the whole the purposes of the present Convention, works term of the right in the original work, the copies of which have been issued to the public. exclusive right of making or authorizing a The representation of a dramatic or dramatico- translation of their works. musical work, the performance of a musical Article 9 work, the exhibition of a work of art, and the Serial stories, tales, and all other works, construction of a work of architecture shall not whether literary, scientific, or artistic, whatever constitute a publication. their object, published in the newspapers or Article 5 periodicals of one of the countries of the Union Authors being subjects or citizens of one of the may not be reproduced in the other countries countries of the Union who first publish their without the consent of the authors. works in another country of the Union shall With the exception of serial stories and tales, have in the latter country the same rights as any newspaper article may be reproduced by native authors. another newspaper unless the reproduction thereof is expressly forbidden. Nevertheless, Article 6 the source must be indicated; the legal conse- Authors not being subjects or citizens of one of quences of the breach of this obligation shall be the countries of the Union, who first publish determined by the laws of the country where their works in one of those countries, shall enjoy protection is claimed. in that country the same rights as native The protection of the present Convention authors, and in the other countries of the Union shall not apply to news of the day or to miscel- the rights granted by the present Convention. laneous information which is simply of the nature of items of news. Article 7 The term of protection granted by the present Article 10 Convention shall include the life of the author As regards the liberty of extracting portions and fifty years after his death. from literary or artistic works for use in Nevertheless, in case such term of protection publications destined for educational pur- should not be uniformly adopted by all the poses, or having a scientific character, or for countries of the Union, the term shall be regu- chrestomathies, the effect of the legislation of lated by the law of the country where protec- the countries of the Union and of special tion is claimed, and must not exceed the term Arrangements existing or to be concluded 9 Rigi-1App.qxd 11/09/2005 11:08 PM Page 10 Appendix between them is not affected by the present Adaptations made in virtue of paragraphs 2 Convention. and 3 of the present Article, and imported without the authority of the interested parties Article 11 into a country where they would not be lawful, The stipulations of the present Convention shall be liable to seizure in that country. shall apply to the public representation of dra- Article 14 matic or dramatico-musical works, and to the public performance of musical works, whether Authors of literary, scientific or artistic works such works be published or not. shall have the exclusive right of authorizing the Authors of dramatic or dramatico-musical reproduction and public representation of works shall be protected during the existence of their works by cinematography. their right over the original work against the Cinematograph productions shall be unauthorized public representation of transla- protected as literary or artistic works, if, by the tions of their works. arrangement of the acting form or the combina- In order to enjoy the protection of the tions of the incidents represented, the author present Article, authors shall not be bound in has given the work a personal and original publishing their works to forbid the public character. representation or performance thereof. Without prejudice to the rights of the author of the original work the reproduc- Article 12 tion by cinematography of a literary, scientific The following shall be especially included or artistic work shall be protected as an origi- among the unlawful reproductions to which nal work. the present Convention applies: unautho- The above provisions apply to reproduction rized indirect appropriations of a literary or or production effected by any other process artistic work, such as adaptations, musical analogous to cinematography. arrangements, transformations of a novel, Article 15 tale, or piece of poetry into a dramatic piece and vice versa, etc., when they are only the In order that the authors of works protected by reproduction of that work, in the same form the present Convention shall, in the absence of or in another form without essential alter- proof to the contrary, be considered as such, ations, additions, or abridgments, and do not and be consequently admitted to institute present the character of a new original work. proceedings against pirates before the Courts of the various countries of the Union, it will be Article 13 sufficient that their name be indicated on the The authors of musical works shall have the work in the accustomed manner.
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