Professional Documents
Culture Documents
Berne Convention
Berne Convention
APPENDIX
Berne Convention, 1886*
Article 1 Article 3
The Contracting States are constituted into The stipulations of the present Convention
a Union for the protection of the rights of shall apply equally to the publishers of literary
authors over their literary and artistic works. and artistic works published in one of the
countries of the Union, but of which the
Article 2
authors belong to a country which is not a
Authors who are subjects or citizens of any of party to the Union.
the countries of the Union, or their lawful rep-
resentatives, shall enjoy in the other countries Article 4
for their works, whether published in one of The expression ‘literary and artistic works’
those countries or unpublished, the rights shall include books, pamphlets, and all other
which the respective laws do now or may here- writings; dramatic or dramatico-musical
after grant to natives. works, musical compositions with or without
The enjoyment of these rights shall be words; works of drawing, painting, sculpture
subject to the accomplishment of the condi- and engraving; lithographs, illustrations,
tions and formalities prescribed by law in the geographical charts; plans, sketches, and plas-
country of origin of the work, and must not tic works relative to geography, topography,
exceed in the other countries the term of architecture, or science in general; in fact,
protection granted in the said country of every production whatsoever in the literary,
origin. scientific, or artistic domain which can be
The country of origin of the work shall be published by any mode of impression or
considered to be that in which the work is first reproduction.
published, or if such publication takes place
simultaneously in several countries of the Article 5
Union, that one of them the laws of which Authors who are subjects or citizens of any of
grant the shortest term of protection. the countries of the Union, or their lawful
For unpublished works the country to representatives, shall enjoy in the other
which the author belongs shall be considered to countries the exclusive right of making or
be the country of origin of the work. authorizing the translation of their works
until the expiration of ten years from the
* The Berne Convention, its Additional Article publication of the original work in one of the
and its Final Protocol were signed by the following
ten countries: Belgium, France, Germany, Haiti, countries of the Union.
Italy, Liberia, Spain, Switzerland, Tunisia, and the For works published in incomplete
United Kingdom. parts (livraisons) the period of ten years shall
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commence from the date of publication of the dramatico-musical works, whether such works
last part of the original work. be published or not.
For works composed of several volumes pub- Authors of dramatic or dramatico-musical
lished at intervals, as well as for bulletins or collec- works, or their lawful representatives, shall be,
tions (cahiers) published by literary or scientific during the existence of their exclusive right of
societies, or by private persons, each volume, bul- translation, equally protected against the unau-
letin, or collection shall be, with regard to the thorized public representation of translations
period of ten years, considered as a separate work. of their works.
In the cases provided for by the present The stipulations of Article 2 shall apply
Article, and for the calculation of the terms of equally to the public performance of unpub-
protection, the 31st December of the year in lished musical works, or of published works
which the work was published shall be regarded in which the author has expressly declared on
as the date of publication. the title page or commencement of the work
that he forbids the public performance
Article 6 thereof.
Lawful translations shall be protected as ori-
Article 10
ginal works. They shall consequently enjoy the
protection stipulated in Articles 2 and 3 as The following shall be specially included
regards their unauthorized reproduction in the amongst the illicit reproductions to which
countries of the Union. the present Convention applies: unauthorized
It is understood that, in the case of a work indirect appropriations of a literary or artistic
for which the translating right has fallen into the work, of various kinds, such as adaptations,
public domain, the translator cannot oppose the musical arrangements, etc., when they are only
translation of the same work by other writers. the reproduction of a particular work, in the
same form, or in another form, without essential
Article 7 alterations, additions, or abridgments, so as not
Articles from newspapers or periodicals pub- to present the character of a new original work.
lished in any of the countries of the Union may It is agreed that, in the application of the
be reproduced in original or in translation in the present Article, the tribunals of the various
other countries of the Union, unless the authors countries of the Union will, if there is occasion,
or publishers have expressly forbidden it. For conform themselves to the provisions of their
periodicals it shall be sufficient if the prohibi- respective laws.
tion is indicated in general terms at the begin- Article 11
ning of each number of the periodical.
This prohibition cannot in any case apply to In order that the authors of works protected by
articles of political discussion, or to the repro- the present Convention shall, in the absence of
duction of news of the day or miscellaneous proof to the contrary, be considered as such,
information. and be consequently admitted to institute
proceedings against pirates before the courts of
Article 8 the various countries of the Union, it will be
As regards the liberty of extracting portions sufficient that their name be indicated on the
from literary or artistic works for use in pub- work in the accustomed manner.
lications destined for educational or scientific For anonymous or pseudonymous works, the
purposes, or for chrestomathies, the effect of publisher whose name is indicated on the work
the legislation of the countries of the Union, shall be entitled to protect the rights belonging
and of special arrangements existing or to be to the author. He shall be, without other proof,
concluded between them, is not affected by the deemed to be the lawful representative of the
present Convention. anonymous or pseudonymous author.
It is, nevertheless, agreed that the courts
Article 9 may, if necessary, require the production of a
The stipulations of Article 2 shall apply to certificate from the competent authority to the
the public representation of dramatic or effect that the formalities prescribed by law in
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The expenses of the office of the International The Swiss Administration will prepare
Union shall be shared by the Contracting States. the budget of the Office, superintend its
Until a fresh arrangement be made, they cannot expenditure, make the necessary advances,
exceed the sum of sixty thousand francs a year. and draw up the annual account, which
This sum may be increased, if necessary, by the shall be communicated to all the other
simple decision of one of the Conferences Administrations.
provided for in Article 17. 6. The next Conference shall be held at Paris
The share of the total expense to be paid by between four and six years from the date of the
each country shall be determined by the division coming into force of the Convention.
of the contracting and acceding countries into The French Government will fix the date
six classes, each of which shall contribute in the within these limits after having consulted the
proportion of a certain number of units, viz.: International Office.
1st class 25 units 7. It is agreed that, as regards the exchange
2nd ” . . . . . . . . . . . . . . . . . . . . 20 ” of ratifications contemplated in Article 21,
3rd ” . . . . . . . . . . . . . . . . . . . . . 5 ” each Contracting Party shall deliver a single
4th ” . . . . . . . . . . . . . . . . . . . . . . 10 ” instrument, which shall be deposited, with
5th ” . . . . . . . . . . . . . . . . . . . . . . 5 ” those of the other countries, in the archives of
6th ” . . . . . . . . . . . . . . . . . . . . . . 3 ” the Government of the Swiss Confederation.
These coefficients will be multiplied by the Each Party shall receive in return a copy of
number of countries of each class and the total the procès-verbal of the exchange of ratifica-
product thus obtained will give the number of tions, signed by the Pleni-potentiaries who
units by which the total expense is to be took part.
divided. The quotient will give the amount of The present Final Protocol, which shall be
the unit of expense. ratified with the Convention concluded this
Each country shall declare, at the time of its day, shall be considered as forming an integral
accession, in which of the said classes it desires part of the said Convention, and shall have the
to be placed. same force and duration.