Berne Convention - wikipedia Berne Convention For other uses, see Berne Convention ( disambiguation ). Berne Convention Berne Convention for the Protection of Literary and Artistic Works Ratifications of the Convention ( blue ) as of 2012 Signed 9 September 1886 Location Berne, Switzerland Effective 5 December 1887 Condition 3 months after exchange of ratifications Parties 176 Depositary Director General of the World Intellectual Property Organization Languages signed in French ( prevailing in case of differences in interpretation ) and English, officially translated in Arabic, German, Italian, Portuguese and Spanish 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, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention formally mandated several aspects of modern copyright law ; it introduced the concept that a copyright exists the moment a work is `` fixed '', rather than requiring registration. It also enforces a requirement that countries recognize copyrights held by the citizens of all other parties to the convention. Contents 1 Content 1.1 Applicability 1.2 Country of origin 1.3 Copyright term 1.4 The minimum standards of protection relate to the works and rights to be protected 1.5 Copyright exceptions and limitations 2 History 2.1 Adoption and implementation 3 See also 4 References 5 External links Content The Berne Convention requires its parties to treat the copyright of works of authors from other parties to the convention ( known as members of the Berne Union ) at least as well as those of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created. In addition to establishing a system of equal treatment that harmonised copyright amongst parties, the agreement also required member states to provide strong minimum standards for copyright law. Copyright under the Berne Convention must be automatic ; it is prohibited to require formal registration. However, when the United States joined the Convention 1 March 1989, it continued to make statutory damages and attorney 's fees only available for registered works. However, in Moberg v Leygues, a 2009 decision of a Delaware Federal District Court, decided that the protections of the Berne Convention are supposed to essentially be `` frictionless, '' meaning no registration requirements can be imposed on a work from a different Berne member country. This means Berne member countries can require works originating in their own country to be registered and / or deposited, but can not require these formalities of works from other Berne member countries. Applicability Under Article 3, the protection of the Convention applies to nationals and residents of countries that are party to the convention, and to works first published or simultaneously published ( under Article 3 ( 4 ), `` simultaneously '' is defined as `` within 30 days '' ) in a country that is party to the convention. Under Article 4, it also applies to cinematic works by persons who have their headquarters or habitual residence in a party country, and to architectural works situated in a party country. Country of origin The Convention relies on the concept of `` country of origin ''. Often determining the country of origin is straightforward : when a work is published in a party country and nowhere else, this is the country of origin. However, under Article 5 ( 4 ), when a work is published simultaneously in several party countries ( under Article 3 ( 4 ), `` simultaneously '' is defined as `` within 30 days '' ), the country with the shortest term of protection is defined as the country of origin. For works simultaneously published in a party country and one or more non-parties, the party country is the country of origin. For unpublished works or works first published in a non-party country ( without publication within 30 days in a party country ), the author 's nationality usually provides the country of origin, if a national of a party country. ( There are exceptions for cinematic and architectural works. ) In the Internet age, unrestricted publication online may be considered publication in every sufficiently internet - connected jurisdiction in the world. It is not clear what this may mean for determining `` country of origin ''. In Kernel v. Mosley, a U.S. court `` concluded that a work created outside of the United States, uploaded in Australia and owned by a company registered in Finland was nonetheless a U.S. work by virtue of its being published online ''. However other U.S. courts in similar situations have reached different conclusions, e.g. Håkan Moberg v. 33T LLC. The matter of determining the country of origin for digital publication remains a topic of controversy among law academics as well. Copyright term The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author 's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it has n't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works ( such as phonorecords and motion pictures ) may be provided shorter terms. If the author is unknown, because for example the author was deliberately anonymous or worked under a pseudonym, the Convention provides for a term of 50 years after publication ( `` after the work has been lawfully made available to the public '' ). However, if the identity of the author becomes known, the copyright term for known authors ( 50 years after death ) applies. Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, Article 7 ( 8 ) states that `` unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work '', i.e., an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as `` the rule of the shorter term ''. Not all countries have accepted this rule. The minimum standards of Protection relate to the works and rights to be protected As to works, protection must include `` every production in the literary, scientific and artistic domain, whatever the mode or form of its expression '' ( Article 2 ( 1 ) of the Convention ). Subject to certain allowed reservations, limitations or exceptions, the following are among the rights that must be recognized as exclusive rights of authorization : the right to translate, the right to make adaptations and arrangements of the work, the right to perform in public dramatic, dramatico - musical and musical works, the right to recite literary works in public, the right to communicate to the public the performance of such works, the right to broadcast ( with the possibility that a Contracting State may provide for a mere right to equitable remuneration instead of a right of authorization ), the right to make reproductions in any manner or form ( with the possibility that a Contracting State may permit, in certain special cases, reproduction without authorization, provided that the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author ; and the possibility that a Contracting State may provide, in the case of sound recordings of musical works, for a right to equitable remuneration ), the right to use the work as a basis for an audiovisual work, and the right to reproduce, distribute, perform in public or communicate to the public that audiovisual work. Copyright exceptions and limitations The Berne Convention does not explicitly authorize countries to permit `` fair uses '' of copyrighted works in other publications or broadcasts in a broad sense. Berne only permits a limited form of copyright exceptions and limitations known as the `` three - step test. '' Copyright exceptions permitted by the Berne Convention are scattered in several provisions due to the historical reason of Berne negotiations. For example, Article 10 ( 2 ) permits Berne members to provide for a `` teaching exception '' within their copyright statutes. But this exception is limited to a use for illustration of the subject matter taught and it must be related to teaching activities. In other words, a broad exception in a manner similar to the `` fair use '' jurisprudence of American copyright law is not expressly permitted by Berne. Nevertheless, the WTO Panel has ruled, in United State - Section 110 ( 5 ) of the U.S. Copyright Act, that although the three - step test under both Berne and TRIPs required a `` certain and well - defined exception, '' this did not rule out open norms such as the US copyright law. The Agreed Statement of the parties to the WIPO Copyright Treaty of 1996 states that : `` It is understood that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Treaty or the Berne Convention. '' This language may mean that Internet service providers are not liable for the infringing communications of their users. Critics claim that the convention does not mention any other rights of consumers of works except for fair use. There is a legal debate about whether the U.S. Fair Use doctrine is lawful under the Three - step test. However, fair use derives from the First Amendment, and thus would apply regardless of whether Berne permitted fair use or not. History This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. ( September 2011 ) The Pirate Publisher -- An International Burlesque that has the Longest Run on Record, from Puck, 1886, satirizes the ability of publishers to take works from one country and publish them in another without paying the original authors. The Berne Convention was developed at the instigation of Victor Hugo of the Association Littéraire et Artistique Internationale. Thus it was influenced by the French `` right of the author '' ( droit d'auteur ), which contrasts with the Anglo - Saxon concept of `` copyright '' which only dealt with economic concerns. Under the Convention, copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not `` register '' or `` apply for '' a copyright in countries adhering to the Convention. As soon as a work is `` fixed '', that is, written or recorded on some physical medium, 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. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that ratified the Convention. Before the Berne Convention, copyright legislation remained uncoordinated at an international level. So for example a work published in the United Kingdom by a British national would be covered by copyright there, but could be copied and sold by anyone in France. Dutch publisher Albertus Willem Sijthoff, who rose to prominence in the trade of translated books, wrote to Queen Wilhelmina of the Netherlands in 1899 in opposition to the convention over concerns that its international restrictions would stifle the Dutch print industry. The Berne Convention followed in the footsteps of the Paris Convention for the Protection of Industrial Property of 1883, which in the same way had created a framework for international integration of the other types of intellectual property : patents, trademarks and industrial designs. Like the Paris Convention, the Berne Convention set up a bureau to handle administrative tasks. In 1893 these two small bureaux merged and became the United International Bureaux for the Protection of Intellectual Property ( best known by its French acronym BIRPI ), situated in Berne. In 1960, BIRPI moved to Geneva, to be closer to the United Nations and other international organizations in that city. In 1967 it became the World Intellectual Property Organization ( WIPO ), and in 1974 became an organization within the United Nations. The Berne Convention was completed in Paris in 1886, revised in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and was amended in 1979. The World Intellectual Property Organization Copyright Treaty was adopted in 1996 to address the issues raised by information technology and the Internet, which were not addressed by the Berne Convention. Adoption and Implementation The examples and perspective in this section may not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. ( December 2013 ) Main article : List of parties to the Berne Convention The first version of the Berne Convention treaty was signed on 9 September 1886, by Belgium, France, Germany, Haiti, Italy, Liberia, Spain, Switzerland, Tunisia, and the United Kingdom. They ratified it on September 5, 1887. Although the United Kingdom ratified the convention in 1887, it did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988. The United States acceded to the convention on November 16, 1988, and the convention entered into force for the United States on March 1, 1989. The United States initially refused to become a party to the Convention, since that would have required major changes in its copyright law, particularly with regard to moral rights, removal of the general requirement for registration of copyright works and elimination of mandatory copyright notice. This led first to the U.S. ratifying the Buenos Aires Convention ( BAC ) in 1910, and later the Universal Copyright Convention ( UCC ) in 1952 to accommodate the wishes of other countries. With the WIPO 's Berne revision on Paris 1971, many other countries joined the treaty, as expressed by Brazil federal law of 1975. On 1 March 1989, the U.S. Berne Convention Implementation Act of 1988 was enacted, and the U.S. Senate advised and consented to ratification of the treaty, making the United States a party to the Berne Convention, and making the Universal Copyright Convention nearly obsolete. Except for extremely technical points not relevant, with the accession of Nicaragua in 2000, every nation that is a member of the Buenos Aires Convention is also a member of Berne, and so the BAC has also become nearly obsolete and is essentially deprecated as well. Since almost all nations are members of the World Trade Organization, the Agreement on Trade - Related Aspects of Intellectual Property Rights requires non-members to accept almost all of the conditions of the Berne Convention. As of February 2018, there are 176 states that are parties to the Berne Convention. This includes 173 UN member states plus the Cook Islands, the Holy See and Niue. See also Berne Convention Implementation Act of 1988 Berne three - step test Buenos Aires Convention List of parties to international copyright agreements Copyright of official texts Public domain Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations Universal Copyright Convention World Trade Organization Dispute 160 References Jump up ^ `` WIPO - Berne Convention for the Protection of Literary and Artistic Works ''. Jump up ^ Circular 38A : International Copyright Relations of the United States ( PDF ). U.S. Copyright Office. 2014. p. 2. Retrieved 5 March 2015. Jump up ^ Borderless Publications, the Berne Convention, and U.S. Copyright Formalities, Jane C. Ginsburg, Columbia University School of Law, October 20, 2009, https://www.mediainstitute.org/2009/10/20/borderless-publications-the-berne-convention-and-u-s-copyright-formalities/ ( Retrieved May 18, 2018 ) ^ Jump up to : Berne Convention ( 1 ). Jump up ^ Berne Convention ( 2 ). ^ Jump up to : Berne Convention ( 3 ). Jump up ^ Fitzgerald, Brian F., Shi, Sampsung Xiaoxiang, Foong, Cheryl, & Pappalardo, Kylie M. ( 2011 ), `` Country of Origin and Internet Publication : Applying the Berne Convention in the Digital Age ''. Journal of Intellectual Property ( NJIP ) Maiden Edition, pp. 38 -- 73. Jump up ^ See for example the columns of Jane Ginsburg : Borderless Publications, the Berne Convention, and U.S. Copyright Formalities Internet Publication and U.S. Copyright Imperialism When a Work Debuts on the Internet, What Is its Country of Origin ? Part II And the article Chris Dombkowski, SIMULTANEOUS INTERNET PUBLICATION AND THE BERNE CONVENTION, SANTA CLARA COMPUTER & HIGH TECH. L.J., vol. 29, pp 643 - 674 ^ Jump up to : Berne Convention Article 7. Jump up ^ Travis, Hannibal ( 2008 ). `` Opting Out of the Internet in the United States and the European Union : Copyright, Safe Harbors, and International Law ''. Notre Dame Law Review, vol. 84, p. 383. President and Trustees of Notre Dame University in South Bend, Indiana. SSRN 1221642. Jump up ^ Drier, Thomas ; Hugenholtz, P. Bernt ( 2016 ). Concise European Copyright Law ( 2 ed. ). Wolters Kluwer. ^ Jump up to : Travis, p. 373. Jump up ^ There Can Be No ' Balance ' In The Entirely Unbalanced System Of Copyright -- Techdirt, Mike Masnick, 1 March 2012 Jump up ^ `` Toward an International Fair Use Doctrine ''. heinonline.org. Retrieved 3 August 2018. Jump up ^ `` Quick Berne Convention Overview ''. Laws.com. Retrieved June 12, 2018. Jump up ^ Dutfield, Graham ( 2008 ). Global Intellectual Property Law. Edward Elger Pub. pp. 26 -- 27. ISBN 978 - 1 - 843769422. Jump up ^ Baldwin, Peter ( 2016 ). The Copyright Wars : Three Centuries of Trans - Atlantic Battle. Princeton University Press. p. 15. ISBN 978 - 0 - 691169095. Jump up ^ `` A Brief History of Copyright ''. Intellectual Property Rights Office. Jump up ^ `` The Netherlands and the Berne Convention ''. The Publishers ' circular and booksellers ' record of British and foreign literature, Vol. 71. Sampson Low, Marston & Co. 1899. p. 597. Retrieved 2010 - 08 - 29. Jump up ^ `` Summary of the Paris Convention for the Protection of Industrial Property ( 1883 ) ''. World Intellectual Property Organization. Retrieved 30 June 2018. ^ Jump up to : `` WIPO - A Brief History ''. World Intellectual Property Organization. Retrieved June 12, 2018. Jump up ^ Cook, Curtis ( 2002 ). Patents, Profits & Power : How Intellectual Property Rules the Global Economy. p. 63. ISBN 978 - 0 - 749442729. Jump up ^ `` Berne Convention for the Protection of Literary and Artistic Works ''. World Intellectual Property Organization. Retrieved 12 June 2018. Jump up ^ `` WIPO Copyright Treaty ''. World Intellectual Property Organization. Retrieved 12 June 2018. Jump up ^ Solberg, Thorvald ( 1908 ). Report of the Delegate of the United States to the International Conference for the Revision of the Berne Copyright Convention, Held at Berlin, Germany, 14 October to 14 November 1908. Washington, D.C. : Library of Congress. p. 9. ^ Jump up to : `` Contracting Parties > Berne Convention ( Total Contracting Parties : 173 ) ''. WIPO - World Intellectual Property Organization. WIPO. Retrieved 4 April 2017. Jump up ^ `` The page you 're looking for may have been moved or renamed '' ( PDF ). www.state.gov. Jump up ^ WIPO 's `` Berne Convention for the Protection of Literary and Artistic Works ( Paris Text 1971 ) '', http://zvon.org/law/r/bern.html Jump up ^ Brazilian 's Federal Decree No. 75699 of May 6, 1975. urn : lex : br : federal : decreto : 1975 ; 75699 Jump up ^ Molotsky, Irvin ( 21 October 1988 ). `` Senate Approves Joining Copyright Convention ''. The New York Times. Retrieved 22 September 2011. Jump up ^ Fishman, Stephen ( 2011 ). The Copyright Handbook : What Every Writer Needs to Know. Nolo Press. p. 332. ISBN 978 - 1 - 4133 - 1617 - 9. OCLC 707200393. The UCC is not nearly as important as it used to be. Indeed, it 's close to becoming obsolete External links Wikisource has original text related to this article : Berne Convention Wikiversity has learning resources about Berne Convention The full text of the Berne Convention for the Protection of Literary and Artistic Works ( as amended on September 28, 1979 ) ( in English ) in the WIPO Lex database -- official website of WIPO. WIPO - Administered Treaties ( in English ) in the WIPO Lex database -- official website of WIPO. The 1971 Berne Convention text -- fully indexed and crosslinked with other documents U.S. Copyright office list of countries having copyright relations with the United States ( including list of Berne Union countries ) USA House of Representatives Report of the Berne Convention Implementation Act of 1988, H.R. Rep. No. 100 - 609 ( 1988 ) gives a brief overview of the successive modifications to the Berne Convention. Texts of the various Berne Convention revisions : 1886 Berne Act 1896 Paris Additional Act 1908 Berlin Act 1914 Additional Protocol 1928 Rome Act 1948 Brussels Act 1967 Stockholm Act 1971 Paris Text Copyright law by country Copyright Acts by country Copyright case law by country Copyright lengths by country International copyright treaties ( by country ) Rule of the shorter term related rights Africa Benin ( fr ) Burundi Egypt Senegal ( fr ) South Africa Americas Argentina Brazil Canada Chile Honduras Panama United States Asia Afghanistan Azerbaijan China Hong Kong India Indonesia Iran Japan Jordan South Korea Malaysia Nepal North Korea Oman Pakistan Philippines Saudi Arabia Sri Lanka Syria Tajikistan Thailand Europe European Union France Germany Greece Ireland Italy Netherlands Poland Spain United Kingdom Other countries Russia USSR Russian Federation Serbia Switzerland Turkey Oceania Australia New Zealand Category : Copyright law by country Wikipedia : Non-U.S. copyrights Victor Hugo Novels Han d'Islande ( 1823 ) Bug - Jargal ( 1826 ) The Last Day of a Condemned Man ( 1829 ) The Hunchback of Notre - Dame ( 1831 ) Les Misérables ( 1862 ) Toilers of the Sea ( 1866 ) The Man Who Laughs ( 1869 ) Ninety - Three ( 1874 ) Plays Inez de Castro ( 1820 ; published in 1863 ) Cromwell ( 1827 ) Hernani ( 1830 ) Marion de Lorme ( 1831 ) Le roi s'amuse ( 1832 ) Lucrezia Borgia ( 1833 ) Marie Tudor ( 1833 ) Angelo, Tyrant of Padua ( 1835 ) La Esmeralda ( 1836 ; libretto only ) Ruy Blas ( 1838 ) Les Burgraves ( 1843 ) Torquemada ( 1882 ) Short stories `` Claude Gueux '' ( 1834 ) Poetry collections Odes et poésies diverses ( 1822 ) Nouvelles Odes ( 1824 ) Odes et Ballades ( 1828 ) Les Orientales ( 1829 ) Les Feuilles d'automne ( 1831 ) Les Chants du crépuscule ( 1835 ) Les Voix intérieures ( 1837 ) Les Rayons et les Ombres ( 1840 ) Les Châtiments ( 1853 ) Les Contemplations ( 1856 ) La Légende des siècles ( Part One 1859 ) Les Chansons des rues et des bois ( 1865 ) L'Année terrible ( 1872 ) L'Art d'être grand - père ( 1877 ) La Légende des siècles ( Part Two 1877 ) Le Pape ( 1878 ) La Pitié suprême ( 1879 ) L'Âne ( 1880 ) Les Quatre Vents de l'esprit ( 1881 ) Final part of La Légende des siècles ( 1883 ) La Fin de Satan ( 1886 ) Dieu ( 1891, 1941 ) Toute la Lyre ( 1888, 1893, 1897, 1935 - 1937 ) Les Années funestes ( 1898 ) Dernière Gerbe ( 1902, 1941 ) Océan, Tas de pierres ( 1942 ) Le Verso de la page ( 1960 ) Œuvres d'enfance et de jeunesse, 1814 - 20 ( juvenilia, 1964 ) Other writings Le Rhin ( 1842 ) Napoléon le Petit ( 1852 pamphlet ) William Shakespeare ( 1864 essay ) Actes et Paroles ( 1875 ) Religions et religion ( 1880 ) Related Association Littéraire et Artistique Internationale Berne Convention Hauteville House Maison de Victor Hugo Léopoldine Hugo ( daughter ) François - Victor Hugo ( son ) Adèle Hugo ( daughter ) Joseph Léopold Sigisbert Hugo ( father ) Juliette Drouet Avenue Victor - Hugo ( Paris ) Retrieved from `` https://en.wikipedia.org/w/index.php?title=Berne_Convention&oldid=856187742 '' Categories : Copyright treaties World Intellectual Property Organization treaties 1886 treaties Treaties entered into force in 1887 Treaties of Afghanistan Treaties of Albania Treaties of Algeria Treaties of Andorra Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of the First Austrian Republic Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of Belarus Treaties of Belgium Treaties of Belize Treaties of the Republic of Dahomey Treaties of Bhutan Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of the First Brazilian Republic Treaties of Brunei Treaties of the Kingdom of Bulgaria Treaties of Burkina Faso Treaties of Burundi Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of the People 's Republic of China Treaties of the United States of Colombia Treaties of the Comoros Treaties of the Republic of the Congo ( Léopoldville ) Treaties of the Republic of the Congo Treaties of the Cook Islands Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of the Czech Republic Treaties of Czechoslovakia Treaties of Denmark Treaties of Djibouti Treaties of the Dominican Republic Treaties of Dominica Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Estonia Treaties of Fiji Treaties of Finland Treaties of the French Third Republic Treaties of Gabon Treaties of the Gambia Treaties of Georgia ( country ) Treaties of the German Empire Treaties of Ghana Treaties of the Kingdom of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea - 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Question: what countries are part of the berne convention
Answer: 173 UN member states plus the Cook Islands, the Holy See and Niue