International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

A4.
BERNE CONVENTION FOR THE PROTECTION
OF LITERARY AND ARTISTIC WORKS
[ROME TEXT, 1928]

ARTICLE 1
The countries to which the present Convention applies are constituted into a Union for the protection of the rights of authors over their literary and artistic works.
ARTICLE 2
1. The term “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works, choreographic works and entertainments in dumb show, the acting form of which is fixed in writing or otherwise; musical compositions with or without words; works of drawing, painting, architecture, sculpture, engraving and lithography; illustrations, geographical charts, plans, sketches, and plastic works relative to geography, topograpiy, architecture or science.
2. Translations, adaptations, arrangements of music and other reproductions in an altered form of a literary or artistic work, as well as collections of different works, shall be protected original works without prejudice to the rights of the author of the original work.
3. The countries of the Union shall be bound to make provision for the protection of the above-mentioned works.
4. Works of art applied to industrial purposes shall be protected so far as the domestic legislation of each country allows.

ARTICLE 2bis
1. The right of partially or wholly excluding political speeches and speeches delivered in legal proceedings from the protection provided by the preceding Article is reserved for the domestic legislation of each country of the Union.
2. The right of fixing the conditions under which lectures, addresses, sermons and other works of the same nature may be reproduced by the press is also reserved for the domestic legislation of each country of the Union. Nevertheless the author shall have the sole right of making a collection of the said works.

ARTICLE 3

The present Convention shall apply to photographic works and to works produced by a process analogous to photography. The countries of the Union shall be bound to make provision for their protection.

-380-

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