Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) | Practical Law

Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) | Practical Law

Berne Convention for the Protection of Literary and Artistic Works (Berne Convention)

Berne Convention for the Protection of Literary and Artistic Works (Berne Convention)

Practical Law Glossary Item 3-502-8945 (Approx. 3 pages)

Glossary

Berne Convention for the Protection of Literary and Artistic Works (Berne Convention)

An international copyright treaty created in 1886 that requires member countries to adopt certain minimum protections for artistic and literary works. More specifically, the Berne Convention:
  • Sets out three basic principles for protection:
    • member countries must give works originating in another contracting country the same protection under the convention as the works of the member country's own nationals;
    • protection is automatic and member countries must not condition protection on compliance with any formalities; and
    • protection does not depend on the existence of protection in the work's country of origin, with limited exceptions.
  • Requires member countries to adopt minimum standards of protection relating to the:
    • types of works protected;
    • rights protected (for example, the rights to reproduce, translate, make adaptations and arrangements of, and broadcast the work, and the moral rights of attribution and integrity); and
    • duration of protection (generally the life of the author plus 50 years).
The US became a party to the Berne Convention in 1989. Additional information, including the full text of the convention, is available on the World Intellectual Property Organization's website.