In 1886, a convention was adopted in Berne, Switzerland, in order to protect works of art and literature, which received its name at the place of creation. Initially, such countries as Great Britain, France, Germany, Belgium, Tunisia, Switzerland and Spain acted as its participants. Subsequently, the Berne Convention began to apply in other countries of the world that joined it, and by 2010 their number was already 164 states.
Russia became a participant in 1995 with the proviso that the effect of this document does not apply to works that are in its territory in the public domain at the date of entry into force for the Russian Federation.
The Convention was revised several times: in 1908 in Berlin, in 1928 in Rome, in 1948 in Brussels, in 1967 in Stockholm, in 1971 in Paris. The governments of the participating countries reserved the right to conclude special agreements providing authors with a level of protection higher than that stipulated by the provisions of the convention.
The Berne Convention of 1886 is based on the principles of:
- national treatment. Each of the participating countries is obliged to provide citizens of other countries with the same copyrights as their citizens. Proceedings arising from copyright infringement are carried out on the basis of the legislation of the state in whose territory the works are used;
- independence of the protection of works. That is, it is carried out regardless of whether they are protected in other countries. An exception may be the case when the law provides for the termination of protection of a work for which it expired in the country where the work was created;
- automatic protection of intellectual property. The Berne Convention provides that the creation of copyright occurs without the use of preliminary formalities (any application, registration, etc.), automatically after the first publication of the work or its fixation in material form;
- presumption of authorship. That is, the creator is the one whose pseudonym or name is indicated on the cover, unless there is evidence to the contrary.
The Berne Copyright Convention extends protection to the following works of art, science, literature: lectures, books, brochures, drawings, sculptures, paintings, architecture, photography, graphics, choreographic, musical, cinematographic works, etc. The period for which it is provided is time the life of the author of the work and 50 years after his death.
The Berne Convention contains a clause that counterfeit products are subject to arrest in any of the countries of the Union where the work has legal protection.
The following exclusive rights are granted to authors:
- for public performance for musical and dramatic works;
- for public reading for works of literature;
- to transfer;
- for reproduction (by any means and form);
- on public broadcasting (radio, television);
- on a cinematic remake;
- alteration, arrangement, other changes.
The Berne Convention retains the right for member countries to determine independently the extent to which legislation is applied to industrial designs, designs, works of applied art, as well as the conditions for their protection.
The legislation of the participating countries, as well as special agreements between them, may allow the use of fiction and literary works as educational illustrations on television and radio programs, in publications, subject to the observance of “good morals and customs”.
Administrative functions for the implementation of the provisions of the Berne Convention are entrusted to the World Intellectual Property Organization.