Berne Convention Basics
This memorandum provides a brief description of the protections
afforded by the Berne Convention and its signatory nations (sometimes
referred to as “Berne,” or “the Convention”).1 It includes a flow chart
showing the analysis to determine whether the protections of Berne should
apply to a work. Finally, attached to the memorandum is a listing of all
signatory nations to the Convention (“Member Nations List”), reproduced
from the website of the World Intellectual Property Organization
(“WIPO”).2 WIPO currently acts as administrator for the Convention.
The Berne Convention dates back to 1886, although the United
States did not become a member until over a century later, in March of
1989. Berne has undergone five revisions in that time, the most recent
occurring in 1971 in Paris, later amended in 1979. Most member
countries are signatories to the Paris version of the Convention, but a few
remain parties only to the earlier Acts. See attached Member Nations List.
Central Concepts
Three concepts make up the core of the Berne Convention. These
are:
National treatment. With some limited exceptions, works
originating in a member state receive the same treatment
whether the author is domestic or a foreign national. This
means that any Berne member must provide the author of any
Berne-qualifying work the same treatment as it provides its
own nationals with regard to their works. Generally, domestic
law governs the definition of “author” for purposes of
protecting foreign works. Berne, art. 5(3).
1
The Berne Convention for the Protection of Literary and Artistic Works, September 9,
1886, as revised at Paris on July 24, 1971 and as amended Sept. 28, 1979, 102 Stat. 2853,
1161 U.N.T.S. 3, http://www.wipo.int/clea/docs/en/wo/wo001en.htm [hereinafter Berne].
2
World Intellectual Property Organization, Member Nations to the Berne Convention for
the Protection of Literary and Artistic Works (June 28, 2004), at
http://www.wipo.int/treaties/en/documents/pdf/e-berne.pdf .
1
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Automatic protection. Under Berne, no formalities are
required as preconditions to protection. In other words,
member countries cannot require that authors and publishers
give notice of the copyrighted status of the work in order for
the work to be protected by law (e.g., mandatory use of a ©
symbol or required registration of copyrighted works). Berne,
art. 5(2).
Independence. International copyright protection is
independent of the existence or extent of the protection
afforded by the country where the work originates. Protection
in each member state is governed by that state’s own domestic
law. Berne, art. 5(1).
By becoming a signatory to the Convention, in any of its versions,
a country guarantees to enact laws that effectuate these goals. Berne is not
a self-executing treaty. In the United States, Berne was executed by the
Berne Convention Implementation Act of 1988, Pub. L. No. 100-568, 102
Stat. 2853 (codified as amended in scattered sections of 17 U.S.C.).
Works Protected
Article 2 of the Convention governs the type of works which it
protects. According to this article, the Convention applies to “every
production in the literary, scientific and artistic domain, whatever may be
the mode or form of its expression.” Berne, art. 2(1). Article 2 also
contains an illustrative, but non-exclusive list of the types of works this
broad definition is intended to encompass. Member countries are
permitted to require that the work be fixed in a material form before
protection may apply, but this is not a requirement of the treaty. Berne,
art. 2(2). U.S. law, for example, has such a requirement. See 17 U.S.C. §
102(a) (2000). Additionally, Articles 2 and 2bis allow Berne members to
exclude certain categories of works from protection, such as legislative
and administrative works, applied art, industrial models, political
speeches, lectures, and public addresses.
2
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Conditions for Protection
Specifically, the Convention features two methods by which a
work might qualify for protection:
The Personal Criterion: First, Berne protects all works,
regardless of their publication status, authored by nationals
and residents of member countries. Berne, art. 3(1)(a).
The Geographical Criterion: Second, works by an author who
is neither a national nor a resident of a member country are
still protected if their first publication occurs in a member
state. Berne, art. 3(1)(b). The Convention considers
publication in a member state within 30 days of publication
elsewhere to be simultaneous and sufficient to meet this
criterion. Berne, art. 3(4).
“Publication” for purposes of the Convention means that the work
has been made available to the public in a manner sufficient to “satisfy the
reasonable requirements of the public, having regard to the nature of the
work.” Berne, art. 3(3). In other words, a work is published if it is
accessible to the extent that the general public would consider it published.
Further, performances of dramatic, cinematographic, or musical works,
recitations of literary works, exhibits of art, and construction of
architectural works are all specifically excluded by Article 3 as
communications to the public that do not equal publication. Nevertheless,
Article 4 of the Convention qualifies works of cinema and architecture as
protectable under Berne despite any unpublished status. Berne, art. 4. In
addition, the 1996 Diplomatic Conference on Certain Copyright and
Neighboring Rights Questions, which resulted in the adoption of the
WIPO Copyright Treaty, concluded that Berne’s Article 3 definition of
publication should also be interpreted to include electronic publishing over
a computer network.3
3
Draft Treaty on Certain Questions Concerning the Protection of Literary and Artistic
Works, Aug. 30, 1996, Art. 3, n. 3.05-3.06, at
http://www.uspto.gov/web/offices/dcom/olia/diplconf/4dc_a03.htm.
3
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Term of Protection
The Convention establishes a minimum term of protection. Berne,
art. 7. Member states are free to provide greater protections (as does the
U.S. currently, see 17 U.S.C. § 302(a) (2000)),4 but the term of protection
may not fall below the life of the author plus 50 years. The 50-year period
begins to run on the 1st of January following the year of the author’s
death. Cinematographic works require only a minimum protection of 50
years from creation or publication. Berne, art. 7(2). Another significant
exception to the life-plus-fifty minimum occurs in the case of
photographic works, which need only be protected for 25 years from the
date of their creation. Berne, art. 7(4).
Extent of Protection
Berne mandates two primary categories of protective rights for the
works it affects. These are economic rights to the use and proceeds from
the use of the work and moral rights rooted in the work itself.
The original 1886 version of the Convention contained only the
right to authorize translations. Other economic rights have been added
over the past century by subsequent revisions of the Convention.
Currently, the major economic rights consist of the exclusive right of the
authors of protected works to authorize:
Translation. Berne, art. 8.
Reproduction. Berne, art. 9. Legal exceptions analogous to
fair use also apply to the Convention’s grant of the right to
reproduce protected works. See Berne, art. 9(2), 10-10bis.
Performance. This right includes the exclusive right to
authorize performance of translations. Berne, art. 11. In
general, all of the economic rights cover translations in
addition to the original work. Authorization to produce a
translation thus carries no right to adapt or perform the
translation.
4
The passage of the sonny Bono Copyright Term Extension Act of 1998, Pub. L. No.
105-298, 112 Stat. 2627, increased the standard term of protection to the life of the author
plus 70 years.
4
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This article is for informational purposes and is not intended to constitute legal advice.
Broadcasting. Berne, art. 11bis.
Public Recitation. Berne, art. 11ter.
Adaptations, arrangements, and alterations. Berne, art. 12.
Additionally, Article 14 grants the specific exclusive right to
authorize the creation and performance of cinematic
adaptations.
The exclusive rights enumerated by § 106 of the United States
Copyright Act reflect all of these required economic rights. Subsection (1)
grants the exclusive right of reproduction. 17 U.S.C. § 106(1) (2000).
Translations and adaptations are covered by the right to prepare derivative
works. 17 U.S.C. § 101, 106(2) (2000). Recitations are included in the §
101 definition of “performance,” and broadcast rights are included in the
transmission clause of the § 101 definition of “public” performance. 17
U.S.C. § 101, 106(4) (2000). Section 106 also contains a general right of
distribution that was not mandatory under the Convention, although the
WIPO Copyright Treaty, a 1996 protocol to Berne, later added this
requirement. WIPO Copyright Treaty, Dec. 20, 1996, art. 6, at
http://www.wipo.int/clea/docs/en/wo/wo033en.htm.
Article 14ter allows member states to create the right to a residual
interest in sales of original works of art “subsequent to the first transfer by
the author of the work.” This right is not, however, mandatory.
The Convention’s mandate of moral rights was a primary
stumbling block that prevented the United States from joining the
Convention until 1989. Moral rights grew out of the civil law tradition
employed in much of the world. Civil law countries emphasize an
ultimate goal of protecting an author’s rights in his work. The U.S., on the
other hand, views copyright as a tool to maximize creative output by
balancing authors’ rights with the public’s right of access, resulting in a
more flexible approach to protection.
There are two primary moral rights, both of which are required
under Article 6bis(1) of the Berne Convention: the right of attribution and
the right of integrity. Attribution refers to an author’s right to be credited
by name for his work. Integrity refers to an author’s right to object to
particular uses of his work which may distort, mutilate, or modify it, even
in cases where the work itself has been sold by its creator. As such, moral
rights are inalienable from the author, and Berne member states are not
5
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required to extend their application beyond an author’s death. The U.S.
passed moral rights amendments to its copyright law in 1990 so as to bring
it into compliance with the newly-ratified Convention, but Congress
limited the application of those rights to works of visual art. 17 U.S.C. §
106A (2000).
Miscellaneous Provisions
Berne features a number of other miscellaneous provisions, two of
which are worth mentioning:
Article 5 authorizes member countries to use reciprocity
against non-member countries that fail to protect the works of
member countries. Nationals of such countries may be subject
to restrictions on the protection of their works in Berne
member states.
Article 18 requires member states to restore protection over
works which previously fell into the public domain for reasons
other than expiration of the term of protection.
Interoperability of Berne with other Multilateral
Copyright Treaties
In the nearly century and a quarter of the Convention’s
governance, several other multinational treaties have been signed which
impact the international protection of intellectual property. The three key
treaties which interoperate with Berne are the UCC, TRIPS, and the WIPO
Copyright Treaty.
The Universal Copyright Convention (“UCC”), originally signed
in 1952 and revised most recently at the same time as the last revision to
the Convention, contains less substantive protection than does the
Convention.5 The UCC contains no moral rights, only a 25-year minimum
for protection, and permits the use of formal notice requirements. The
5
The Universal Copyright Convention, September 6, 1952, as revised at Paris on July 24,
1971, 25 U.S.T. 1341, 943 U.N.T.S. 178 [hereinafter UCC].
6
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This article is for informational purposes and is not intended to constitute legal advice.
lowered standards of the UCC are largely due to the fact that the treaty
was initiated to involve the U.S., which had not ratified Berne, in
international copyright protection. Because the UCC offers less
protection, it also prevents Berne members from “regressing” –
withdrawing from Berne and relying only on the UCC in dealing with
other Berne members. UCC, App. Decl. Re: Art. XVII.
In 1994, the United States accepted the Uruguay Round of the
World Trade Organization’s (“WTO”) General Agreement on Tariffs and
Trade (“GATT 94”), including the Agreement on Trade-Related Aspects of
Intellectual Property Rights (“TRIPS”).6 TRIPS expressly requires
signatories to comply with the requirements of the Convention, with the
exception of Berne’s protection of moral rights. Further, it states that
computer programs (both source and object code) are literary works under
Berne.
The most recent international agreement with an impact on the
standards of the Berne Convention is 1998’s WIPO Copyright Treaty
(“WCT”).7 As mentioned previously, the WCT is a protocol to the
Convention. The WCT upgraded Berne’s protections by requiring
members to provide general rights of distribution, rental, and
“communication to the public” (addressing Internet distribution), as well
as anti-circumvention provisions. WCT, arts. 6-8, 11. The anticircumvention provisions of WIPO were effected in the U.S. by the
Digital Millennium Copyright Act, Pub. L. 105-304, 112 Stat. 2860
(1998).
6
Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994,
Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, THE
LEGAL TEXTS: THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL
TRADE NEGOTIATIONS 320 (1999), 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994)
[hereinafter TRIPS].
7
WIPO Copyright Treaty, Dec. 23, 1996, 36 I.L.M. 65 (1997).
7
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This article is for informational purposes and is not intended to constitute legal advice.
Summary: When Will the Protections of the Berne
Convention Apply?
The steps below are designed to provide an analytical framework
for the application of the Berne Convention’s minimum protections.
Is the author of the
work domiciled in a
Berne member state?
NO
YES
Is the author a
national of a Berne
member state?
YES
NO
Was the work initially
published in a Berne
member state?
NO
Was the work published
in a Berne member state
within 30 days of its first
publication elsewhere?
The work is
YES
protected by Berne
YES
YES
NO
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This article is for informational purposes and is not intended to constitute legal advice.
The work is not
protected by Berne
8
Member Nations to the Berne Convention for the
Protection of Literary and Artistic Works
Berne Convention (1886), completed at Paris (1896), revised at Berlin (1908),
completed at Berne (1914), revised at Rome (1928), at Brussels (1948),
at Stockholm (1967) and at Paris (1971), and amended in 1979
(Berne Union)
Status on June 28, 2004
State
Date on which State
became party to the
Convention
Latest Acti of the Convention to which State is party
and date on which State became party to that Act
Albania ...............................
Algeria ................................
Andorra...............................
Antigua and Barbuda ..........
Argentina ............................
March 6, 1994
April 19, 1998
June 2, 2004
March 17, 2000
June 10, 1967
Armenia ..............................
Australia..............................
Austria ................................
Azerbaijan...........................
Bahamas..............................
October 19, 2000
April 14, 1928
October 1, 1920
June 4, 1999
July 10, 1973
Bahrain ...............................
Bangladesh..........................
Barbados .............................
Belarus................................
Belgium ..............................
Belize ..................................
Benin...................................
Bolivia ................................
Bosnia and Herzegovina .....
Botswana.................................
Brazil ..................................
Bulgaria ..............................
Burkina Faso.......................
Cameroon............................
March 2, 1997
May 4, 1999
July 30, 1983
December 12, 1997
December 5, 1887
June 17, 2000 iv
January 3, 1961
November 4, 1993
March 1, 1992
April 15, 1998
February 9, 1922
December 5, 1921
August 19, 1963vi
September 21,
Canada ................................
Cape Verde .........................
Central African Republic ....
Chad....................................
April 10, 1928
July 7, 1997
September 3, 1977
November 25, 1971
Chile ...................................
China...................................
Colombia ............................
Congo .................................
Costa Rica...........................
Côte d'Ivoire .....................
June 5, 1970
October 15, 1992
March 7, 1988
May 8, 1962iv
June 10, 1978
January 1, 1962
Croatia ................................
Cuba....................................
October 8, 1991
February 20, 1997
Paris:
Paris:
Paris:
Paris:
Paris,
Paris,
Paris:
Paris:
Paris:
Paris:
Brussels:
Paris,
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris,
Paris,
Paris:
Paris:
Paris:
Brussels:
Stockholm,
Paris:
Paris:
Paris:
Paris:
Paris:
Paris,
Paris,
Paris:
Paris:
March 6, 1994ii, iii
April 19, 1998
June 2, 2004
March 17, 2000
Articles 1 to 21: February 19, 2000
Articles 22 to 38: October 8, 1980
October 19, 2000
March 1, 1978
August 21, 1982
June 4, 1999
July 10, 1973
Articles 22 to 38:
January 8, 1977ii
iii
March 2, 1997
May 4, 1999iii, 14
July 30, 1983
December 12, 1997
September 29, 1999
June 17, 2000
March 12, 1975
November 4, 1993
March 1, 1992v
April 15, 1998
April 20, 1975
December 4, 1974
January 24, 1976
Articles 1 to 21: October 10, 1974
Articles 22 to 38: November 10, 1973
June 26, 1998
July 7, 1997
September 3, 1977 vii,viii
November 25, 1971
Articles 22 to 38: November 25, 1971
July 10, 1975
October 15, 1992ix
March 7, 1988
December 5, 1975
June 10, 1978
Articles 1 to 21: October 10, 1974
Articles 22 to 38: May 4, 1974
October 8, 1991 ii, iii,xiv
February 20, 1997
9
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This article is for informational purposes and is not intended to constitute legal advice.
State
Date on which State
became party to the
Convention
Latest Acti of the Convention to which State is party
and date on which State became party to that Act
Cyprus.................................
Czech Republic...................
Democratic People’s Republic
of Korea ............................
Democratic Republic
of the Congo .....................
Denmark .............................
Djibouti...............................
Dominica ............................
Dominican Republic ...........
Ecuador...............................
Egypt...................................
El Salvador .........................
Equatorial Guinea ...............
Estonia ................................
Fiji.......................................
February 24, 1964iv
January 1, 1993
Paris:
Paris:
July 27, 1983v
January 1, 1993
April 28, 2003
Paris:
April 28, 2003ii,iii
October 8, 1963iv
July 1, 1903
May 13, 2002
August 7, 1999
December 24, 1997
October 9, 1991
June 7, 1977
February 19, 1994
June 26, 1997 x
October 26, 1994 iv
December 1, 1971
Finland ................................
France .................................
April 1, 1928
December 5, 1887
Gabon .................................
Gambia ...............................
Georgia ...............................
Germany .............................
March 26, 1962
March 7, 1993
May 16, 1995
December 5, 1887
Ghana..................................
Greece.................................
Grenada...............................
Guatemala...........................
Guinea.................................
Guinea-Bissau ...................
Guyana................................
Haiti ....................................
Holy See .............................
Honduras.............................
Hungary ..............................
October 11, 1991
November 9, 1920
September 22, 1998
July 28, 1997
November 20, 1980
July 22, 1991
October 25, 1994
January 11, 1996
September 12, 1935
January 25, 1990
February 14, 1922
Iceland ................................
September 7, 1947
India....................................
April 1, 1928
Indonesia.............................
Ireland.................................
September 5, 1997
October 5, 1927
Israel ...................................
Italy.....................................
Jamaica ...............................
Japan ...................................
Jordan .................................
Kazakhstan..........................
Kenya..................................
Kyrgyzstan..........................
Latvia ..................................
Lebanon ..............................
Lesotho ...............................
March 24, 1950
December 5, 1887
January 1, 1994
July 15, 1899
July 28, 1999
April 12, 1999
June 11, 1993
July 8, 1999
August 11, 1995xv
September 30, 1947
September 28, 1989
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Brussels:
Stockholm,
Paris:
Paris,
Paris,
Paris:
Paris:
Paris:
Paris,
Paris,
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris,
Paris,
Paris,
Paris,
Paris,
Paris,
Paris:
Brussels:
Stockholm:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Rome:
Paris:
January 31, 1975
June 30, 1979
May 13, 2002
August 7, 1999
December 24, 1997
October 9, 1991
June 7, 1977ii
February 19, 1994
June 26, 1997
October 26, 1994
December 1, 1971
Articles 22 to 38: March 15, 1972
November 1, 1986
Articles 1 to 21: October 10, 1974
Articles 22 to 38: December 15, 1972
June 10, 1975
March 7, 1993
May 16, 1995
Articles 1 to 21: October 10, 1974xi
Articles 22 to 38: January 22, 1974
October 11, 1991
March 8, 1976
September 22,ii 1998
July 28, 1997
November 20, 1980
July 22, 1991
October 25, 1994
January 11, 1996
April 24, 1975
January 25, 1990
Articles 1 to 21: October 10, 1974
Articles 22 to 38: December 15, 1972
Article 1 to 21: August 25, 1999
Articles 22 to 38: December xii,xiii
28, 1984
Articles 1 to 21: May 6, 1984
Articles 22 to 38: January
10, 1975ii
September 5, 1997ii
July 5, 1959
Articles 22 to 38:
December 21, 1970
January 1, 2004ii
November 14, 1979
January 1, 1994
April 24, 1975ii,iii,xiv
July 28, 1999
April 12, 1999
June 11, 1993
July 8, 1999
August 11, 1995
September 30, 1947ii
September 28, 1989
10
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State
Date on which State
became party to the
Convention
Latest Acti of the Convention to which State is party
and date on which State became party to that Act
Liberia.................................
Libyan Arab Jamahiriya......
Liechtenstein.......................
Lithuania.............................
Luxembourg........................
Madagascar.........................
Malawi ................................
Malaysia..............................
Mali.....................................
Malta...................................
March 8, 1989
September 28, 1976
July 30, 1931
December 14, 1994
June 20, 1888
January 1, 1966
October 12, 1991
October 1, 1990iv
March 19, 1962
September 21, 1964
Mauritania...........................
Mauritius.............................
Mexico ................................
Micronesia (Federated States
Monaco ...............................
Mongolia..................................
Morocco..............................
Namibia ..............................
Netherlands.........................
February 6, 1973
May 10, 1989
June 11, 1967
October 7, 2003
May 30, 1889
March 12, 1998
June 16, 1917
March 21, 1990
November 1, 1912
New Zealand.......................
Nicaragua............................
Niger ...................................
Nigeria ................................
Norway ...............................
April 24, 1928
August 23, 2000
May 2, 1962iv
September 14, 1993
April 13, 1896
Oman ..................................
Pakistan...............................
July 14, 1999
July 5, 1948
Panama ...............................
Paraguay .............................
Peru.....................................
Philippines ..........................
June 8, 1996
January 2, 1992
August 20, 1988
August 1, 1951
Poland .................................
January 28, 1920
Portugal...............................
Qatar ...................................
Republic of Korea...............
Republic of Moldova ..........
Romania..............................
Russian Federation..............
Rwanda ...............................
Saint Kitts and Nevis ..........
Saint Lucia..........................
Saint Vincent and
the Grenadines ..................
Saudi Arabia .......................
Senegal ...............................
Serbia and Montenegro.......
Singapore ............................
Slovakia ..............................
Slovenia ..............................
South Africa ......................
March 29, 1911
July 5, 2000
August 21, 1996
November 2, 1995
January 1, 1927
March 13, 1995
March 1, 1984
April 9, 1995
August 24, 1993
Paris:
Paris:
Paris:
Paris:
Paris:
Brussels:
Paris:
Paris:
Paris:
Rome:
Paris,
Paris:
Paris:
Paris:
Paris:
Paris:
Paris
Paris:
Paris:
Paris,
Paris,
Rome:
Paris:
Paris:
Paris:
Paris,
Paris,
Paris:
Rome:
Stockholm,
Paris:
Paris:
Paris:
Paris,
Paris,
Paris,
Paris,
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
March 8, 1989ii
September 28, 1976ii
September 23, 1999ii
December 14, 1994
April 20, 1975
January 1, 1966
October 12, 1991
October 1, 1990
December 5, 1977
September 21, 1964
Articles 22 to 38: December 12, 1977ii
September 21,ii 1976
May 10, 1989
December 17, 1974
October 7, 2003
November 23, 1974
March 12, 1998ii, iii, 14
May 17, 1987
December 24, 1993
Articles 1 to 21: January 30, 1986xvixvii
Articles 22 to 38: January 10, 1975
December 4, 1947
August 23, 2000
May 21, 1975
September 14, 1993
Articles 1 to 21: October 11, 1995xi
Articles 22 to 38: June 13, 1974
ii, 14
July 14, 1999
July 5, 1948vii
Articles 22 to 38: January 29 or February 26, 1970
June 8, 1996
January 2, 1992
August 20, 1988
Articles 1 to 21: June 18, 199714
Articles 22 to 38: July 16, 1980
Articles 1 to 21: October 22, 1994
Articles 22 to 38:xviii
August 4, 1990
January 12, 1979
July 5, 2000
August 21, 1996
November 2, 1995
September 9, 1998
March 13, 1995
March 1, 1984
April 9, 1995 ii
August 24, 1993
August 29, 1995
March 11, 2004
August 25, 1962
April 27, 1992
December 21, 1998
January 1, 1993
June 25, 1991
October 3, 1928
Paris:
Paris
Paris:
Paris:
Paris:
Paris:
Paris:
Brussels:
August 29, 1995
March 11, 2004
August 12, 1975
April 27, 1992v
December 21, 1998iii
January 1, 1993
June 25, 1991v
August 1, 1951
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11
State
Date on which State
became party to the
Convention
Spain ...................................
December 5, 1887
Sri Lanka.............................
July 20, 1959iv
Sudan ..................................
Suriname.............................
Swaziland............................
Sweden ...............................
December 28, 2000
February 23, 1977
December 14, 1998
August 1, 1904
Switzerland .........................
Syrian Arab Republic .........
Tajikistan ............................
Thailand ..............................
December 5, 1887
June 11, 2004
March 9, 2000
July 17, 1931
The former Yugoslav
Republic of Macedonia ...
Togo....................................
Tonga..................................
Trinidad and Tobago ..........
Tunisia ................................
Turkey.................................
Ukraine ...............................
United Arab Emirates .........
United Kingdom .................
United Republic of Tanzania ....
United States of America....
Uruguay ..............................
Venezuela ...........................
Zambia ................................
Zimbabwe ...........................
September 8, 1991
April 30, 1975
June 14, 2001
August 16, 1988
December 5, 1887
January 1, 1952
October 25, 1995
July 14, 2004
December 5, 1887
July 25, 1994
March 1, 1989
July 10, 1967
December 30, 1982
January 2, 1992
April 18, 1980
(Total: 155 States)
Latest Acti of the Convention to which State is party
and date on which State became party to that Act
Paris,
Paris,
Paris,
Rome:
Paris,
Paris:
Paris:
Paris:
Paris,
Paris,
Paris:
Paris
Paris:
Paris,
Paris,
Articles 22 to 38: March 24, 1975ii
Articles 1 to 21: October 10, 1974
Articles 22 to 38: February 19, 1974
July 20, 1959
Articles 22 to 38: September 23, 1978
December 28, 2000
February 23, 1977
December 14, 1998
Articles 1 to 21: October 10, 1974
Articles 22 to 38: September 20, 1973
September 25, 1993
June 11, 2004
March 9, 2000
Articles 1 to 21: September 2, 1995xixii
Articles 22 to 38: December 29, 1980
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Paris
Paris:
Paris:
Paris:
Paris:
Paris:
Paris:
Rome:
Paris,
September 8, 1991
April 30, 1975
June 14, 2001
August 16, 1988ii
August 16, 19752
January 1, 1996
October 25, 1995
July 14, 200414 xi, xx
January 2, 1990
July 25, 1994ii
March 1, 1989
December 28, 1979ii
December 30, 1982
January 2, 1992
April 18, 1980
Articles 22 to 38: December 30, 1981
i
“Paris” means the Berne Convention for the Protection of Literary and Artistic Works as
revised at Paris on July 24, 1971 (Paris Act); “Stockholm” means the said Convention as
revised at Stockholm on July 14, 1967 (Stockholm Act); “Brussels” means the said
Convention as revised at Brussels on June 26, 1948 (Brussels Act); “Rome” means the
said Convention as revised at Rome on June 2, 1928 (Rome Act); “Berlin” means the
said Convention as revised at Berlin on November 13, 1908 (Berlin Act).
ii
With the declaration provided for in Article 33(2) relating to the International Court of
Justice.
iii
Pursuant to Article I of the Appendix of the Paris Act, this State availed itself of the
faculties provided for in Articles II and III of the said Appendix. The relevant declaration
is effective until October 10, 2004.
iv
Date on which the declaration of continued adherence was sent, after the accession of
the State to independence.
v
Subject to the reservation concerning the right of translation.
12
© 2004 Sutherland Asbill & Brennan LLP. All Rights Reserved.
This article is for informational purposes and is not intended to constitute legal advice.
vi
Burkina Faso, which had acceded to the Berne Convention (Brussels Act) as from
August 19, 1963, denounced the said Convention as from September 20, 1970. Later on,
Burkina Faso acceded again to the Berne Convention (Paris Act); this accession took
effect on January 24, 1976.
vii
This State deposited its instrument of ratification of (or of accession to) the Stockholm
Act in its entirety; however, Articles 1 to 21 (substantive clauses) of the said Act have not
entered into force.
viii
In accordance with the provision of Article 29 of the Stockholm Act applicable to the
States outside the Union which accede to the said Act, this State is bound by Articles 1 to
20 of the Brussels Act.
ix
The Paris Act applies also to the Hong Kong Special Administrative Region with effect
from July 1, 1997, and to the Macau Special Administrative Region with effect from
December 20, 1999.
x
Estonia acceded to the Berne Convention (Berlin Act, 1908) with effect from
June 9, 1927. It lost its independence on August 6, 1940, and regained it on
August 20, 1991.
xi
This State has declared that it admits the application of the Appendix of the Paris Act to
works of which it is the State of origin by States which have made a declaration under
Article VI(1)(i) of the Appendix or a notification under Article I of the Appendix. The
declarations took effect on October 18, 1973, for Germany, on March 8, 1974, for
Norway and on September 27, 1971, for the United Kingdom.
xii
This State declared that its ratification shall not apply to the provisions of Article
14bis(2)(b) of the Paris Act (presumption of legitimation for some authors who have
brought contributions to the making of the cinematographic work).
xiii
This State notified the designation of the competent authority provided by Article
15(4) of the Paris Act.
xiv
Pursuant to Article I of the Appendix of the Paris Act, this State availed itself of the
faculties provided for in Articles II and III of the said Appendix. The relevant declaration
is effective until October 10, 2014.
xv
Latvia acceded to the Berne Convention (Rome Act, 1928) with effect from
May 15, 1937. It lost its independence on July 21, 1940, and regained it on
August 21, 1991.
xvi
Ratification for the Kingdom in Europe.
xvii
Ratification for the Kingdom in Europe. Articles 22 to 38 of the Paris Act apply also
to the Netherlands Antilles and Aruba.
xviii
Pursuant to the provisions of Article 14bis(2)(c) of the Paris Act, this State has made
a declaration to the effect that the undertaking by authors to bring contributions to the
making of a cinematographic work must be in a written agreement. This declaration was
received on November 5, 1986.
xix
Pursuant to Article I of the Appendix of the Paris Act, this State availed itself of the
faculty provided for in Article II of the said Appendix. The relevant declaration is
effective until October 10, 2004.
xx
The United Kingdom extended the application of the Paris Act to the Isle of Man with
effect from March 18, 1996.
13
© 2004 Sutherland Asbill & Brennan LLP. All Rights Reserved.
This article is for informational purposes and is not intended to constitute legal advice.