Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works, adopted in 1886, is the oldest international treaty in the field of copyright. It is currently administered by WIPO.

• Objective: To provide authors with a uniform way to protect their creative works across international borders.

• Three Basic Principles:

  1. National Treatment: Works originating in one contracting state must be given the same protection in each of the other contracting states as the latter grants to the works of its own nationals.

  2. Automatic Protection: Protection must not be conditional upon any formality (like registration or payment of fees). Copyright is granted the moment the work is created.

  3. Independence of Protection: Protection is independent of the existence of protection in the country of origin of the work.

• Minimum Standards of Protection:

  • Duration: The general rule is protection for the life of the author plus 50 years (though many countries, like India, have extended this to 60 years or more).

  • Moral Rights: It recognizes the author's right to claim authorship and the right to object to any mutilation or deformation of the work that would be prejudicial to their honor.

• Subject Matter: It covers a vast range of creative expressions, including novels, songs, paintings, sculptures, and cinematograph works.