Copyright and the Berne Convention

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

There are two types of rights under copyright:

  • economic rights, which allow the rights owner to derive financial reward from the use of their works by others; and
  • moral rights, which protect the non-economic interests of the author.

Most copyright laws state that the rights owner has the economic right to authorise or prevent certain uses in relation to a work or, in some cases, to receive remuneration for the use of their work (such as through collective management). The economic rights owner of a work can prohibit or authorize:

  • its reproduction in various forms, such as printed publication or sound recording;
  • its public performance, such as in a play or musical work;
  • its recording, for example, in the form of compact discs or DVDs;
  • its broadcasting, by radio, cable or satellite;
  • its translation into other languages; and
  • its adaptation, such as a novel into a film screenplay.

Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose changes to a work that could harm the creator’s reputation.

The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them.

In the majority of countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities. Still, most countries have a system in place to allow for the voluntary registration of works. Such voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales and the assignment and/or transfer of rights.

If you want to learn more about the Berne Convention provisions, visit the site of the World Intellectual Property Organization (WIPO), where you will also find different tools for authors, including their FAQs on copyright and
WIPO Lex, which provides free of charge access to legal information on intellectual property from around the world.

Source: World Intellectual Property Organization website.

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