In 1886, in Switzerland in Bern in order to protect works of art and literature has adopted a convention, which received its name from the place of creation.Initially, as its members were countries such as Britain, France, Germany, Belgium, Tunisia, Switzerland and Spain.Subsequently, the Berne Convention, and began to operate in other countries that acceded to, and by 2010 their number was already 164 States.
Russia became a party 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.
Convention revised several times: in 1908 in Berlin, in 1928 in Rome, in 1948, in Brussels, in 1967, in Stockholm, in 1971 in Paris.Government of the member countries have reserved the right to enter into special agreements, the level of protection granted to the author higher than provided for by the Convention.
Based Berne Convention of 1886 on the principles of:
- national treatment.Each of the participating countries obliged to provide citizens of other countries, such as copyrights, as well as its citizens.Proceedings arising from copyright infringement, carried out on the basis of the law of the State in whose territory the product is used;
- independence, protection of works.That is, it is carried out regardless of whether they are protected in other countries.An exception may be the case where the law provides for the termination of protection of a work, on which his term has expired in the country where the product was created;
- automatic protection of intellectual property.The Berne Convention provides that the appearance of copyright occurs without preliminary formalities (any statement, registration, etc.) automatically after the first publication of the work or fixation in tangible form;
- presumption of authorship.That is, the creator is the one whose alias or name appears on the cover if there is no evidence to the contrary.
Berne Copyright Convention extends protection to these works of art, science, literature, lectures, books, brochures, drawings, sculpture, painting, architecture, photography, drawing, dance, musical, cinematographic works, and others. The period for which it isprovided - the lifetime of the author's works and 50 years after his death.
Berne Convention contains a provision that counterfeit products are subject to arrest in any of the countries in the Union where the work enjoys legal protection.
author provides the following exclusive rights:
- public performance of musical and dramatic works;
- a public reading of literary works;
- reproduction (by any means and forms);
- for public broadcasting (radio and television time);
- on cinematographic adaptation;
- on adaptations, arrangements, and other changes.
Berne Convention retains the member states the right to determine their own degree of application of the legislation to the industrial designs, designs, works of applied art, as well as conditions for their protection.
legislation of the participating countries, as well as special agreements between them may authorize the use of artistic and literary works as illustrations of educational character on television and radio programs, publications in the subject of "good manners and customs."
administrative functions over the implementation of the provisions of the Berne Convention entrusted to the World Intellectual Property Organization.