401/1921.
Convention
Berne for the protection of literary and artistic works, as revised in Berlin
on 13 November. November 1908.
His Majesty the King of Prussia, German Emperor, Empire, German; His
Majesty King of Aquitania. His Majesty the King of Denmark; His Majesty
the King of Spain; President of the French Republic; His Majesty the King
The United Kingdom of Great Britain and Ireland, Emperor of India; His
Majesty King Italian; His Majesty the Emperor of Japan, president
the Republic of Liberie; His Royal Highness the Grand Duke of Luxembourg,
the Duke of Nassavský; His Highness the Prince of Monaco's brightest; His
Majesty the King of Norway; His Majesty the King of Sweden; The Federal Council
Swiss spříseženstva; His Highness The Bey Of Tunisia,
Equally inspired by a desire to chrániti a way as possible, an effective, as well as
uniform rights of authors in their literary and artistic works,
they decided to uzavříti this Convention for the purpose of verifying
the Berne Convention of 9 December 1999. September 1886, the additional article and the final
a protocol attached to the same Convention as well as the supplementary Charter and
explaining the Paris Declaration of 4 March 1975. in may 1896.
To do this, the objectives were appointed for the plnomocníky:
His Majesty the German Emperor, King of Prussian:
His Excellence Mr. Dr. von Studt, Royal Prussian Minister of State;
His Excellence Mr. Dr. von Koerner, the real secret Council, Director in
the Foreign Office;
Mr. Dr. Dunngs, top secret Government Council, lecturer Council
the Ministry of Justice;
Mr. Dr. Goebel von Harrant, a secret Council legační, lecturer Council
the Foreign Office;
Mr. Robolski, Chief of the secret Council of Government of the Ministry Council, lecturer
the Interior;
Mr. Dr. Kohler, the Judicial Council, the secret law school Professor
the University of Berlin;
Mr. Dr. Osterrieth, Professor, Secretary General of the Association for the protection of
ownership of the design.
His Majesty the King of Aquitania:
Della Faille de, count Leverghem, legační Council in Berlin;
Mr. j. de Borchgrave, Attorney appelačního the Court in Brussels, former member of the
the Chamber of Deputies;
Mr P. Wauwermans, Attorney appelačního the Court in Brussels, the
the Chamber of Deputies.
His Majesty the King of Denmark:
Mr. j. Hegermann-Lindencrone, h., Special Envoy, the authorised
the Minister of his Majesty the King of Denmark in Berlin.
His Majesty the King of Spain:
His Excellence Mr. Luis Polo de Bernabé, Ambassador Extraordinary and Plenipotentiary
the Ambassador of his Majesty the King of Spain in Berlin;
Mr. Eugenio Ferraz y Alcala Galiano, the Ambassador Council of Berlin.
President Of The French Republic:
His Excellence Mr. Jules Cambon, Ambassador Extraordinary and Plenipotentiary
The Republic of France in Berlin;
Mr. Ernest Lavisse, Member of the French Academy, Professor of philosophy
Faculty in Paris, Director of the École normale supérieure;
Mr. Paul Hervieu, a member of the French Academy, the President of the Company
the dramatic authors and composers;
Mr. Louis Renault, a member of the Institute, Honorary Minister Plenipotentiary,
Professor, Faculty of law in Paris;
Mr. Fernand Gavarry, Minister Plenipotentiary first class, the Director of the administrative and
technical matters of the Ministry of Foreign Affairs;
Mr. Breton, Director of the State Office for industrial property;
Mr. Georges Lecomte, Chairman of the Society of authors.
His Majesty the King of the United Kingdom of Great Britain and Ireland
Emperor of India:
Sir Henry Bergne, former head of the Business Department in the Foreign Office;
Mr. George Ranken Askwith, the Royal Council, Assistant to the Secretary at
Board of Trade;
count de Salis, the Ambassador Council of Berlin.
His Majesty the King of the Italian:
His Excellence Commander Alberto Pansa, Ambassador Extraordinary and Plenipotentiary
His Majesty the King of the Italian Ambassador in Berlin;
Commander Samuele Ottolenghi, Director of the Department for intellektuelní
property rights;
Knight Emilio Venezian, engineer, industrial Inspector;
Mr. Augusto Ferrari, lawyer, Vice-President of the Italian society of authors.
His Majesty the Emperor of Japan:
Mr. Dr. Mizuno Rentaro, lecturer Council of the Ministry of the Interior;
Mr. Horiguchi Kumaichi, Second Secretary, Embassy in Stockholm.
The President Of The Republic Of Liberie:
The delegation of the German Empire, and on behalf of this His Excellence Mr. Dr. von
Koerner, the real secret Council, Director of the Foreign Office;
His Royal Highness the Grand Duke of Luxembourg, Duke of Nassavským:
count Dr. Hippolite de Villers, chargé d'affaires in Luxembourg
Berlin.
His Highness Prince Composition the brightest:
Baron de Rolland, president of the Supreme Court.
His Majesty the King of Norway:
Mr Klaus, head of the Department of the Ministry of labor Hoel cult and public
teaching.
His Majesty the King of Sweden:
earlier, the Ambassador Extraordinary and Taube authorized the Minister of his Majesty
the King of Sweden in Berlin;
Baron Peder Magnus Ugglas-de, referendár the Supreme Court of Justice.
Spříseženstva of the Swiss Federal Council:
Mr. Dr. Alfred de Claparéde, Ambassador Extraordinary and Minister Spříseženstva
Swiss-born in Berlin;
Mr W. Kraft, Attaché from the Federal Office for intellektuelní
ownership.
His Highness Bejem Tunisian:
Mr. Jean Gout, Consul General in the Ministry of Foreign Affairs in
Paris, France.
Who vyměnivše their full powers, which were found to be in good and due
the form, they agreed on the following articles:
Article 1
The Contracting States constitute a unity on the protection of copyright in literary and
artistic works.
Article 2
The expression "literary and artistic works" shall include all of creation scope
a literary, scientific or artistic, besides, how
or in what form have been reproduced as: books, brochures and other
the verb work; dramatic or dramatic-musical works, choreographic
and pantomime works, if is the plot for the stage in writing or by any other
way modified; works of music with text or without him; works of drawing,
painting, building, sculpture; engraving and kamenotiskařská;
illustrations, geographical maps; geographic, topographic, architectural or
scientific plans, sketches and plastic display.
The same protection as original works, without prejudice to the copyright in
original work, translations, editing (adaptation), music editing
(arrangements), and other modified reproduction of the works of literary or
artistic, as well as collections of different works.
To that end, the Contracting States are obliged to protect the works mentioned above.
Works industrially applied art provides the protection, if it
the internal legislation of the permitted by the State.
Article 3
This Convention applies to the photographic work and the works made
a similar March in shooting. The Contracting States are obliged to
There needs protection.
Article 4
The authors of the respective States to one of Unity have both for
neuveřejněná and works in a State of unity for the first time published
in all Contracting States, in addition to the State where the work was created, the same rights,
that the relevant laws already provide or shall provide authors with the domestic,
as well as the rights specifically provided for in this Convention.
The enjoyment and exercise of these rights are not obligated to any formality; This
the enjoyment and the exercise of rights are neodvislá from the existing protection in the
the country where the work was created. Therefore, in addition to the provisions of this Convention shall be governed by
the scope of protection, as well as legal equipment belonging to the author, to serve
its rights exclusively the laws of the State in which protection is sought for.
For the State of origin of a work shall be considered: for works of neuveřejněná the home State
the author's; for works published by the State in which it was first published,
and for works published simultaneously in several countries of the unity of the State,
the legislation provides the shortest time fence. With regard to the
works published at the same time in the State to the Union of nepřistoupivším and in the State
Unity, the latter solely for the State of origin.
The published parts is within the meaning of this Convention according to works released.
Putting on the scene of a dramatic work or dramatic-musical, performing
works of music, exposure to the work of art and construction works
the building it is not considered publication.
Article 5
Members of one of the States of the Union, who works for the first time
published in some other State of unity in this State, shall enjoy the same
rights as authors of the home.
Article 6
Authors who are not nationals of one of the States of unity and who their
works for the first time in one of these States shall publish, in that State have the same
rights as domestic authors and in the other States of the unity of rights that
This Convention provides.
Article 7
This Convention provided protection lasts for the life of the author and fifty years after
his death.
In the event, however, this period has not been uniformly accepted by all States
Unity will be adjusted accordingly to the laws of the State in which protection is sought;
However, it cannot be longer than the term provided for in the State where the work was created.
States parties are therefore obliged to use only the extent of the provisions of
the preceding paragraph, at which it can be srovnati with their internal
further legislation.
As regards works of photographic and art made the March in a similar
photography, works posthumous, pseudonymous or anonymous, is governed by the
the period of protection by the law of the State where it asks for the protection of the
This period to be longer than the term provided for in the State in which the work appeared.
Article 8
The authors of the works of neuveřejněných, relevant to one of the State unity, and
the authors of works first published in one of these States shall enjoy in the
other countries of unity for the duration of the rights to the original work
the exclusive rights to their works, or translation of the překládati povoliti.
Article 9
Feuilletonové novels, novellas, and all the other works in the field of literature,
the science of art, let the neb is the subject of any of them, published in a newspaper
or in periodic journals a State of unity, not without
the author's authorisation shall be published in the other States.
In addition to the feuilletonových novels and novellas, each newspaper article be
reprinted in other newspapers, not if its publication is expressly prohibited.
However, the source must be given; penalties for violation of this commitment provides for the
the legislation of the State in which they are asking for protection.
The protection of this Convention shall not apply to news of the day or for a different message concerns
current press releases.
Article 10
With regard to permission pojmouti excerpts from literary and artistic works
the issue, which are intended for teaching or scientific nature, or
in the chrestomatií, will be the decisive State unity and legislation
the special arrangements between them already taken or to be taken onwards.
Article 11
The provisions of this Convention shall apply to the public the operation of dramatic or
dramatickohudebních works and about the public operation of musical works, whether this
the work was published or not.
Authors of dramatic or dramatickohudebních works are protected for a period of
their rights to the original work as opposed to the public, by unauthorised
the operation of the translation of their works.
The authors shall enjoy the protection of this article, without the uveřejňujíce
his work, zakazovati them to the public.
Article 12
To illicit reproductions, which applies this Convention belongs in particular
an unauthorized, indirect appropriation of the literary work of art, the neb
as a musical adaptation, processing adaptation of the novel, the amendment or
poetry in the theatre piece and vice versa, and below, if they are merely reproductions
This works in the same or a different form, with minor changes, additions
or výpustkami, without judging the new character of the original work.
Article 13
The authors of musical works, it is for the exclusive right to permit:
1. the adaptation of those works to instruments used to have mechanical
reproduction;
2. the public performance of these same works mentioned instruments.
Reservations and conditions on the application of this article may be laid down,
the internal law of each State, in which it comes; the effectiveness of such
reservations and conditions is strictly limited to the State that is specified by him.
The provisions of the first paragraph does not have retroactive jurisdiction and therefore does not have the
State the unity of effect for her works, which was in this State
permissible way transferred to the mechanical tools before this
the Convention has taken responsibility.
Adjustment made under paragraph 2. 2. and 3. of this article and imported without
permission of the stakeholders in the State in which it has not been enabled, you can
there to be seized.
Article 14
The authors of works of literary, scientific, artistic and belongs to the exclusive right of the neb
povoliti the reproduction and public performance of their own works of cinema.
The same protection as literary and artistic works have a cinematographic
products, if the originator of the arrangement of the expedition or a combination of líčených
the event gave the piece a distinctive character of the original work.
Without prejudice to the copyright in the original work protects the cinematographic
reproduction of a literary, scientific or artistic as the original
the work.
The preceding provisions shall apply to reproduction or production obtained by any
Another March like the movies.
Article 15
To the authors of the works protected by this Convention were regarded as such, than
can the opposite and therefore was allowed to legally prosecute counterfeiters in
National Unity, just that their name was the usual
in the manner indicated on the work.
With anonymous or pseudonymních works is the authorized Publisher, its
the name given on the work, watch over the rights belonging to the author. This
shall be deemed without further proof for the successor to the anonymous neb
pseudonymního author.
Article 16
Each pseudo work may be confiscated by the competent authorities of the State
Unity, in which the original work has the right to legal protection.
In these States the seizure of týkati may also reproductions that
they come from a State in which the work does not have protection or longer.
The seizure shall be carried out in accordance with the internal legislation of the State.
Article 17
The provisions of this Convention shall not affect the respective rights in any way
the Government of each of the States of unity, so that the legislative measures and internal
the measure would allow police, guarded, prohibit the dissemination,
the operation, issuing of any work or production in respect of which would be
the competent authority was this right vykonávati.
Article 18
This Convention applies to all works that had not happened yet in the State where
rose, the expiry of the period of protection the General assets at a time when the company acquired
the effectiveness of the Convention.
However, a work of the expiry of the protection granted to him before in the
the Contracting State in which protection is claimed under a general property, shall vest in the
There again, the protection under the Convention.
This policy shall be applied under the provisions of special conventions, which have been
or will for that purpose among States of unity. If there is no such
conventions, modifies those States each, if its terms, the way
they will be used.
The foregoing provisions shall apply mutatis mutandis, if a state accedes to the unity
and extend the term of protection referred to in article 7.
Article 19
The provisions of this Convention shall not preclude the use of the requested
more far-reaching provisions, which would be released for legislation
a State of unity in favor of aliens at all.
Article 20
Unity Governments reserve the right to make mutual special
Edit, if these adjustments provide authors with a wider rights than
They provide unity, or contain other provisions that
are not contrary to this Convention. The provisions of the existing customizations that match
with those conditions, remain in force.
Article 21
The International Office established under the name "Office of international Unity on
the protection of literary and artistic works "will take on.
This Office is under the high protection of the Government of the Swiss spříseženstva,
which regulates its organization and supervises its operation.
The rules of procedure of the Office language is French.
Article 22
The International Bureau collects the messages of any kind, relating to the protection
Copyright in literary and artistic works of them; compares and
publishes it. The investigation takes place, which have a common benefit and interest to the
Unity and issued on the basis of the documents that give it a different administration,
periodic magazine in the French language on issues relating to
the subject of unity. The Governments of the States of the unity reserve, versatile
the consent of the hold the authority to uveřejňoval the issue in one or more
other languages, where according to the experience required.
The International Bureau either promptly for Federal members handed to them
Special report on the issues of the protection of literary and artistic works, which
Perhaps they need.
The Director of the International Office serves on the leadership of the annual report, which is
communicate to all members of the unity.
Article 23
The cost of the Office of international Unity shall be borne by the Contracting States in common. Up to the
the new decision must not be greater than 60,000 francs a year. This
amount may, if necessary, be increased by simple decision of some
of conferences, which is article 24.
That meant was the contribution of each State to these total costs,
roztřiďují the Contracting States and States which will accede to the Union,
the 6 classes, each of which contributes to a number of units,
namely:
1. class........... 25 units
2. " ........... 20 "
3. " ........... 15 "
4. " ........... 10 "
5. " ........... 5 "
6. " ........... 3 "
This is multiplied by the number of States of the coefficients of each class and the sum function as follows
of the results obtained is the number of units, which are divided the total
costs. Quotient indicates amount of load unit.
On his accession, declare each State into which those classes from the top
He wishes to be included.
The Swiss Government shall draw up the budget of the Office, supervise its expenditure, gives
necessary backups and shall draw up the annual account, which shall be communicated to all other
Governments.
Article 24
This Convention may be submitted to revisím, so that it made have been
repairs that qualify zdokonaliti system of unity.
This kind of questions, as well as those in other directions affecting the
the development of unity will be discussed in the Conference, which will be held
After a series of national unity delegates to such
States. Government of the State in which he has to prepare for the Conference, konati
participation the International Labour Office to the Conference. The Director of the
The Office participates in sessions of conferences and participation in negotiations without béře
the Advisory voice.
Any amendment of this Convention requires if it is to be valid for the unity,
the unanimous consent of the Contracting States.
Article 25
States which do not belong to a Union, and that guarantee the legal protection
the rights which this Convention, at their request, be allowed to
přistoupiti.
Access shall be in writing to the Government of the Swiss spříseženstva and this shall notify the
to all the other.
Access means, ipso facto, consent to all the terms and
participation in the all the benefits provided for by the Convention. However, it may
obsahovati designation of the provisions of the Convention of 9. September 1886 or additional
the acts of 4. in may 1896, that these States were considered necessary to debit
at least for now on instead of the corresponding provisions of this Convention.
Article 26
The Contracting States shall have the right at any time to přistoupiti to this Convention for its
colonies or foreign possessions.
For this purpose, may administer either of the General Declaration, according to which
all of their colonies or possessions are included in access, or
especially vyjmenovati ones that are included, or it obmeziti
they indicate that they have to be feared.
This statement shall be notified in writing to the Government of the Swiss spříseženstva and
this to everyone else.
Article 27
The Convention comes in the relations between the Contracting States, the place of the Convention
Berne from 9. September 1886 including the additional article and the final
the Protocol of the same date, as well as additional acts and explanatory declaration
of the 4. in may 1896. The implied Convention will remain in force in the
relations with those States which had not approved this Convention.
States, podepsavší this Convention can make a Mormon out vyměňujíce's
instrument of ratification, that wish to stay tied in the neb that point
the provisions of the conventions that have previously signed.
Article 28
This Convention shall be ratified and the instruments of ratification in Berlin
1 at the latest. July 1910.
Each party commits to exchange instruments of ratification of the only
the Charter, which, along with the documents of other States will be stored in
the archives of the Government of the Swiss. Each party will receive a specimen for this Protocol
on the exchange of instruments of ratification, signed by the participating agents.
Article 29
This Convention shall take the scope of three months after the exchange of instruments of ratification
and shall remain in force after the neobmezený time and up to the expiry of one year
from the date of the notice.
The testimony is the Government říditi the Swiss. Notice of termination will have the effect
for the State, that it can be, whereas the Convention shall remain in force for further
the other States of unity.
Article 30
States shall introduce into their legislation the protection for 50 years
in accordance with article 7, paragraph 1, of this Convention, shall inform the Government of the
Swiss spříseženstva a written declaration, which will be immediately from her
communicated to all other States, unity.
The same applies to States which renounce the reservations by them pursuant to article 25, 26
and 27 made.
On the conscience of the agents in question have signed this Convention and connected the
its seal.
Done at Berlin on 13 November. November of the year one thousand devítistého eighth in the
a single copy, which shall be deposited in the archives of the Government of the Swiss
spříseženstva and the certified true copies will be issued through diplomatic channels
the Contracting States.
For Germany:
(L.S.)
Dr. k. von Studt
(L.S.)
von Koerner
(L.S.)
Dungs
(L.S.)
Goebel von Harrant
(L.S.)
Robolski
(L.S.)
Josef Kohler
(L.S.)
Osterrieth
For Belgium:
(L.S.)
Count Della Faille de Leverghem
(L.S.)
Jules de Borchgrave
(L.S.)
Wauwermans
For Denmark:
(L.S.)
J. Hegermann Lindencrone
For Spain:
(L.S.)
Luis Polo de Bernabé
(L.S.)
Eugenio Ferraz
For France:
(L.S.)
Jules Cambon
(L.S.)
E. Lavise
(L.S.)
Paul Hervieu
(L.S.)
L. Renault
(L.S.)
Gavarry
(L.S.)
Breton (G).
(L.S.)
George R. Askwith
(L.S.)
J. the Salis
For Italy:
(L.S.)
A. Pansa
(L.S.)
L. Roux
(L.S.)
Samuel Ottolenghi
(L.S.)
Emilio Venezian
(L.S.)
AVV. Augusto Ferrari
For Japan:
(L.S.)
Mizuno Rentaro
(L.S.)
Horiguchi Kumaichi
For The Republic Of Liberia:
(L.S.)
von Koerner
In Luxembourg:
(L.S.)
Count de Villers
In Monaco:
(L.S.)
Baron de Rolland
For Norway:
(L.S.)
Klaus Hoel
For The Swiss:
(L.S.)
Alfred von Claparéde
(L.S.)
W. Kraft
For Sweden:
(L.S.)
Taube
(L.S.)
P.m. af Ugglas
In Tunis:
(L.S.)
Jean Gout
This Convention is announced with the fact that access to it was Republic
Czechoslovak article 20. the contract between the Leading powers the United and
combined and Czechoslovakia, signed June 10. September 1919
Saint-Germain en Laye, approved by the National Assembly of the Republic
The Czechoslovak day 7. November 1919 and ratified by the President of the
Republic of 10 June 1999. November 1919; the proposal on access to approved
He was a Ministerial Council in a meeting on 1. February 1921; access notified
He was the Swiss Federal Council notou embassies in the Czech Republic
in Berne from 22 July. February 1921, is confirmed by the note, the Swiss Federal Council
of 7 November. March 1921ů international scope there was for the Republic
The Czechoslovak day 22. February 1921 to be included in the fourth category
States with regard to the posts referred to in article. 23. the subject of the Convention.
On 1 May 2004. January 1921 Convention was held in the States in question:
Germany (from 5 December 1887), Austria (1 October 1920), Belgium (5.
December 1887), Denmark with Islands Feroe (July 1, 1903), Spain with
Settlements (5 December 1887), France with Algeria and settlements (December 5,
1887), Great Britain, the Empire and places certain countries
the protectorate (from December 5, 1887, and on July 1, 1912), Greece (9.
November 1920), Haiti (5 December 1887), Italy (5 December 1887),
Japan (July 15, 1899), Liberia (16 October 1908), Luxembourg (20.
June 1888), Morocco [protectorate of French] (June 16, 1917),
Monaco (May 20, 1889), Norway (April 13, 1896), the Netherlands (1.
November 1912, Dutch Indies, Curacao and Suriname from 1. April 1913),
Poland (28 January 1920), Portugaly with colonies (March 29, 1911),
Sweden (August 1, 1904), Swiss (5 December 1887), Tunis (December 5,
1887).
Later joined United States of brasilské (the exact date has not been
The Swiss Federal Council has not yet announced).
Dr. Edvard Beneš in r.