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Berne For The Protection Of Literary And Artistic Works

Original Language Title: bernská o ochraně děl literárních a uměleckých

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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.