Regulation on the implementation of the revised Berne Convention on the Protection of Literary and Art Works, which was concluded on 13 November 1908

Unofficial table of contents

ÜbkBern/BerlinAV

Date of completion: 12.07.1910

Full quote:

" Regulation on the implementation of the revised Berne Convention for the Protection of Literary and Art Works concluded on 13 November 1908 in the revised Berne Convention on the Protection of Literary and Art Works in the Federal Law Gazan Part III, outline number 440-10-1, published Version "

Footnote

Title: RBÜ Berliner Version v. 13.11.1908, 1910 p. 965; cf. Now also Berner Additional Protocol v. 20.3.1914, 1920 p. 137, RBC Rome version

(+ + + Proof of text validity from: 1. 1.1964 + + +) Unofficial table of contents

Input formula

We Wilhelm, German Emperor, King of Prussia, etc.
order in the name of the Reich, pursuant to Article IV (3) of the Law on the Implementation of the Revised Berne Convention for the Protection of Literary and Art Works of 13 November 1908 (Reichsgesetzbl. 793), following the approval of the Federal Council, which follows: * Unofficial table of contents

§ 1

The application of its provisions, as provided for in Article 18 of the Agreement, to all works which have not yet become common in the country of origin of the date of entry into force of the Agreement, shall not be subject to the conditions laid down in the Agreement Article 18 (3) of the Agreement shall take place and without prejudice to the provisions of Article IV (2) of the Implementing Act concerning the use of sound art works for reproduction on mechanical musical instruments, the the following restrictions.

1.

In so far as a reproduction, which is inadmissible after the entry into force of the agreement, has been permitted up to now, the existing devices, such as forms, plates, stones, stereotypes, may still be used until the end of three years. Equipment which has been started to be manufactured may be completed and used up to the same date. The dissemination of copies produced in accordance with these provisions and those already completed before the entry into force of the Agreement shall be permitted.

2.

For choreographic and pantomimic works in which the stage operation is otherwise than in writing, the author shall not enjoy the protection of the agreement to those who, prior to the entry into force of the agreement, shall be entitled to: have been authorised to reproduce, disseminate or publicly list.

3.

If, prior to the entry into force of the agreement, a translation has been published in full or in part, the translator's power to reproduce, distribute and display this translation shall remain unaffected.

4.

Dramatic or dramatic musical works, which are published or listed in another country of the Union and which, before the entry into force of the agreement in the original or in translation in Germany, are lawfully publicly listed, enjoy no protection against performance in the original or in translation.

5.

A work of sound art which has not been protected until the entry into force of the Agreement against public performance in the absence of a document which has not been subject to it may continue to be publicly listed without the consent of the author, if the Records or sheet music which do not bear a prohibition note and which were already in its possession prior to the entry into force of the agreement.

6.

If, prior to the entry into force of the agreement, a work in Germany has been lawfully reproduced in the course of cinematography or a similar procedure, it shall remain for the worker and for those who permit the reproduction of the work to be carried out in accordance with the law. shall be without prejudice to any power to reproduce, distribute or publicly present such reproduction. The same shall apply in favour of those who, prior to the entry into force of the agreement in Germany, permit an independent, self-contained product to be produced by means of cinematography or a similar procedure, disseminated or have made public.

Unofficial table of contents

§ 2

The provisions of Section 1 shall apply in relation to a State, in contrast to which the revised Agreement is applicable in accordance with the date referred to in its Article 29. Insofar as the date of entry into force of the agreement is determined thereafter, the date shall be the date in which the revised agreement shall become applicable in relation to that State. Unofficial table of contents

§ 3

The provisions of this Regulation do not affect the restrictions imposed on them by the regulations of 11 July 1888 (Reichsgesetzbl. 225) and of 29 November 1897 (Reichsgesetzbl. 787) is subject to the retroactive effect of the provisions of the Agreement of 9 September 1886 and of the Additional Agreement of 4 May 1896.