Rs 0.231.12 Of The Berne Convention For The Protection Of Literary And Artistic Works, Revised At Rome On June 2, 1928

Original Language Title: RS 0.231.12 Convention de Berne pour la protection des oeuvres littéraires et artistiques, révisée à Rome le 2 juin 1928

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.231.12 text original Berne Convention for the protection of the works and literary revised at Rome on June 2, 1928, concluded at Rome on 2 June 1928, approved by the Federal Assembly on 18 December 1930 Instrument of ratification deposited by Switzerland on 18 March 1931, entry into force for the Switzerland on 1 August 1931 (status on June 6, 2006) the President of the German Reich. the President Federal of the Republic of Austria; His Majesty the King of the Belgians; the President of the United States of Brazil, his Majesty the King of the Bulgarians, his Majesty the King of Denmark; His Majesty the King of Spain; the President of the Republic of Estonia; the President of the Republic of Finland; the President of the French Republic; His Majesty the King of Great Britain, Ireland and the British territories beyond the seas, Emperor of India; the President of the Hellenic Republic; His Highness Serenissima the Regent of the Kingdom of Hungary; His Majesty the King of Italy; His Majesty the Emperor of the Japan; His Royal Highness the Grand Duchess of Luxembourg; His Majesty the Sultan of the Morocco; His Serene Highness the Prince of Monaco; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Polish Republic on behalf of the Poland and the free city of Danzig; the President of the Portuguese Republic; His Majesty the King of Romania; His Majesty the King of Sweden; the Federal Council of the Confederation of Switzerland; the States of Syria and greater Lebanon; the President of the Czechoslovak Republic; His Highness the Bey of Tunis, also driven by the desire to protect in a manner as effective and uniform as possible the rights of authors in their literary and artistic works, resolved to revise and supplement the Act signed at Berlin on 13 November 1908.
They have, accordingly, named for their Plenipotentiaries, know: (follow the names of the Plenipotentiaries) art. 1 the countries to which this agreement applies are constituted as a union for the protection of the rights of authors in their literary and artistic works.

Art. 2. (1) the terms "literary and artistic works" include all productions in the literary, scientific and artistic domain, whatever the mode or form of expression, such as: books, pamphlets and other writings, lectures, addresses, sermons and other works of the same nature; some musical or dramatic works, choreographic works and pantomimes, including staging is fixed in writing or otherwise; musical compositions with or without words; works of drawing, painting, architecture, sculpture, engraving and lithography; the illustrations, geographical maps; plans, sketches and plastic works relative to geography, topography, architecture or science.
(2) are protected as original works, without prejudice to the rights of the author of the original work, translations, adaptations, arrangements of music and other reproductions transformed to a literary or artistic work, as well as collections of different works.
(3) the countries of the Union are required to ensure the protection of the works mentioned above.
(4) works of art applied to industry are protected all that allows to do the domestic legislation of each country.

Art. 2 (1) is reserved to the domestic law of each country of the Union the ability to exclude partially or completely the protection provided for in the preceding article political speeches and speeches delivered in proceedings.
(2) is reserved to the domestic law of each country of the Union to decide on the conditions under which lectures, addresses, sermons and other works of the same nature may be reproduced by the press. However the author alone shall have the right to raise such works in a collection.

Art. 3. this Convention applies to photographic works and works obtained by a process analogous to photography. The countries of the Union are required to ensure their protection.

Art. 4 (1) authors who are nationals of one of the countries of the Union enjoy, in other countries that is the country of origin of the work, for their works, unpublished, or published for the first time in a country of the Union, rights that the respective regulations grant currently or subsequently agree to national, as well as the rights specially granted by this Convention.
(2) the enjoyment and the exercise of these rights are subordinate to any formality; This enjoyment and exercise are independent of the existence of protection in the country of origin of the work. Later, outside the stipulations of the present Convention, the scope of protection, as well as remedies guaranteed to the author to protect his rights, settle exclusively under the law of the country where protection is claimed.
(3) is considered as the country of origin of the work: for unpublished works, one that belongs to the author. for works published the first publication; and for works published simultaneously in several countries of the Union, one of whom the legislation grants the shortest term. For works published simultaneously in a country outside the Union and in a country of the Union, it is the latter which is exclusively considered as country of origin.
(4) "published works" means, in the sense of the present Convention, the published works. The representation of a work or some-musical, execution of a musical work, the exhibition of a work of art and the construction of a work of architecture is not a publication.

Art. 5. the nationals of one of the countries of the Union, who publish for the first time their works in another country of the Union, have, in this country, the same rights as national authors.

Art. 6 (1) authors who are nationals of not one of the countries of the Union, who publish for the first time their works in one of these countries, have, in this country, the same rights as national authors, and in the other countries of the Union, rights granted by this agreement.
(2) However, when a country outside the Union does not adequately protect the works of authors who are nationals of one of the countries of the Union, that country may restrict the protection of works whose authors are nationals of the other country at the time of the first publication of these works, and are not actually domiciled in one of the countries of the Union.
(3) no restrictions, established under the preceding paragraph, shall prejudice the rights which an author will be acquired in a work published in a country of the Union before the implementation of this restriction.
(4) the countries of the Union which, under this section, will restrict the protection of the rights of authors, notify it to the Government of the Swiss Confederation by a written declaration, which will be indicated the countries against which the protection is limited, as well as restrictions to which rights of authors who are nationals of this country are subjected. The Government of the Swiss Confederation will immediately communicate the fact to all countries of the Union.

Art. 6. (1) regardless of the economic rights of copyright, and even after the transfer of the said rights, the author retains the right to claim authorship of the work, as well as the right to oppose any distortion, mutilation or other modification of the work which would be prejudicial to his honor or reputation.
(2) it is for the national legislation of the countries of the Union to establish the conditions for the exercise of these rights. Remedies to save them will be settled by the law of the country where protection is claimed.

Art. 7. (1) the term of protection granted by this Convention includes the life of the author and fifty years after his death.
(2) However, in the event that this term would be not uniformly adopted by all the countries of the Union, the time will be set by the law of the country where protection is claimed, and she may not exceed the term fixed in the country of origin of the work. The countries of the Union will therefore, required to apply the provision of the preceding paragraph insofar as she is reconciled with their domestic law.
(3) for photographic works and works obtained by a process analogous to photography, for posthumous works, for anonymous or pseudonymous works, the term of protection is governed by the law of the country where protection is claimed, although this period may exceed the term fixed in the country of origin of the work.

Art. 7. (1) the duration of the copyright owned in common by employees of a work is calculated based on the date of death of the last surviving employees.
(2) nationals of countries granting a term of protection lower than that provided for in paragraph 1 may not claim protection for a longer period in other countries of the Union.
(3) in no case the duration of protection may expire before the death of the last survivor of the employees.

Art. 8


Unpublished authors, who are nationals of one of the countries of the Union, and the authors of works published for the first time in one of these countries, enjoy, in other countries of the Union, for the duration of the rights in the original work, the exclusive right to do or to authorize the translation of their works.

Art. 9 (1) novel, the news and all other works, literary, or scientific, or artistic, regardless of the subject, published in newspapers or periodicals from one of the countries of the Union, may not be reproduced elsewhere without the consent of the authors, (2) economic, political or religious discussion news articles may be reproduced by the press if the reproduction is not expressly reserved. However, the source must always be clearly indicated; enforcement of this requirement is determined by the legislation of the country where protection is claimed.
(3) the protection of the present Convention does not apply to news of the day or the various facts which have the character of mere items of press information.

Art. 10. with regard to the ability to lawfully borrowings from literary or artistic works for publications intended for teaching or scientific in nature, or for some chrestomathies, is only the effect of the legislation in the countries of the Union, and for special agreements existing or to be concluded between them.

Art. 11. (1) the provisions of this Convention apply to the public works some musical or dramatic performance, and the public performance of musical works, whether or not these works are published.
(2) authors of dramatic or some musical works are, for the duration of their right in an original work, protected from the public performance not authorized the translation of their works.
(3) in order to enjoy the protection of this article, the authors, by publishing their works, are not required to prohibit the public performance.

Art. 11 (1) authors of literary and artistic works enjoy the exclusive right to authorize the communication of their works to the public by broadcasting.
(2) it is for the national laws of the countries of the Union to set the conditions for the exercise of the right referred to in the preceding paragraph, but these conditions will only have an effect that is strictly limited to the countries who have established. They may not in any way detract to the author's moral rights, or the right which belongs to the author to obtain equitable remuneration fixed, failing amicable agreement, by the competent authority.

Art. 12 are specially included among illicit reproductions to which this Convention applies appropriations indirect non authorized a literary or artistic work, such as adaptations, arrangements of music, a novel transformations, of a story or a poem into a play and each other, etc., when there are only the reproduction of this work, in the same form or in another form with changes, additions or entrenchments, non-essential, and without presenting the character of an original new work.

Art. 13 (1) authors of musical works shall have the exclusive right to authorize: (1) - the adaptation of those works to instruments used to reproduce them mechanically; 2 ° - the public performance of the same works by means of these instruments.
(2) reservations and conditions relating to the application of this article may be determined by the domestic legislation of each country, what about, but all reservations and conditions of this nature will only a strictly limited effect in the country who would have established.
(3) the provision of paragraph 1 has no retroactive effect and, consequently, is not applicable in a country of the Union, to works which, in this country, will have been adapted lawfully to mechanical instruments before the implementation of the agreement signed at Berlin on 13 November 1908 and, in the case of a country which has gained access to the Union since that date , or there would have access in the future, before the date of accession.
(4) adaptations made under paragraphs 2 and 3 of this article and imported, without authorization of the interested parties, in a country where they would be not lawful, can there be entered.

For Switzerland, see the Act of 9 October. 1992 (SR 231.1) copyright.
[RS 11 879 893]

Art. 14 (1) authors of literary, scientific or artistic works have the exclusive right to authorize the reproduction, adaptation, and the public presentation of their works by cinematography.
(2) are protected as literary or artistic works film productions when the author has given the work an original character. If this character is lacking, the film production enjoys the protection of photographic works.
(3) without prejudice to the rights of the author of the work reproduced or adapted, the cinematographic work is protected as an original work.
(4) the foregoing provisions apply to reproduction or production obtained by any process analogous to cinematography.

Art. 15 (1) to ensure that the authors of the works protected by this Convention are, until evidence to the contrary, considered as such and accepted, as a result, the courts of the various countries of the Union, to prosecute against counterfeiters, simply for their name to appear on the work in the common way.
(2) for anonymous or pseudonymous works, the publisher whose name is indicated on the book is founded to safeguard the rights belonging to the author. It is, without other evidence, deemed having because of the anonymous or pseudonymous author.

Art. 16. (1) any infringing work may be entered by the competent authorities of the countries of the Union where the original work is entitled to legal protection.
(2) in this country, the seizure may also apply to reproductions coming from a country where the work is not protected, or has ceased to be.
(3) seizure takes place in accordance with the domestic legislation of each country.

Art. 17. the provisions of this Convention cannot affect what it is, to the right which belongs to the Government of each country of the Union to monitor, prohibit, by action of law or internal police, traffic, representation, or exhibition of any work or production for which the competent authority would have to exercise this right.

Art. 18. (1) this Convention shall apply to all works which, at the time of its entry into force, have not yet fallen into the public domain in their country of origin through the expiry of the term of protection.
(2) However, if a work, by the expiration of the term of protection which was previously recognised him has fallen into the public domain of the country where protection is claimed, that work is there will not be protected again.
(3) the application of this principle will take place following the stipulations contained in the special agreements existing or to be concluded for this purpose between countries of the Union. Without such provisions, the respective countries will settle, each for what concerns, detailed rules for this application.
(4) the foregoing provisions apply also in the case of new accessions to the Union and in the case where the protection would be extended by application of article 7 or by the abandonment of reservations.

For Switzerland, see art. 80 of the Act of 9 October. 1992 (SR 231.1) copyright.

Art. 19. the provisions of this Convention do not prevent to claim the application of provisions more wide which would be laid down by the legislation of a country of the Union in favour of foreigners in general.

Art. 20. the Governments of countries of the Union reserve the right to take them to special arrangements, as these arrangements give the authors broader rights than those granted by the Union, or that they contain some other provisions not contrary to this Convention. The provisions of the existing arrangements that meet the above conditions still apply.

Art. 21 (1) is maintained in the International Office established under the name of 'Office of the International Union for the Protection of artistic and literary works'.
(2) Ce Bureau is placed under the high authority of the Government of the Swiss Confederation, who rule the Organization and monitors operations.
(3) the official language of the Office is the French language.

Art. 22 (1) the International Office centralizes the information of any nature relating to the protection of the rights of authors in their literary and artistic works. It coordinates them and publishes. He carries out studies of common utility interesting Union and writes, using the documents that are made available by the various authorities, a periodic journal, in French, on issues related to the purpose of the Union. The Governments of the countries of the Union reserve to authorize, by mutual agreement, the desktop publishing in one or several other languages, for the case where experience has shown the need.

(2) the International Bureau shall be at all times available to the members of the Union to provide them, on issues related to the protection of literary and artistic works, special information that they might need.
(3) the Director of the International Bureau makes its management an annual report which is communicated to all members of the Union.

Art. 23. (1) the expenses of the Bureau of the International Union are supported in common by the countries of the Union. Until further decision, may not exceed the sum of one hundred twenty thousand Swiss francs a year. This amount may be increased by unanimous decision of the Conference provided for in article 24.
(2) to determine the contribution of each of the countries in the total amount of fees, the countries of the Union and those who subsequently join the Union are divided into six classes contributing in the proportion of a certain number of units, know: 1 class 2 25 class 20 units 3 class 15 units 4 class 10 5 units class 5 units 6 class 3 units (3) these coefficients are multiplied by the number of countries in each class , and the sum of the products thus obtained provides the number of units by which the total expenditure must be divided. The quotient gives the amount of the spending unit.
(4) each country will declare, at the time of his accession, in which the classes above it asks to be stored, but he can always subsequently declare that it intends to be stored in a different class.
(5) the Swiss Administration shall prepare the budget of the Office and monitors expenditures, made the necessary advances and establishes the annual accounts which will be communicated to all other jurisdictions.

Art. 24. (1) this Convention may be subject to revisions to introduce the improvements likely to improve the system of the Union.
(2) questions of this nature, as well as those interested in the development of the Union, to other points of view are addressed in Conferences that will take place successively in the countries of the Union among the delegates of the said countries. The Administration of the country where to sit a Conference preparing, with the assistance of the International Bureau, the work of the Commission. The Director of the Office shall attend meetings of the Conference and take part in discussions without voting rights.
(3) no change to this agreement is valid for the Union with the unanimous consent of the countries that make up.

Art. 25 (1) can be accessed on their request foreign countries to the Union and which ensure legal protection of the rights covered by the Convention.
(2) this accession will be notified in writing to the Government of the Swiss Confederation, and by it to all others.
(3) it will carry full rights membership to all the clauses and admission to all the advantages in this agreement and will be effective one month after the dispatch of the notification by the Government of the Swiss Confederation to the other Union countries, unless a later date has been indicated by the acceding country. However, it may contain an indication that the acceding country intends to substitute, temporarily at least, in article 8, concerning the translations, the provisions of article 5 of the Union Convention of 1886, revised at Paris in 1896, being understood that these provisions that the translation in the language of the country.

[RO 10 202, 16 586]

Art. 26. (1) each of the countries of the Union may, at any time, notify in writing to the Government of the Swiss Confederation that this agreement is applicable to all or part of its colonies, protectorates, mandated territories or all other territories subject to its sovereignty or its authority, or all territories under suzerainty, and the Convention apply to all the territories designated in the notification. Otherwise this notification, the Convention will not apply to these territories.
(2) each of the countries of the Union may, at any time, notify in writing to the Government of the Swiss Confederation that this agreement ceases to be applicable to all or part of the territories which have been the subject of the notification provided for in paragraph preceding, and the Convention will cease to apply in the territories designated in the notification twelve months after receipt of the notification to the Government of the Swiss Confederation.
(3) all notifications made to the Government of the Swiss Confederation, in accordance with the provisions of paragraphs 1 and 2 of this article, will be provided by the Government to all countries of the Union.

Art. 27. (1) the present Convention will replace in relations between the countries of the Union the Berne Convention of September 9, 1886, and acts which had successively revised it. The acts previously in force will retain their application in relations with countries that do not ratify this Convention.
(2) the countries on whose behalf the present agreement is signed will still be able to keep the benefit of reservations they have previously provided they make a declaration at the time of ratification.
(3) the countries currently part of the Union, on whose behalf this Convention has not been signed, may at any time join. They will benefit in the case of the provisions of the preceding paragraph.

[RO 10 202, 16 586; RS 11 879 893] art. 28. (1) this Convention will be ratified, and the ratifications in will be deposited in Rome no later than July 1, 1931.
(2) it will be implemented between the EU countries that have ratified it a month after that date. However, before that date, it was ratified by six countries of the Union at least, it would come into force between those countries of the Union a month after the deposit of the sixth ratification would have notified them the Government of the Swiss Confederation, and, for the countries of the Union which would then ratify one month after the notification of each of these ratifications.
(3) countries outside the Union, may, until the first of August, 1931, access to the Union, by accession, namely the agreement signed at Berlin on 13 November 1908 – this agreement. From the first of August, 1931, they can't join this Convention only.

[RS 11 879 893]

Art. 29. (1) the present Convention will remain in force for an indefinite time, until the expiration of one year from the day where the information will have been made.
(2) this information will be addressed to the Government of the Swiss Confederation. It will produce its effect only with respect to the country that will be made, the Convention remaining binding for other countries of the Union.

Art. 30 scope on May 5, 2006 (1) countries that will introduce in their legislation the term of protection of 50 years provided for in article 7, paragraph 1, of the Convention, will be known to the Government of the Swiss Confederation by a written notification shall be communicated immediately by the Government to all other countries of the Union.
(2) it will be the same for countries that renounce reserves made or maintained by them under articles 25 and 27.
In faith whereof, the respective Plenipotentiaries have signed the present Convention.
Done in Rome, on June 2, 1928, in a single copy which shall be deposited in the archives of the Royal Government of Italy. A certified copy in line, will be given through diplomatic channels in each country of the Union.
(Follow signatures)

Scope on May 5, 2006, under art. 27, al. 1 of the Berne Convention revised in 1948 in Brussels (RS 0.231.13), the Switzerland is still linked to this Convention in the relations with the following States: States parties Ratification, accession (A) Declaration of estate (S) entry into force Lebanon December 19, 1946 September 30, 1947 Malta 31 May 1968 S September 21, 1964 New Zealand 21 October 1947 was December 4, 1947 Pakistan June 2, 1948 was July 5, 1948 Zimbabwe 29 September 1981 S 18 April 1980 RS 11 896; FF 1930 II 113 this convention remains applicable for the Switzerland that in relations with Contracting States which are not parties to the convention of Berne revised in 1948 in Brussels (RS 0.231.13 art. 27 para. 1).
RO 47 465 [RS 11 879 893] 11 State. July 2006

Related Laws