Conventional Copyrights: Understanding International Agreements About Copyright

By /

1. The Berne Convention for the Protection of Literary and Artistic Works

Official Name: Berne Convention for the Protection of Literary and Artistic Works

Administered by: World Intellectual Property Organization (WIPO)

Berne Convention on the WIPO Website

1.1 Historical Background

  • Adopted in 1886 in Berne, Switzerland.
  • Has undergone several revisions (notably in Paris 1896, Berlin 1908, Rome 1928, Brussels 1948, Stockholm 1967, and Paris 1971) to keep pace with evolving technologies and international policy.

1.2 Core Principles

  1. Automatic Protection
    • Signatory countries must grant copyright protection to works by nationals of other member states automatically, without any formality such as registration.
  2. National Treatment
    • Each member state must treat foreign works no less favorably than it treats domestic works in terms of copyright protection.
  3. Minimum Standards
    • The Berne Convention mandates a minimum term of protection (generally life of the author + 50 years), along with other essential safeguards like the right of translation and reproduction. (Many countries now exceed 50 years, in part due to later treaties or domestic laws.)
  4. Moral Rights
    • The Convention enshrines authorial moral rights, including the right of attribution and the right to object to derogatory treatments of a work. Note, however, that the United States does not recognize Moral Rights as such.

1.3 Key Provisions to Note

  • Paris Act (1971 Revision): Currently the most widely adhered-to version.
  • Exceptions and Limitations: Countries may allow narrow exceptions (e.g., private study, research, news reporting), provided they respect the three-step test (use must be special case, not conflict with a normal exploitation of the work, and not unreasonably prejudice rights holders).

1.4 Significance

  • The Berne Convention underpins most national copyright laws worldwide. Its automatic and minimum-standards approach revolutionized international copyright cooperation.
  • Over 180 countries are party to Berne, making it one of the most influential international IP treaties.

Official Name: WIPO Copyright Treaty (1996)

Administered by: World Intellectual Property Organization (WIPO)

Official Text: WIPO Copyright Treaty on the WIPO Website

2.1 Historical Context

  • Adopted in December 1996 as part of the “WIPO Internet Treaties,” alongside the WIPO Performances and Phonograms Treaty (WPPT).
  • Reflects the global community’s response to the digital revolution—expanding on Berne to address online distribution, digital copying, and emerging technologies.

2.2 Substantive Provisions

  1. Rights in the Digital Environment
    • Grants authors the exclusive right to make their works available interactively (i.e., on-demand transmission over networks).
    • Clarifies that reproduction rights extend to digital copies and temporary copies that are made technologically when a work is transmitted.
  2. Anti-Circumvention Measures
    • Requires members to provide legal protection against the circumvention of technological protection measures (TPMs) used by authors to protect their works.
  3. Rights Management Information
    • Establishes obligations to prevent removal or alteration of electronic rights management information (e.g., digital watermarks, metadata).
  4. Berne “Plus”
    • The WCT reaffirms Berne obligations, adding specific details for the digital age.
    • Encourages adequate enforcement measures to combat digital piracy.

2.3 Impact and Importance

  • The WCT bridges traditional copyright with 21st-century technology, ensuring that authors and rightsholders have adapted protections for online exploitation.
  • Many national laws implement WCT obligations through provisions addressing digital rights management, online service provider liability, and anti-circumvention rules.

2.4 Country Participation

  • Over 110 contracting parties have joined the WCT, reflecting widespread consensus that modern copyright law must address online and digital uses of creative works.

While the Berne Convention and the WCT form the bedrock of modern copyright protection, several other treaties complement or expand on their provisions. Below is an overview of key instruments, each hyperlinked to official sources for further reading.

3.1 WIPO Performances and Phonograms Treaty (WPPT, 1996)

  • WPPT on WIPO Website
  • Grants performers (e.g., musicians, actors) and producers of sound recordings certain exclusive rights—particularly important in digital transmissions and broadcasts.

3.2 Beijing Treaty on Audiovisual Performances (2012)

  • Beijing Treaty on WIPO Website
  • Strengthens rights of audiovisual performers, ensuring protections for their performances in films, TV, and online video.

3.3 TRIPS Agreement (1994)

  • TRIPS at the World Trade Organization (WTO)
  • The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) binds World Trade Organization members to minimum IP standards, incorporating many Berne provisions and adding enforcement obligations.

3.4 Rome Convention (1961)

  • Rome Convention on WIPO Website
  • Covers performers, producers of phonograms, and broadcasting organizations—the so-called “related rights.”
  • Many newer treaties (WPPT, Beijing) build on the Rome Convention’s foundation.

3.5 Geneva Phonograms Convention (1971)

3.6 Brussels Convention (1974)

  • Text at UNESCO Website
  • Created under UNESCO in 1952 (revised 1971).
  • Provided an alternative to Berne for countries that were not yet ready to join Berne. It still has signatories, though its role diminished significantly once most nations joined Berne.

3.8 Marrakesh Treaty (2013)

  • Marrakesh Treaty on WIPO Website
  • Facilitates access to published works for persons who are blind, visually impaired, or otherwise print disabled.
  • Establishes rules for cross-border exchange of accessible-format copies (e.g., Braille, audio books) without infringing copyright.

4. How These Treaties Interrelate

  • Berne as a Foundation: Virtually all modern copyright treaties assume or incorporate Berne’s requirements.
  • Digital Era Focus: The WCT and WPPT specifically address challenges of online distribution, while TRIPS integrated IP rules into global trade obligations.
  • “Related Rights” and Special Focus: Conventions such as Rome, WPPT, and the Beijing Treaty extend protections to performers and producers—an important addition to the classical concept of “author’s rights.”
  • Accessibility: The Marrakesh Treaty focuses on balancing copyright with access for individuals with print disabilities, reflecting the evolving notion of public interest in copyright law.

5. Final Thoughts

Modern copyright protection is shaped by a network of international treaties. From the Berne Convention—the historic linchpin of global copyright—to the WIPO Copyright Treaty (1996)—which extended authorial rights into the digital realm—these agreements ensure creators receive consistent and robust protection across borders. Other treaties fill in gaps, protect related rights, address new technologies, and expand access for special communities.

Any individual or business operating internationally—be it authors, artists, software developers, or broadcasters—should be aware of these treaties’ core principles and local implementation. Doing so helps navigate the complexities of protecting and exploiting creative works in today’s globalized, digital environment.

1 thought on “Conventional Copyrights: Understanding International Agreements About Copyright”

  1. Pingback: Copyright in Two Minutes

Leave a Comment

Scroll to Top