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[http://en.wikipedia.org/w/index.php?title=Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works&limit=500&action=history Link to Wikipedia Article history.]
[[Image:Berne Convention.png|thumb|350px|[[List of countries party to the Berne Convention|Berne Convention signatory countries]] (in blue).]]
[[Image:Berne Convention.png|thumb|350px|[[List of countries party to the Berne Convention|Berne Convention signatory countries]] (in blue).]]
The '''Berne Convention for the Protection of Literary and Artistic Works''', usually known as the '''Berne Convention''', is an international agreement governing [[copyright]], which was first accepted in [[Berne]], [[Switzerland]] in 1886.
The '''Berne Convention for the Protection of Literary and Artistic Works''', usually known as the '''Berne Convention''', is an international agreement governing [[copyright]], which was first accepted in [[Berne]], [[Switzerland]] in 1886.
==History==
==History==
The Berne Convention was developed at the instigation of [[Victor Hugo]] as the [[Association Littéraire et Artistique Internationale]]. Thus it was influenced by the French "[[French copyright law|right of the author]]" (''droit d'auteur''), which contrasts with the [[Common Law|Anglo-Saxon]] concept of "copyright" which only dealt with economic concerns. Under the Convention, copyrights for [[creative works]] are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any [[derivative work]]s, unless and until the author explicitly disclaims them or until the copyright expires. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Convention.
The Berne Convention was developed at the instigation of [[Victor Hugo]] as the [[Association Littéraire et Artistique Internationale]]. Thus it was influenced by the French "[[French copyright law|right of the author]]" (''droit d'auteur''), which contrasts with the [[Common Law|Anglo-Saxon]] concept of "copyright" which only dealt with economic concerns. Under the Convention, copyrights for [[creative works]] are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any [[derivative work]]s, unless and until the author explicitly disclaims them or until the copyright expires. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Convention.
==Content==
==Content==
The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the ''Berne Union'') in the same way it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created.
The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the ''Berne Union'') in the same way it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created.
Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the [[rule of the shorter term]]". Not all countries have accepted this rule.
Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the [[rule of the shorter term]]". Not all countries have accepted this rule.
== Copyright and information technology ==
==Copyright and information technology==
The [[World Intellectual Property Organization Copyright Treaty]] was adopted in 1996 to address the issues raised by [[information technology]] and the [[internet]], which were not addressed by the Berne Convention.
The [[World Intellectual Property Organization Copyright Treaty]] was adopted in 1996 to address the issues raised by [[information technology]] and the [[internet]], which were not addressed by the Berne Convention.
[[Category:Treaties administered by WIPO]]
[[Category:Treaties administered by WIPO]]
[[Category:1886 in law]]
[[Category:1886 in law]]
