The Berne Convention for the Protection of Literary and Artistic Works
Imagine you put in months of effort to compose a musical piece. While it releases and you bask in the success of its glory, you discover that it has been ripped by another composer from a neighboring country. If this had happened in 1885, it would have been considered legally acceptable, as there was no unified law that applied to the protection of literary and artistic works beyond the borders of the country where it originated. However, the adoption of the Berne Convention proved to be a major turning point in the life of artists and authors alike.
Each member country must guarantee to authors, who are citizens of other member countries, the rights that its own laws grant to its citizens.
What is the Berne Convention?
The Berne Convention is an international agreement that came into being in 1886 and was adopted by 8 countries including the UK. The agreement was first signed in Switzerland and today it has spread to regulate laws in more than 177 countries across the world. The United Arab Emirates is a member of the Berne Convention since April 2004 and the treaty was enforced in July the same year. The basic focus of the Berne Convention is to extend the scope of security of the artists’ and authors’ creations beyond the territories of their native land. If you are an Arab who publishes a book in the UK, then the Berne Convention will cover you as an author. Article 2 of the treaty endeavors to guard the originality of all literary works.
What type of Copyright protection does it offer?
The Berne Convention has defined a minimum protection period of 50 years after the demise of the author for all tangible works. The only exception to the protection term is for the works of photography and cinematography. In this case, the minimum protection period for a photograph is 25 years from the year the picture was clicked and for cinematography, 50 years from the date of creation or publication.
The treaty ensures that the rights of these creative individuals remain intact with them. Berne Convention also assures artists and authors of legitimate flexibility to exercise control over their masterwork in terms of adapting, disseminating, and reproducing it. Apart from laying the foundation for a unified and unbiased approach to recognizing the copyright of works from other countries, the international enactment expects its adherent countries to also deliver a set of minimum standards and to seek special provisions when it comes to enforcing copyright laws.
Fundamental Principles of the Berne Convention
- The first and basic principle stated in the Berne Convention speaks of equitable status on the protection of literary and artistic creations that come into being from a contracting state.
- The second principle of the Berne Convention upholds automatic protection of all works, regardless of any legal formalities for protection. This means that there are no prerequisites or conditions for authors and publishers to use the © symbol. However, it would be best to get a copyright registered for protection and enforcement purposes and to avoid the fear of being infringed upon. Of course, this would also bring to your table a host of distinct advantages.
- The final principle of the treaty guarantees protection to artistic and literary works and is independent of the protection terms in the country where the work originated, with limited exceptions.
Conclusion
Wondering when is the right time to discuss your copyright requirements for that literary creation you are so proud of? We’ve got only one answer – now! We, at Abou Naja, are expert attorneys who are well-versed in diverse disciplines to handhold you through the intricacies of copyrights. We are available for a complimentary consultation with you. To avail of this service, you can give us a call at +971 4 282 2677 or email us at connect@abounaja.com.
Also read our article on Copyright Law in the United Arab Emirates for a better understanding of how to protect your literary and artistic work in this region.
