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Berne [Global Index]


... Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, as reflected in the Berne Convention, ...


ARTICLE-1: Relation to the Berne Convention     [go to this ARTICLE]
... Relation to the Berne Convention ...
... (1) This Treaty is a special agreement within the meaning of Article 20 of the Berne Convention for the Protection of Literary and Artistic Works, as regards Contracting Parties that are countries of the Union established by that Convention. This Treaty shall not have any connection with treaties other than the Berne Convention, nor shall it prejudice any rights and obligations under any other treaties. ...
... (1) This Treaty is a special agreement within the meaning of Article 20 of the Berne Convention for the Protection of Literary and Artistic Works, as regards Contracting Parties that are countries of the Union established by that Convention. This Treaty shall not have any connection with treaties other than the Berne Convention, nor shall it prejudice any rights and obligations under any other treaties. ...
... (2) Nothing in this Treaty shall derogate from existing obligations that Contracting Parties have to each other under the Berne Convention for the Protection of Literary and Artistic Works. ...
... (3) Hereinafter, “Berne Convention” shall refer to the Paris Act of July 24, 1971 of the Berne Convention for the Protection of Literary and Artistic Works. ...
... (3) Hereinafter, “Berne Convention” shall refer to the Paris Act of July 24, 1971 of the Berne Convention for the Protection of Literary and Artistic Works. ...
... (4) Contracting Parties shall comply with Articles 1 to 21 and the Appendix of the Berne Convention. ...


ARTICLE-3: Application of Articles 2 to 6 of the Berne Convention     [go to this ARTICLE]
... Application of Articles 2 to 6 of the Berne Convention ...
... Contracting Parties shall apply mutatis mutandis the provisions of Articles 2 to 6 of the Berne Convention in respect of the protection provided for in this Treaty. ...


ARTICLE-4: Computer Programs     [go to this ARTICLE]
... Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression. ...


ARTICLE-8: Right of Communication to the Public     [go to this ARTICLE]
... Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention, authors of literary and artistic works shall enjoy the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them. ...


ARTICLE-9: Duration of the Protection of Photographic Works     [go to this ARTICLE]
... In respect of photographic works, the Contracting Parties shall not apply the provisions of Article 7(4) of the Berne Convention. ...


ARTICLE-10: Limitations and Exceptions     [go to this ARTICLE]
... (2) Contracting Parties shall, when applying the Berne Convention, confine any limitations of or exceptions to rights provided for therein to certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author. ...


ARTICLE-11: Obligations concerning Technological Measures     [go to this ARTICLE]
... Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law. ...


ARTICLE-12: Obligations concerning Rights Management Information     [go to this ARTICLE]
... (1) Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne Convention: ...


ARTICLE-13: Application in Time     [go to this ARTICLE]
... Contracting Parties shall apply the provisions of Article 18 of the Berne Convention to all protection provided for in this Treaty. ...