Berne Convention

Authors are constantly concerned that instruments exist to protect their works in other countries, unaware that the Berne Convention for the Protection of Literary and Artistic Works adopted in 1886 for the protection of works and the rights of authors, offers creators (authors, musicians, poets, painters, etc.), regardless of the branch of art to which they are dedicated, means of protection to CONTROL THE USE OF THEIR WORKS BY THIRD PARTIES IN ONE HUNDRED AND SEVENTY AND EIGHT COUNTRIES.

The Berne Convention lays down provisions determining the minimum protection to be afforded to authors and their works in the signatory countries, as well as three basic principles governing the actions of the contracting parties to that Convention, which are the following;

• National Treatment: This principle is that the works of authors whose nationality belongs to one of the countries party to the convention or who have been published for the first time in any of them, have the same protection in each and every one of these countries as if they were the works of their nationals.

• Automatic Protection: It refers to the fact that the protection of the works must not be subject to compliance with formalities.

• Independence of Protection: That is, the protection provided by the member countries of the convention is independent of the existence of protection in the country of origin of the work.

Within the minimum conditions established for the protection of works and copyright we have;

• The protection granted by the Berne Convention is for all works in the literary, scientific and artistic fields, regardless of the mode or form of expression.

• The right to translate, to make adaptations and arrangements, to represent, perform, recite, transmit to the public the representation or execution of works is recognized as exclusive rights of authorization of the author on his works with some exceptions and limitations; broadcasting, making a reproduction, using his work as a basis to generate another work.

• It provides for the moral rights of the author of paternity and integrity, to be recognized as the author of his work and to oppose any deformation, mutilation or other modification or any attack on the work to the detriment of the author’s honour and reputation.

• Protection must be granted for the period of 50 years after the death of the author, but in the case of anonymous works or pseudonyms, the term of protection shall expire 50 years after the work has been lawfully made available to the public.

• Certain limitations and exceptions are permitted in respect of the author’s property rights, allowing the exercise of the right to free authorization and compensation of works, such as the citation of works and their use in current events or for teaching purposes.

If you are an author and are interested in knowing and protecting your work around the world, come to us. Bandala | Díaz | García is your best option in matters of copyright agreements.