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The Berne Convention for the Protection of Literary and Artistic Works Prepared for: Lt. Col. Md. Farid Alam,psc Course Instructor Management of International Business (EB 702) Faculty of Business Studies Prepared by: Group # 2 E0823005 Farah Naz Sattar E0902004 Md Abdul Haris E0902012 Pervez Mustafizur E0902023 Nur Hossain Bhuiyan E0902017 Md Kamruzzaman E0902024 Kamalesh Chandra Ghosh E0902041 Mohammad Alomgir E0902043 Amir Hamza Mohammad
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INTRODUCTION: The Berne Convention An international agreement about copyright First adopted in Berne, Switzerland in 1886 Initiated by French author Victor Hugo
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INTRODUCTION: The Berne Convention Influenced by the French concept of “right of the author" (droit d'auteur) Contrasts with the Anglo-Saxon concept of "copyright", which concerns only economic protection
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HISTORY: The Berne Convention Prior to the Berne Convention, national copyright laws only applied within each country. A work published in London by a British national would be protected by copyright in the UK, but could be copied and sold by anyone in France, and vice versa.
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HISTORY: The Berne Convention It followed in the footsteps of the Paris Convention of 1883, which created a framework for international protection for patents, trademarks and industrial designs.
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HISTORY: The Berne Convention Till July 2006 the Berne Convention had162 signatories But all member nations of the WTO, are required to accept almost all of the conditions of the Berne Convention.
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Revisions of The Berne Convention 1 st revision in Paris in 1896 2 nd revision in Berlin in 1908 Completed in Berne in 1914 3 rd revision in Rome in 1928 4 th revision in Brussels in 1948 5 th revision in Stockholm in 1967 6 th revision in Paris in 1971 Amended in 1979
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The United States and The Berne Convention US refused initially to become a party to the Berne Convention Berne Convention Implementation Act of 1988 came into force in the United States Through this legislative change US became a party to the Berne Convention on March 1, 1989
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Content of The Berne Convention Signatories must protect the copyright on works of authors from other signatory countries System of equal treatment internationalised copyright amongst signatories Member states to provide strong minimum standards for copyright law
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Content of The Berne Convention contd. Copyright under the Berne Convention must be automatic Requirement of formal registration is prohibited But the US makes statutory damages only available for registered works
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Content of The Berne Convention contd All literary works shall be protected for at least 50 years after the author's death Parties are free to provide longer terms of protection
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Content of The Berne Convention contd For photography minimum 25 years protection from the year of its creation For cinematography minimum 50 years protection after first showing or creation
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Content of The Berne Convention contd o Copyright law of the country where protection is claimed shall be applied o The term shall not exceed the term fixed in the country of origin of the work o An author normally not entitled longer protection abroad than at home, even if the laws abroad give longer protection.
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Summary of the Berne Convention 3 Basic Principles of the Convention 1. Principle of “national treatment”: Works originating in one of the contracting States must be given the same protection in each of the other contracting States as its own nationals
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Summary of the Berne Convention 3 Basic Principles of the Convention 2. Principle of “automatic protection”: Such protection must not be conditional upon compliance with any formality
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Summary of the Berne Convention 3 Basic Principles of the Convention 3. Principle of “independence of protection”: Such protection is independent of the existence of protection in the country of origin of the work
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End of Presentation on The Berne Convention for the Protection of Literary and Artistic Works Thank you for your patient hearing Questions? Goodnight…………
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