BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS (Paris Text 1971)
(1) Without prejudice to the copyright in any work which may have been adapted or reproduced, a cinematographic work shall be protected as an original work. The owner of copyright in a cinematographic work shall enjoy the same rights as the author of an original work, including the rights referred to in the preceding Article.
- (a) Ownership of copyright in a cinematographic work shall be a matter for legislation in the country where protection is claimed.
- (b) However, in the countries of the Union which, by legislation include among the owners of copyright in a cinematographic work authors who have brought contributions to the making of the work, such authors, if they have undertaken to bring such contributions, may not, in the absence of any contrary or special stipulation, object to the reproduction, distribution, public performance, communication to the public by wire, broadcasting or any other communication to the public, or to the subtitling or dubbing of texts, of the work.
- (c) The question whether or not the form of the undertaking referred to above should, for the application of the preceding subparagraph (b), be in a written agreement or a written act of the same effect shall be a matter for the legislation of the country where the maker of the cinematographic work has his headquarters or habitual residence. However, it shall be a matter for the legislation of the country of the Union where protection is claimed to provide that the said undertaking shall be in a written agreement or a written act of the same effect. The countries whose legislation so provides shall notify the Director General by means of a written declaration, which will be immediately communicated by him to all the other countries of the Union.
- (d) By "contrary or special stipulation" is meant any restrictive condition which is relevant to the aforesaid undertaking.
(3) Unless the national legislation provides to the contrary, the provisions of paragraph (2) (b) above shall not be applicable to authors of scenarios, dialogues and musical works created for the making of the cinematographic work, nor to the principal director thereof. However, those countries of the Union whose legislation does not contain rules providing for the application of the said paragraph (2) (b) to such director shall notify the Director General by means of a written declaration, which will be immediately communicated by him to all the other countries of the Union.
prev | next