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The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work.
The United States became a signatory to the convention in 1989, [7] and incorporated a version of moral rights under its copyright law, codifed in Title 17 of the U.S. Code. The Berne convention is not a self-executing treaty, and the Berne Convention Implementation Act of 1988 excludes the US from the moral rights section. [citation needed]
The authors of dramatic works (plays, etc.) also have the right to authorize the public performance of their works (Article 11, Berne Convention). The protection of the moral rights of an author is based on the view that a creative work is in some way an expression of the author's personality: the moral rights are therefore personal to the ...
Moral rights are set forth in Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works, to which most countries in the world (including the United States) are signatories. The Berne Convention states: “
Moral rights are usually considered to be a matter for the national laws of the Member States, although some countries classify some of the above rights, especially the right of communication to the public, among the moral rights of the author rather than under his rights of exploitation.
The United Kingdom law relating to moral rights has been repeatedly criticised, primarily for failing to entirely comply with the Berne Convention. Bently and Sherman point out that the right to object to derogatory treatment uses a far narrower definition of treatment than the Convention, which merely requires that the author be able to object ...
The Berne Convention for the Protection of Literary and Artistic Works (also referred to as just the Berne Convention) requires protection for all creative works in a fixed medium be automatic, and last for at least 50 years after the author's death for any work except for photographic and cinematographic works. Photographic works are tied to a ...
The Berne Convention focuses on authors as the key figure in copyright law and the stated purpose of the convention is "the protection of the rights of authors in their literary and artistic works" (Article 1), rather than the protection of publishers and other actors in the process of disseminating works to the public.