BERNE CONVENTION: Author's Rights 🏫Prof.SUMIOKA's advanced philosophy class
Choose subtitles in your language! Berne Convention: Author's Rights Berne Convention is a treaty signed in Bern, Switzerland in 1886 that internationally recognizes and protects creative ideas as the author’s property. This treaty was epoch-making in human cultural history since it established that not only things but also ideas may be property and that the ideas and the authors are regarded as the same. In the past, authors could publish their works only in a limited number of books, products, and performances. In the first place, the authors beforehand had to obtain the Patents, or official public announcements, of the Church or kings, otherwise, the authors risked execution as heretics or traitors. Since Gutenberg invented the printing press in the 15th century, it became possible to instantly create large quantities of manuscripts, and various ideas about religion and society began to spread explosively. The Church and kings tried in vain to suppress them, and in the end, the Protestant Reformation and the French Revolution occurred. The Revolutionary Government initially denied Patents of the old powers and allowed free copying and publication. With his Reign of Terror, lawyer Robespierre brought the chaos of the revolution under control, and based on the idea of Human Rights, he included in the constitution the Author’s Right, which treats works as the author’s property. However, with the Imperial Government and the Restoration, censorship and patents returned. With the rise of newspaper printing and popular culture in the 19th century, literature and art brought big money. At the same time, foreign Copyright Pirates appeared. They not only made copies in their countries but also exported a large number of copies back to the original countries at low prices. However, along with the World Expos, international exhibitions of genuine products, in various countries, the need to protect Copyright or Intellectual Property was recognized, and at last, in 1886 the Berne Convention was concluded. This international treaty covered not only physical Copies of works but also Translations into foreign languages and Adaptations into other forms. It means that not the physical books or products, but the very creative ideas that could be transformed into various forms should be protected as the author’s property. In addition, regarding the ideas and the authors as the same, it claims the Author’s Moral Rights such as the right to display one's name, to publish and withdraw one’s products, and to keep the identity of the ideas. However, Russia (USSR) and the US were at that time yet developing countries so they were cultural consumers of freeriding Copyright Pirates and stubbornly resisted the treaty until recent years. In addition, even now some member countries restrict it through arbitrary domestic laws or ignore it as the abusing habit of the mass media. They would be still not able to understand as savages the concept of Intellectual Property.
