International Treaties
"Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author."
(Art. 27.2) Universal Declaration of Human Rights (1948)
The principles of international protection of copyright, established for the first time by the Berne Convention of 1886, are the building blocks of an extensive body of international law. Among the main treaties and conventions are:
The Berne Convention for the Protection of Literary and Artistic Works (1886)
The basic principles governing the protection of author’s rights at the international level were laid down in the Berne Convention for the Protection of Literary and Artistic Works. Currently signed by 163 countries, the Berne Convention establishes such rules as "national treatment", meaning that in every country, foreign authors enjoy the same right as national authors.
Universal Copyright Convention (1952)
Under the auspices of UNESCO, this convention was drawn up to establish a system of copyright protection for all nations of the world, able to ensure respect for the rights of the individual and encourage the development of literature, the sciences and the arts.
Its best known result is the famous © symbol, meaning that a work is protected in this country and consequently in all the countries that signed the Copyright Convention. Moreover, the convention provides standards for adequate and effective copyright protection, such as the basic rights ensuring the author’s economic interests and the term of protection.
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (The Rome Convention) (1961)
The Rome Convention extended copyright protection to neighbouring rights: performing artists enjoy rights over their performances, producers of phonograms over their recordings and radio and television organisations over their programs.
The protection provided under this convention differs according to whether it is to be granted to artists or to producers of phonograms and broadcasting organisations. For the former the protection includes the possibility of preventing certain uses of their performances without their consent and subject to certain conditions, while the latter enjoy the exclusive right to authorise or prohibit.
Trade Related Aspects of Intellectual Property Rights (The TRIPS Agreement) (1994)
Aiming at harmonising international trade hand-in-hand with effective and adequate protection of intellectual property rights, the TRIPS Agreement was drafted to ensure the provision of proper standards and principles concerning the availability, scope and use of trade-related intellectual property rights. At the same time, the agreements foresee means for the enforcement of such rights.
World Intellectual Property Organization Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) (1996)
The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) were drafted in 1996 in order to adapt the protection of the rights of authors to the challenges posed by the advent of the digital world.
The WCT, aimed at ushering copyright legislation into the digital age, entered into force on March 6, 2002. The WPPT, dealing with performances and phonograms, took effect on May 20, 2002.
Convention on Cybercrime (2001)
Drafted by the Council of Europe, the Convention on Cybercrime sets out a common criminal policy aimed at the protection of society against cybercrime. It is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with copyright infringements, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception.
The Collection of Laws for Electronic Access (CLEA)
The CLEA database, set up and managed by WIPO, constitutes an international electronic archive of intellectual property legislation.