What is the Berne Convention?

The Berne Convention is an international agreement that protects the copyrights of foreign authors. It was established in 1886 and is now administered by the World Intellectual Property Organization (WIPO). The Berne Convention was the first copyright treaty that was accepted at an international level. The Berne Convention works by providing copyright protection to any works of authorship that are fixed in a tangible medium of expression. This includes literary works, musical works, computer software, and visual works like paintings, drawings, photographs, and sculptures. It also protects sound recordings, radio, and television broadcasts. In order to be protected by the Berne Convention, a work must be created in one country that signed onto the agreement and must also be published in one of those countries. The Convention requires member countries to give foreign authors the same protection they would give to their own authors. In Delaware, the Copyright Act of 1976 protects works of authorship under the Berne Convention. This includes books, articles, software programs, audio recordings, and drawings. The Copyright Act of 1976 also added protection for “moral rights” which allows authors to be recognized as the creators of their works and prevents others from modifying or changing their works without permission.

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