Chapter 10: The object of protection
The object of protection under the Berne Convention is, as indicated in the title of the Convention, literary and artistic works. According to Article 2 this expression: […] shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science [emphasis added]. Of decisive importance are the words italicized in the quote above, 'such as', which introduce the detailed enumeration of categories of works, because they clarify beyond doubt that the list is not exhaustive but only provides examples. Since the wording of the provision was last revised in Stockholm in 1967 it has, for example, become generally accepted (and confirmed explicitly in the TRIPS Agreement and the WCT) that computer programs are considered literary works under the Convention, as will be discussed below.
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