Primer on International Copyright and Related Rights
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Primer on International Copyright and Related Rights

Jørgen Blomqvist

The international law on copyright and related rights is comprehensive and complex, spanning over a large number of different treaties which have been compiled and amended over more than 125 years. This book gives a concise, but comprehensive introduction to the rules and their rationales. Its rights-oriented approach makes it equally valuable to the student and the practitioner who needs both an introduction to and overview over the international law in the field. The book explains all treaties relevant today, from the 1886 Berne Convention to the WIPO Marrakesh Treaty of 2013.
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Chapter 10: The object of protection

Jørgen Blomqvist

Extract

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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