The Rights of Reproduction, Adaptation, and Distribution (Articles 8, 9, 12, 14, 14bis(1), 14ter, and 16)

Abstract

This chapter explores the development of the reproduction, adaptation, and distribution rights in the Berne Convention through to the 1971 Paris Revision. The reproduction right is one of the most basic, and earliest-recognized, rights in copyright. The author’s reproduction rights under Berne are not limited, however, to the exclusive right to copy the work in its original form. They also extend to complete or partial reproductions of the work into other forms, and thus encompass the broad realm of adaptations. Although reproduction and adaptation rights concern the incorporeal work of authorship, Berne also provides for certain rights pertaining to the physical copies. These tend to be specific to certain categories of works: distribution of cinematographic works (articles 14(1), 14bis(1)), resale right (droit de suite) in works of art and manuscripts (article 14ter), but article 16 provides for a general right to seize infringing copies imported into Union countries. The chapter then provides an analysis of the impact of later treaties, the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPs Agreement), and the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT), on the reproduction and distribution rights.