The Rights Protected by the Convention: General Introduction; Moral Rights (Article 6bis)

Abstract

This chapter begins by describing the articulation of rights in national legislation and under the Berne Convention. Each successive revision of the Convention has seen the addition of a new right or rights. The original Berne Act contained exclusive rights only in relation to the making and public performance of translations of works. Rights in relation to cinematographic adaptations and the mechanical reproduction of musical works were added at the time of the Berlin Revision; broadcasting and moral rights at Rome; public performance and recitation and adaptation, together with the droit de suite, at Brussels; and reproduction at Stockholm. The present Act now contains provisions for the protection of both moral and pecuniary rights. Meanwhile, in addition to filling in some of the Berne Convention gaps, later multilateral instruments have endeavoured to address the challenges of digital communications. The chapter then focuses on moral rights in the Berne Convention, and their treatment in later multilateral instruments. Moral rights have been recognized in the Berne Convention since the Rome Act; they are now protected under article 6bis of the Paris Act.