Berne: Redress, Seizure, Retroactivity and Special Agreements, Articles 15 to 20

In one line

An author whose name appears on a work is presumed to be the author, infringing copies may be seized, a country may not use morality as a cover for censorship of foreign works alone, and works still protected somewhere when a country joins do not fall into the public domain by the joining.

In exam wording: Articles 15 to 20 of the Berne Convention establish presumptions as to authorship and as to the maker of a cinematographic work, require the seizure of infringing copies, preserve national powers of control over circulation on grounds of public order, apply the Convention to works not yet in the public domain at its entry into force, permit greater protection under national law, and reserve the right of countries to make special agreements.

Article 15: presumptions

Article 15(1): in order that the author of a literary or artistic work protected by this Convention shall, in the absence of proof to the contrary, be regarded as such and consequently be entitled to institute infringement proceedings, it shall be sufficient for his name to appear on the work in the usual manner. This applies even if the name is a pseudonym, where the pseudonym adopted leaves no doubt as to identity.

Why it matters. Because there is no register, an author would otherwise have to prove authorship from scratch in every case. The presumption is what makes copyright litigation practicable, and section 55(2) of the Indian Copyright Act is the domestic equivalent.

Article 15(2): the person whose name appears on a cinematographic work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker.

Article 15(3): for anonymous and pseudonymous works other than those in 15(1), the publisher whose name appears on the work shall be deemed to represent the author and to be entitled to protect and enforce the author's rights, the presumption ceasing when the author reveals his identity.

Article 15(4) is the folklore provision, and it matters for Module IV. For unpublished works where the identity of the author is unknown but there is every ground to presume that he is a national of a country of the Union, that country may designate a competent authority to represent the author and to protect and enforce his rights, and shall notify the Director General.

Article 16: seizure

Article 16(1): infringing copies of a work shall be liable to seizure in any country of the Union where the work enjoys legal protection.

Article 16(2): the provisions of paragraph 1 shall also apply to reproductions coming from a country where the work is not protected, or has ceased to be protected.