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Basic Principles

Basic Principles :

The three basic principles are the following:

1. Works originating in one of the contracting States must be given the same protection in each of the other contracting States as the latter grants to the works of its own nationals.

2. Such protection must not be conditional upon compliance with any formality.

3. Such protection is independent of the existence of protection in the country of origin of the work. If, however, a contracting State provides for a longer term than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection may be denied once protection in the country of origin ceases.

The minimum standards of protection relate to the works and rights to be protected, and the duration of the protection:

1. As to works, the protection must include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.

2. Subject to certain permitted reservations, limitations or exceptions, the following are among the rights which must be recognized as exclusive rights of authorization:

• the right to translate,

• the right to make adaptations and arrangements of the work,

• the right to perform in public dramatic, dramatico-musical and musical works,

• the right to recite in public literary works,

• the right to communicate to the public the performance of such works,

• the right to broadcast (with the possibility of a contracting State to provide for a mere right to equitable remuneration instead of a right of authorization),

• the right to make reproductions in any manner or form,

• the right to use the work as a basis for an audiovisual work, and the right to reproduce, distribute, perform in public or communicate to the public that audiovisual work.

The Convention also provides for “moral rights,” that is, the right to claim authorship of the work and the right to object to any mutilation or deformation or other modification of, or other derogatory action in relation to, the work which would be prejudicial to the author’s honor or reputation.

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