Legal Definitions - Berne Additional Protocol

The Berne Additional Protocol is an amendment from 1914 to the Berne Convention for the Protection of Literary and Artistic Works (often simply called the Berne Convention). The Berne Convention is an international agreement that establishes minimum standards for copyright protection among its member countries.

The Additional Protocol was created to address a specific situation: when a creator from a country that was not a member of the Berne Convention, and did not offer reciprocal copyright protection, tried to gain Berne protection by simultaneously publishing their work in both a Berne member country and their own non-member country.

In such cases, the Protocol allowed Berne member countries to take "reprisals." This meant that a Berne member country could deny or limit copyright protection for that specific work within its own borders, as a response to the creator's attempt to secure international protection without their home country being part of the Berne system. This measure was designed to encourage countries to join the Berne Convention directly rather than allowing their citizens to benefit from its protections through indirect means.

• Example 1 (Novel): A novelist from the fictional country of "Veridia," which is not a signatory to the Berne Convention, writes a highly anticipated fantasy novel. To ensure broad international copyright protection, the novelist arranges for the book to be published in "Francia" (a Berne member country) on the exact same day it is released in Veridia. Under the Berne Additional Protocol, if Francia discovers this simultaneous publication strategy, it could choose to deny copyright protection to the novel within its own borders, even though it was published there. This would be a reprisal for the author's attempt to gain Berne benefits while their home country remained outside the convention.

• Example 2 (Music Album): A renowned musician from "Xylos," a country that has not joined the Berne Convention, records a new album. Wishing to protect their music globally, the musician arranges for the album's release in "Germania" (a Berne member country) at the same time it is distributed in Xylos. If Germania identifies this dual release strategy, the Berne Additional Protocol would permit Germania to refuse to enforce copyright claims for that album within its territory. This action would serve as a deterrent against creators from non-member nations trying to bypass the convention's requirements.

• Example 3 (Documentary Film): An independent filmmaker from "Zylos," a country not party to the Berne Convention, completes a documentary. To secure international copyright, the filmmaker arranges for the film's theatrical release and DVD distribution in "Japonica" (a Berne member country) on the same day it premieres in Zylos. Should Japonica become aware of this simultaneous publication in a non-member country, the Berne Additional Protocol would allow Japonica to withhold or limit copyright protection for that documentary within its jurisdiction, thereby preventing the filmmaker from fully leveraging Berne protections without Zylos being a member.