Legal Definitions - Berne-plus

The term Berne-plus refers to international agreements or treaties concerning copyright that provide a higher level of protection for creators than the minimum standards established by the Berne Convention for the Protection of Literary and Artistic Works.

The Berne Convention is a foundational international treaty that sets basic rules for copyright protection among member countries. When an agreement is described as "Berne-plus," it means it goes beyond these fundamental requirements, either by:

• Granting stronger or more extensive rights to creators, or
• Extending copyright protection to new types of creative works or subject matter not explicitly covered by the original Berne Convention.

Here are some examples illustrating the concept of "Berne-plus":

• Extended Copyright Duration: Imagine a bilateral trade agreement between two countries, "Nation Alpha" and "Nation Beta." The Berne Convention generally requires copyright protection to last for at least 50 years after the author's death. However, this new agreement between Nation Alpha and Nation Beta stipulates that for works created by their citizens, copyright will endure for 70 years after the author's death. This provision is Berne-plus because it grants a longer period of protection than the minimum required by the Berne Convention.

• Protection for New Digital Art Forms: Consider a regional treaty signed by several nations that specifically addresses emerging digital content. While the Berne Convention covers traditional literary and artistic works, this new treaty explicitly extends copyright protection to unique forms of digital art, such as interactive virtual reality experiences or complex algorithms used to generate dynamic visual compositions, which might not have been clearly defined or anticipated by the original Berne text. This treaty would be considered Berne-plus because it expands protection to new categories of creative subject matter.

• Enhanced Enforcement Mechanisms: Suppose a group of countries forms a multilateral pact that not only incorporates the basic rights outlined in the Berne Convention but also includes provisions for significantly stronger enforcement against copyright infringement. For instance, the pact might mandate that member states implement statutory damages for infringement that are substantially higher than what Berne requires, or establish more streamlined international procedures for rights holders to pursue legal action across borders. This agreement would be Berne-plus because it provides creators with more robust tools and rights to protect their works against unauthorized use.