Legal Definitions - Paris Additional Act

The Paris Additional Act is a significant amendment made in 1896 to the Berne Convention, an international treaty that establishes common rules for copyright protection among its member countries. This Act specifically expanded the scope of copyright law to include photographs, recognizing them as "derivative works." This meant that a photograph, even if it was based on or depicted an existing copyrighted work, could itself be protected by copyright, acknowledging the unique creative input of the photographer.

In simpler terms, before this Act, there was ambiguity about whether a photograph of a copyrighted painting or sculpture would receive its own copyright protection. The Paris Additional Act clarified that such photographs, which are derived from an existing work but involve new creative choices by the photographer (like composition, lighting, and angle), are indeed eligible for their own copyright.

• Example 1: Photographing a Sculpture

  Imagine a photographer in 1897 taking a series of artistic photographs of a famous, recently unveiled sculpture that is protected by copyright. Before the Paris Additional Act, it might have been unclear if the photographer's unique images of the sculpture, with their specific lighting and perspective, could be independently copyrighted. However, thanks to the Act, these photographs would be recognized as derivative works. The sculpture is the original copyrighted work, but the photographer's creative choices in capturing its form and detail create a new, distinct work that also qualifies for copyright protection.

• Example 2: Documenting a Theatrical Performance

  Consider a professional photographer hired to capture still images of a new, copyrighted theatrical play, including its unique set designs, costumes, and choreography. The play itself is a copyrighted dramatic work. The photographs taken by the artist, showcasing specific scenes, character interactions, and the overall aesthetic of the production, would be considered derivative works under the Paris Additional Act. The Act ensures that the photographer's artistic choices in framing, timing, and composition, which transform the live performance into a series of still images, are also protected by copyright, separate from the original play.

• Example 3: Architectural Photography

  Suppose an architect designs a groundbreaking building, and their architectural plans and the completed structure are protected by copyright. A photographer is commissioned to create a portfolio of images showcasing the building's innovative design. The photographs, which capture the building's unique angles, materials, and interaction with its environment, are derivative works. The Paris Additional Act ensures that these photographic representations, which involve the photographer's creative interpretation and skill in presenting the existing copyrighted architecture, receive their own copyright protection.