Re: [Patents] Voice of patenting business

["Christian Beauprez" <beauprez@beauprez.fsnet.co.uk>]

Dear Erik,

I have rechecked the Berne Convention to see what it says. Obviously there are no specific references to computer programs as these  the general provisions on literary and artistic works, but it is worth quoting. To my mind performance (refers to drama/music)  or in the case of literary works "recital"  is definately included in the definitions.

"Article 9

(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form.

Article 11bis

(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:

• (i) the broadcasting of their works or the communication thereof to the public by any other means of wireless diffusion of signs, sounds or images;
• (ii) any communication to the public by wire or by rebroadcasting of the broadcast of the work, when this communication is made by an organization other than the original one;
• (iii) the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.

Article 11ter

(1) Authors of literary works shall enjoy the exclusive right of authorizing:

• (i) the public recitation of their works, including such public recitation by any means or process; (I think this is especially relevant)
• (ii) any communication to the public of the recitation of their works.

Article 20

The Governments of the countries of the Union reserve the right to enter into special agreements among themselves, in so far as such agreements grant to authors more extensive rights than those granted by the Convention, or contain other provisions not contrary to this Convention. The provisions of existing agreements which satisfy these conditions shall remain applicable. "

The Trips treaty is applied mutatis mutandis as one of these agreements. It restates this requirement  in Article 13.

What was your opinion on this issue?

Kindest regards,

Chris