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11 Rev. Econ. Rsch. on Copyright Issues 1 (2014)

handle is hein.journals/rvwoecrh11 and id is 1 raw text is: 










      Review of Economic Research on Copyright Issues, 2014, vol. 11(1), pp. 1-8


        THE EFFECTS OF THE BERNE CONVENTION ON
              TRANSLATIONS IN THE NETHERLANDS


                                LEO FANKHANEL


        ABSTRACT. The Berne Convention was the first attempt to recognise the copy-
        right of foreign authors and their translations. I create a unique dataset to
        analyse the long run effects of the Berne Convention in 1912 in the Nether-
        lands. Using pre-post statistical analysis and regression discontinuity design
        I find a significant decrease in the number of books translated per capita and
        an increase in translations per author.




                              1. INTRODUCTION

   The world's first copyright legislation was enacted by the British parliament in
1662 through  the Licensing Of The Press Act to prevent the unregulated copying
of books. In 1710, Queen Anne  extended the act and gave the right of ownership of
books for 28 years to authors rather than publishers. Since then numerous countries
have followed suit in protecting authors. The Netherlands passed copyright legisla-
tion in 1817 which also recognised the ownership of foreign authors. The copyright
act, or Auteurswet, was revised in 1881 to protect Dutch authors only. This gave
rise to a thriving translation industry since foreign authors had no such copyright
protection. While other countries signed the Berne Convention in 1886 which would
also give foreign authors the same rights to their translated works, the Netherlands
deliberately abstained and did not sign the convention despite participating in its
drafting.
   In 1908 a revised version of the convention was available that gave authors the
right of ownership to translations for only 10 years instead of the 50 years granted
for the original.' This version was designed to accommodate  the Dutch,  but yet
again the country refused to join and the Luxembourg delegate said Adieu, pays de
contrefacteurs! (Grosheide, 2012). The Dutch claimed that the revised convention
was not in full compliance with its existing Auteurswet and therefore could not sign
it. Likely, the strong publishing industry supported that decision. It was only after
much  international pressure that the Netherlands joined in 1912 after revising its
Auteurswet  to accommodate  translations of foreign works. The Netherlands was not

I want to especially thank Nancy Gallini for her useful suggestions and support. I thank an
anonymous referee for helpful comments.
'For original convention text see https://archive.org/details/internationalco00offigoog
                                        I

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