The Berne Convention: Its History and Its Key Role in the Future
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FUTURE
Peter Burger*
The relatively short history of international copyright relations has recently been
marked by a milestone. On September 9, 1986, the Berne Union and the Conven-
tion which it administers, the Berne Convention for the Protection of Literary and
Artistic Property,' celebrated their one hundreth birthday.2 The Berne Convention's
(Berne) one hundred year history, characterized by its five revisions and two ad-
ditional acts, marks it as one of the most enduring of all international agreements.
Like any Union that endures for a long period of time, the Berne Union has devel-
oped its own resilient character -- a character that has helped it overcome conflicts
caused by different copyright philosophies and different levels of economic develop-
ment. This resilience has given the Union the strength to survive two world wars,
the development of new technologies, and the pressures of decolonization. Through
all of these changes, the Union has continued to further its goal of increasing inter-
national copyright protection.
The primary purpose of this article is to trace the history of the Berne Convention
and the consequent revisions and amendments to it.8 In so doing, this article will
* B.A. 1982, Clark University; J.D. 1986, Washington College of Law (American University). Associ-
ate, Orr & Reno, P.A., Concord New Hampshire. This article was written while on leave at the Max
Planck Institute in Munich, Germany. The author would like to acknowledge the editorial assistance of
Ellen Burger, Dr. Adolph Dietz, and Dr. Gerhard Schricker.
1. Berne Convention for the Protection of Literary and Artistic Property, Paris Revision, done on July
24, 1971 [hereinafter Paris Revision of 1971]; reprinted in 1971 COPYRIGHT 135, and reprinted in 4 M.
NIMMER & D. NIMMER, THE LAW OF COPYRIGHT, app. 27 (1987). The 1971 Convention is also repro-
duced and analyzed in the GUIDE TO THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND
ARTIsTIC WORKs (World Intellectual Property Organization, 1978) [hereinafter, THE WIPO GUIDE].
The signatories to the Berne Convention are often collectively referred to as the Berne Union. The
term Union is used throughout this article to refer not only to the evolution of the Berne Convention as
a document, but also to the evolution of the community of nations that has contributed to the character
of the Convention.
2. The one-hundredth anniversary of the Berne Union was a much celebrated event in Europe. Sympo-
sia were held in many European cities in honor of the Convention and the results of those symposia are
reproduced in Celebration of the Hundredth Anniversary of the Berne Convention (pts. I & II), 1987
COPYRIGHT 43-69 (celebration in various member states of the Union). The Director General of the
World Intellectual Property Organization (WIPO), Dr. Arpad Bogsch, also published a special issue
commemorating the centenary of the Berne Convention. Bogsch, The First Hundred Years of the Berne
Convention for the Protection of Literary and Artistic Works, 1986 COPYRIGHT 291-339 [hereinafter
Bogsch, First Hundred Years]. In addition, international copyright scholars from various Berne member
countries contributed articles on the Berne Convention and its effect on national laws. These articles
appear throughout the 1986 volume of COPYRIGHT.
3. Since its original signing, the Convention has been revised five times and amended twice. A revision
refers to a complete redrafting of a previous Berne Act. An amendment refers to an addition or clarifica-
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The Berne Convention: Its History and Its Key Role in the Future
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