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43 Syracuse L. Rev. 1095 (1992)
Moral Rights and Musical Works: Are Composers Getting Berned

handle is hein.journals/syrlr43 and id is 1109 raw text is: MORAL RIGHTS AND MUSICAL WORKS: ARE COMPOSERS GETTING BERNED? Patrick G. Zabatta$ INTRODUCTION The Berne Convention for the Protection of Literary and Artistic Works' is the world's oldest international agreement concerning the recognition and protection of intellectual property rights.2 Essen- tially, the purpose of the Berne Convention is to create a uniform international body of law with respect to the rights of authors in the works they create.3 Accordingly, members of the Union4 agree to en- act laws that guarantee certain fundamental rights to authors as mini- mum standards.5 The benefits of these laws must enure equally to a member's own citizens and citizens of other members.6 Though other international treaties also protect intellectual property,7 the Berne Convention is the most expansive in terms of both its membership and t B.A., University of Rochester, 1987; J.D., Syracuse University College of Law, expected May 1993. I wish to thank Professor Laura Lape for her substantive comments on this Note. 1. Berne Convention for the Protection of Literary and Artistic Works, opened for signature Sept. 9, 1886, S. TREATY Doc. No. 27, 99th Cong., 2d Sess. (1986) [hereinafter Berne or Berne Convention]. 2. The treaty was opened for signature at Berne, Switzerland, Sept. 9, 1886, 168 Consol. T.S. 185, completed at Paris, France, May 4, 1896, 182 Consol. T.S. 441, revised at Berlin, Germany, November 13, 1908, 1 L.N.T.S. 217, completed at Berne, March 20, 1914, 1 L.N.T.S. 243, revised at Rome, Italy, (incorporating moral rights under Article 6bis) June 2, 1928, 123 L.N.T.S. 233, revised at Brussels, Belgium, June 26, 1948, 331 U.N.T.S. 217, revised at Stockholm, Sweden, July 14, 1967, 828 U.N.T.S. 221, revised at Paris, July 24, 1971, S. TREATY Doc. No. 27, 99th Cong., 2d Sess. (1986), amended 1979. The history of the Berne Convention and the manner of its administration are expounded in H.R. REP. No. 609, 100th Cong., 2d Sess. 11-17 (1988). 3. Berne, supra note 1, pmbl., S. TREATY Doc. No. 27 at 37 (The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works .. ). 4. Signatories of the Berne Convention can be referred to collectively as the Union. Id. art 2(6), S. TREATY Doc. No. 27 at 38. 5. S. REP. No. 352, 100th Cong., 2d Sess. 2 (1990). 6. Id.; Berne, supra note 1, art. 2(6), S. TREATY Doc. No. 27 at 38. 7. Most notably, The Universal Copyright Convention, Sept. 6, 1952, 6 U.S.T. 2731, 216 U.N.T.S. 132, revised, July 24, 1971, 25 U.S.T. 1341, 943 U.N.T.S. 178 [hereinafter UCC]. 1095

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