Talk:Recruitment to the British Army during World War I and Berne Convention: Difference between pages

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{{for|the treaty establishing the General Postal Union|Treaty of Bern}}

"Pal's battalions" were not unique to the UK in WWI: according to family

tradition, when my maternal grandfather volunteered to fight in the American

Expeditionary Force with the rest of the prospectors/miners in county, they

did so with the understanding that they all would be in the same combat

engineering unit.

[[Image:Berne Convention.png|thumb|350px|[[List of countries party to the Berne Convention|Berne Convention signatory countries]] (in blue).]]

(Feel free to incorporate this in the relevant article.) -- [[User:Llywrch|llywrch]] 21:33 Dec 24, 2002 (UTC)

The '''Berne Convention for the Protection of Literary and Artistic Works''', usually known as the '''Berne Convention''', is an international agreement about [[copyright]], which was first adopted in [[Berne]], [[Switzerland]] in 1886.

==History==

It's still true in the US military (at least as of a few years ago). You can enlist with a friend with the guarantee that you can serve together, so long as the jobs you apply for are located together. -- [[User:Zoe|Zoe]]

It was developed at the instigation of [[Victor Hugo]] as the [[Association Littéraire et Artistique Internationale]], and was thus influenced by the French "[[French copyright law|right of the author]]" (''droit d'auteur''), which contrasts with the Anglo-Saxon concept of "copyright", which has only dealt with economic concerns. Under the Berne Convention, copyrights for [[creative works]] do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention.

The US National Guard worked this way in WW2. (Probably still does.) The AIF certainly worked that way. [[User:Tannin|Tannin]]

Prior to the adoption of the Berne Convention, national copyright laws would usually only apply for works created within each country. Consequently, a work published in [[London]] by a British national would be covered by copyright in the [[United Kingdom]], but could be copied and sold by anyone in [[France]]; likewise, a work published in [[Paris]] by a French national would be covered by copyright in France, but could be copied and sold by anyone in the United Kingdom.

:Well the point I was trying to make was that the entire group of miners or prospectors in the town -- I have the impression we are talking a company-sized group of men here -- wanted to serve together. Which would be a daunting number of men for a relatively small group of officers -- both COs & NCOs together -- to manage. (Would *you* want to be the outsider commanding 20 men who have been close friends since childhod?)

The Berne Convention followed in the footsteps of the [[Paris Convention for the Protection of Industrial Property|Paris Convention]] of 1883, which in the same way had created a framework for international integration of the other kinds of [[intellectual property]]: [[patent]]s, [[trademark]]s and [[industrial design]]s.

:I'll concede that the US military may still make -- & honor -- a promise like this; there's a lot about the military a civilian like me only knows at second-hand. But the problems that would result from a promise like this makes this me surprised that it happened. -- [[User:Llywrch|llywrch]] 04:34 Dec 26, 2002 (UTC)

Like the Paris Convention, the Berne Convention set up a bureau to handle the administrative tasks. In 1893, these two small bureaux merged and became the [[United International Bureaux for the Protection of Intellectual Property]] (best known by its French acronym BIRPI), situated in Berne. In 1960, BIRPI moved from Berne to [[Geneva]], to be closer to the [[United Nations]] and other international organizations in that city, and in 1967 BIRPI became WIPO, the [[World Intellectual Property Organization]], which, since 1974, is an organization within the United Nations.

:It was the rule vs. the exception during the American Civil War, but it changed during the Spanish-American War. -- [[User:Zoe|Zoe]]

The Berne Convention was revised in Paris in 1896 and in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971, and was amended in 1979. The UK signed the Berne Convention in [[1887]] but did not implement large parts of it until 100 years later with the passage of the ''Copyright, Designs and Patents Act of 1988''.

== British Conscientious Objectors sentenced to death in WW1 ==

The [[United States]] refused initially to become a party to the Convention, since it would have required major changes in [[United States copyright law|its copyright law]] (particularly with regard to [[moral rights]], removal of general requirement for registration of copyright works as well as elimination of mandatory copyright notice). However, on [[March 1]], [[1989]], the US "[[Berne Convention Implementation Act of 1988]]" came into force and the United States became a party to the Berne Convention.

I would be very interested to know the source of the author's figure of 41 COs sentenced to death. According to both Hansard (HJ Tennant, Under-Secretary for War), 26 June 1916, and The Tribunal, 29 June 1916 (derived from the Friends' Service Committee), the figure was 34. According to the N-CF Souvenir, 1919, the figure was 30 (with no explicit reconciliation with the earlier figure). Whence is the figure of 41 derived - and is a list of precise names available? I have already done much work on a number of the names in both lists.

Since almost all nations are members of the [[World Trade Organization]], the [[Agreement on Trade-Related Aspects of Intellectual Property Rights|TRIPs Agreement]] requires non-members to accept almost all of the conditions of the Berne Convention.

A less important issue is whether Lloyd George had anything to do with overriding the sentences, rather than previous directive by the Prime Minister, Herbert Asquith.

[[as of 2007|As of April 2007]], there are 163 countries that are [[List of countries party to the Berne Convention|parties to the Berne Convention]].

William Hetherington

==Content==

Honorary Archivist,

The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the ''Berne Union'') in the same way it recognises the copyright of its own nationals, which means that, for instance, French copyright law applies to anything published or performed in France, regardless of where it was originally created.

Peace Pledge Union

In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law.

[e-mail]

Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in [[1988]], they continued to make [[statutory damages for copyright infringement|statutory damages]] and [[attorney's fees]] only available for registered works).

NUMBER OF MEN THAT SERVED

The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the [[European Union]] did with the [[1993]] [[Directive on harmonising the term of copyright protection]]. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms.

Is it true that 1 in 4 of the TOTAL male population in Britian served, or just simply 1 in four of those that were liable to serve?( i. e. those of military age). Britian had about 46 million people in 1914, I had always thought that the ratio of the male population that served in WWW1 in Britian was among the lowest of the European powers if not THE lowest.

Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the [[rule of the shorter term]]". Not all countries have accepted this rule.

[[User:12.199.96.253|12.199.96.253]] 15:36, 4 August 2006 (UTC)

==See also==

:Gerald Oram's book ''Worthless Men'' mentions 75 COs in non combatant units sentenced to death on p48 (none executed) mostly for disobedience. If you have the patience, you can identify them in his companion publication ''Death sentences passed by military coiurts of the British Army 1914-1924'' which lists all men sentenced to death (ISBN: 0953238806)

:[[User:Roger Davies|Roger]] 20:42, 6 May 2007 (UTC)

* [[Berne three-step test]]

* [[Buenos Aires Convention]]

* [[Copyright treaty table]]

* [[Official text copyright]]

* [[Public ___domain]]

* [[Rome Convention]]

* [[Universal Copyright Convention]]

==External links==

{{Wikisource}}

* [http://www.law-ref.org/BERN/index.html The 1971 Berne Convention text] - fully indexed and crosslinked with other documents

* [http://www.wipo.int/treaties/en/ip/berne/index.html The current Berne Convention text]

* [http://www.wipo.int WIPO]

* [http://www.wipo.int/treaties/en/ Intellectual Property Protection Treaties]

* [http://www.copyright.gov/circs/circ38a.pdf U.S. Copyright office list of countries having copyright relations with the United States (including list of Berne Union countries)]

* [http://www.peteryu.com/intip/bciahr.pdf House Report of the Berne Convention Implementation Act of 1988, H.R. Rep. No. 100-609 (1988)] gives a brief overview of the successive modifications to the Berne Convention.

[[Category:Intellectual property treaties]]

[[Category:Copyright treaties]]

[[Category:Treaties]]

[[Category:Treaties administered by WIPO]]

[[Category:1886 in law]]

[[cs:Bernská úmluva o ochraně literárních a uměleckých děl]]

[[da:Bernerkonventionen (ophavsret)]]

[[de:Berner Übereinkunft zum Schutz von Werken der Literatur und Kunst]]

[[es:Convenio de Berna]]

[[eo:Konvencio de Berno]]

[[fr:Convention de Berne pour la protection des œuvres littéraires et artistiques]]

[[ko:베른 협약]]

[[id:Konvensi Bern tentang Perlindungan Karya Seni dan Sastra]]

[[it:Convenzione di Berna per la protezione delle opere letterarie e artistiche]]

[[nl:Conventie van Bern (1886)]]

[[ja:文学的及び美術的著作物の保護に関するベルヌ条約]]

[[no:Bernkonvensjonen]]

[[pl:Konwencja berneńska o ochronie dzieł literackich i artystycznych]]

[[pt:Convenção de Berna]]

[[sv:Bernkonventionen]]

[[vi:Công ước Bern]]

[[tr:Edebi ve sanatsal eserlerin korunmasına dair Bern Konvansiyonu]]

[[uk:Бернська конвенція про охорону літературних і художніх творів]]

[[zh:伯尔尼公约]]