The Berne Convention is an international agreement that defines creative property rights across borders, which gives the copyright holder the exclusive right to control not only the broadcast of the work but also the public exhibition of it through the use of "loudspeaker or analogous instrument". The complainant specifically noted article 11(1) of the Berne Convention which places the right to control "any communication to the public of the performance of [the] works" "by any means" solely in the copyright holder (Berne).