{Sidenote: Suppression of books}
77. _Provision against suppression of books._--If the Governor-General
is satisfied that the owner of the copyright in any book, or of the
performing right in any dramatic work or musical work, or of the
lecturing right in any lecture, has refused, after the death of the
author, to republish or allow republication of the book, or the public
performance of the dramatic or musical work, or the publication as a
book of the lecture, and that by reason thereof the book, dramatic work,
musical work, or lecture is withheld from the public, he may grant any
person applying for it a licence to republish the book, or to perform
the dramatic work, or musical work, or to publish the lecture as a book,
in such manner and subject to such conditions as to the Governor-General
seem fit.
{Sidenote: Award of costs}
78. _Power to award costs._--In any action or proceeding taken in any
court under this Act, the court shall have power to award costs at its
discretion.
{Sidenote: Regulations}
79. _Regulations._--The Governor-General may make regulations, not
inconsistent with this Act, prescribing all matters which by this Act
are required or permitted to be prescribed, or which are necessary or
convenient to be prescribed for giving effect to this Act, or for the
conduct of any business relating to the Copyrights Office.
III
INTERNATIONAL COPYRIGHT UNION: CONVENTIONS
9. BERNE CONVENTION, 1886, with Paris amendments, 1896, _in italics_
[omissions bracketed].
ARTICLE I
{Sidenote: Union to protect literary and artistic works}
The contracting States are constituted into an Union for the protection
of the rights of authors over their literary and artistic works.
ARTICLE IV
{Sidenote: Definition of "literary and artistic works"}
The expression "literary and artistic works" comprehends books,
pamphlets, and all other writings; dramatic or dramatico-musical works,
musical compositions with or without words; works of design, painting,
sculpture, and engraving; lithographs, illustrations, geographical
charts; plans, sketches, and plastic works relative to geography,
topography, architecture, or science in general; in fact, every
production whatsoever in the literary, scientific, or artistic domain
which can be published by any mode of impression or reproduction.
PARIS II, 1
{Sidenote: Works of architecture protected}
(_a._) _In the countries of the Union in which protection is accorded
not only to architectural designs, but to the actual works of
architecture, those works are admitted to the benefit of the provisions
of the Convention of Berne and of the present additional act._
PROTOCOL
{Sidenote: Choreographic works protected}
2. As regards Article IX, it is agreed that those countries of the Union
whose legislation implicitly includes choreographic works amongst
dramatico-musical works, expressly admit the former works to the
benefits of the Convention concluded this day.
It is, however, understood that questions which may arise on the
application of this clause shall rest within the competence of the
respective tribunals to decide.
ARTICLE VI
{Sidenote: Translations, arrangements, and adaptations protected}
Authorized translations are protected as original works. They
consequently enjoy the protection stipulated in Articles II and III as
regards their unauthorized reproduction in the countries of the Union.
{Sidenote: New translations by other writers}
It is understood that, in the case of a work for which the translating
right has fallen into the public domain, the translator cannot oppose
the translation of the same work by other writers.
PROTOCOL
{Sidenote: Photographic works protected}
1. As regards Article IV, it is agreed [that those countries of the
Union where the character of artistic works is not refused to
photographs, engage to admit them to the benefits of the Convention
concluded to-day, from the date of its coming into effect. They are,
however, not bound to protect the authors of such works further than is
permitted by their own legislation, except in the case of international
engagements already existing, or which may hereafter be entered into by
them.]
PARIS II, 1
(_b._) _Photographic works, and those obtained by similar processes, are
admitted to the benefit of the provisions of these acts, in so far as
the_ _domestic legislation allows this to be done, and according to the
measure of protection which it gives to similar national works._
[PROTOCOL 1, PAR. 2]
{Sidenote: Photograph of work of art protected}
It is understood that an authorized photograph of a protected work of
art shall enjoy legal protection in all the countries of the Union, as
contemplated by the said Convention _and the additional act_, for the
same period as the principal right of reproduction of the work itself
subsists, and within the limits of private arrangements between those
who have legal rights.
ARTICLE II
{Sidenote: Authors to enjoy in countries of the Union the rights granted
to natives}
Authors of any one of the countries of the Union, or their lawful
representatives, shall enjoy in the other countries for their works
[whether published in one of those countries or unpublished], _either
not published or published for the first time in one of those
countries_, the rights which the respective laws do now or may hereafter
grant to natives.
{Sidenote: No formalities required}
{Sidenote: Conditions and formalities of country of origin}
The enjoyment of these rights is subject to the accomplishment of the
conditions and formalities prescribed by law in the country of origin of
the work, and cannot exceed in the other countries the term of
protection granted in the said country of origin.
[PARIS DECLARATION]
1. _By the terms of paragraph 2 of Article II of the Convention, the
protection granted by the aforementioned Act depends solely on the
accomplishment in the country of origin of the work of the conditions
and formalities that may be prescribed by the legislation of that
country. The same rule applies to the protection of the photographic
works mentioned in No. 1 (b), of the modified "Protocole de Cloture."_
[ART. II, PAR. 3, 4]
{Sidenote: Definition of country of origin}
The country of origin of the work is that in which the work is first
published, or if such publication takes place simultaneously in several
countries of the Union, that one of them in which the shortest term of
protection is granted by law.
For unpublished works the country to which the author belongs is
considered the country of origin of the work.
PARIS DECLARATION
{Sidenote: Published works}
2. _By "published" works must be understood works actually issued to the
public in one of the countries of the Union. Consequently, the
representation of a dramatic or dramatico-musical work, the performance
of a musical work, the exhibition of a work of art, do not constitute
publication in the sense of the aforementioned Acts._
ARTICLE III
{Sidenote: Authors not belonging to countries of the Union also
protected if they first publish in a Union country}
[The stipulations of the present Convention apply equally to the
publishers of literary and artistic works published in one of the
countries of the Union, but of which the authors belong to a country
which is not a party to the Union.]
_Authors, not subjects of one of the countries of the Union, but who
shall have published or caused to be published for the first time, their
literary or artistic works in one of those countries, shall enjoy for
those works the protection accorded by the Berne Convention, and by the
present additional act._
[ART. II, PAR. 2]
The enjoyments of these rights ... cannot exceed in the other countries
the term of protection granted in the said country of origin.
[ART. II, ADD. PAR.]
{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous
works}
_Posthumous works are included amongst protected works_.
ARTICLE V
{Sidenote: Exclusive right of translation}
Authors of any of the countries of the Union, or their lawful
representatives, shall enjoy in the other countries the exclusive right
of making or authorizing the translation of their works [until the
expiration of ten years from the publication of the original work in one
of the countries of the Union] _during the whole duration of the right
in the original work. But the exclusive right of translation shall cease
to exist when the author shall not have made use of it within a period
of ten years from the first publication of the original_ _work, by
publishing or causing to be published in one of the countries of the
Union, a translation in the language for which protection shall be
claimed._
{Sidenote: Works published in incomplete parts}
For works published in incomplete parts ("livraisons") the period of ten
years commences from the date of publication of the last part of the
original work.
{Sidenote: Works published in several volumes}
For works composed of several volumes published at intervals, as well as
for bulletins or collections ("cahiers") published by literary or
scientific societies, or by private persons, each volume, bulletin, or
collection is, with regard to the period of ten years, considered a
separate work.
In the cases provided for by the present article, and for the
calculation of the period of protection, the 31st of December of the
year in which the work was published is admitted as the date of
publication.
ARTICLE VII
{Sidenote: Serials and other works in newspapers or periodicals
protected}
_Serial stories ("romans-feuilletons"), including novels, published in
newspapers or periodicals of one of the countries of the Union, cannot
be reproduced, in original or in translation, in the other countries,
without the authorization of their authors or of their lawful
representatives._
{Sidenote: Reproduction of newspaper articles}
[Articles from newspapers or periodicals published in any of the
countries of the Union may be reproduced in original or in translation
in the other countries of the Union, unless the authors or publishers
have expressly forbidden it. For periodicals it is sufficient if the
prohibition is made in a general manner at the beginning of each number
of the periodical.]
_This applies equally to other articles in newspapers or periodicals,
whenever the authors or publishers shall have expressly declared in the
paper or periodical in which they may have published them, that they
forbid their reproduction. For periodicals it is sufficient if the
prohibition is made in a general way, at the beginning of each number._
_In the absence of prohibition, reproduction will be permitted on
condition of indicating the source._
{Sidenote: News matter not protected}
This prohibition cannot in any case apply to articles of political
discussion, [or to the reproduction of news of the day or current
topics,] _to the news of the day, or to current topics_.
ARTICLE VIII
{Sidenote: Extracts from literary or artistic works}
As regards the liberty of extracting portions from literary or artistic
works for use in publications destined for educational or scientific
purposes or for chrestomathies, the matter is to be decided by the
legislation of the different countries of the Union, or by special
arrangements existing or to be concluded between them.
ARTICLE IX
{Sidenote: Representation of dramatic or dramatico-musical works}
The stipulations of Article II apply to the public representation of
dramatic or dramatico-musical works whether such works be published or
not.
{Sidenote: Representation of translations}
Authors of dramatic or dramatico-musical works, or their lawful
representatives, are, during the existence of their exclusive right of
translation, equally protected against the unauthorized public
representation of translations of their works.
{Sidenote: Notice of prohibition of performance not required}
The stipulations of Article II apply equally to the public performance
of unpublished musical works, or of published works in which the author
has expressly declared on the title-page or commencement of the work
that he forbids the public performance.
ARTICLE X
{Sidenote: Adaptations, etc., considered as infringements}
Unauthorized indirect appropriations of a literary or artistic work of
various kinds such as adaptations, arrangements of music, etc., are
specially included amongst the illicit reproductions to which the
present Convention applies, when they are only the reproduction of a
particular work, in the same form, or in another form, with
non-essential alterations, or abridgements, so made as not to confer the
character of a new original work.
PARIS DECLARATION
3. _The transformation of a novel into a play, or of a play into a
novel, comes under the stipulations of Article X._
[ARTICLE X, PAR. 2]
It is agreed that, in the application of the present article, the
tribunals of the various countries of the Union will, if there is
occasion, take into account limitations of their respective laws.
PROTOCOL
3. It is understood that the manufacture and sale of instruments for the
mechanical reproduction of musical airs which are copyright, shall not
be considered as constituting an infringement of musical copyright.
ARTICLE XI
{Sidenote: Author's name on work as proof of authorship}
In order that the authors of works protected by the present Convention
shall, in the absence of proof to the contrary, be considered as such,
and be consequently admitted to institute proceedings against piracies
before the courts of the various countries of the Union, it will be
sufficient that their name be indicated on the work in the accustomed
manner.
{Sidenote: Publisher of anonymous or pseudonymous works considered as
representative of author}
For anonymous or pseudonymous works, the publisher whose name is
indicated on the work is entitled to protect the rights belonging to the
author. He is, without other proof, reputed the lawful representative of
the anonymous or pseudonymous author.
It is, nevertheless, agreed that the tribunals may, if necessary,
require the production of a certificate from the competent authority to
the effect that the formalities prescribed by law in the country of
origin have been accomplished, as contemplated in Article II.
ARTICLE XII
{Sidenote: Seizure of pirated copies}
Pirated works may be seized [on importation into] _by the competent
authorities of_ those countries of the Union where the original work
enjoys legal protection.
{Sidenote: Seizure to be made according to the laws of each country}
The seizure shall take place conformably to the domestic law of each
State.
ARTICLE XIII
{Sidenote: Each government to exercise supervision}
It is understood that the provisions of the present Convention cannot in
any way derogate from the right belonging to the Government of each
country of the Union to permit, to control, or to prohibit, by measures
of domestic legislation or police, the circulation, representation, or
exhibition of any works or productions in regard to which the competent
authority may find it necessary to exercise that right.
ARTICLE XIV
{Sidenote: Convention to apply to all works not in public domain}
Under the reserves and conditions to be determined by common agreement,
the present Convention applies to all works which at the moment of its
coming into force have not fallen into the public domain in the country
of origin.
PROTOCOL
{Sidenote: Special conventions and domestic legislation may govern}
4. The common agreement alluded to in Article XIV of the Convention is
established as follows:
The application of the Convention _and of the additional act_ to works
which have not fallen into the public domain _in the country of origin_
at the time when [it comes] _these acts came_ into force, shall operate
according to the stipulations on this head which may be contained in
special conventions either existing or to be concluded.
In the absence of such stipulations between any countries of the Union,
the respective countries shall regulate, each for itself, by its
domestic legislation, the manner in which the principle contained in
Article XIV is to be applied.
{Sidenote: Application to translation}
_The stipulations of Article XIV of the Convention of Berne and of the
present number of the "Protocole de Cloture" apply equally to the
exclusive right of translation, as granted by the present additional
act._
{Sidenote: Provisions to apply to new accessions}
_The above-mentioned temporary provisions are applicable in case of new
accessions to the Union._
ARTICLE XV
{Sidenote: More extensive rights may be secured by special treaties}
It is understood that the Governments of the countries of the Union
reserve to themselves respectively the right to enter into separate
and particular arrangements between each other, provided always that
such arrangements confer upon authors or their lawful representatives
more extended rights than those granted by the Union, or embody other
stipulations not contrary to the present Convention.
ADDITIONAL ARTICLE
{Sidenote: Convention not to affect existing conventions conferring more
extended rights}
The Convention concluded this day in no wise affects the maintenance of
existing conventions between the contracting States, provided always
that such conventions confer on authors, or their lawful
representatives, rights more extended than those secured by the Union,
or contain other stipulations which are not contrary to the said
Convention.
PROTOCOL
{Sidenote: Protocol integral part of Convention}
7. The present Final Protocol, which shall be ratified with the
Convention concluded this day, shall be considered as forming an
integral part of the said Convention, and shall have the same force,
effect, and duration.
ARTICLE XVI
{Sidenote: Bureau of the International Union}
An International Office is established, under the name of "Office of
the International Union for the Protection of Literary and Artistic
Works."
{Sidenote: Under control of Switzerland}
This Office, of which the expenses will be borne by Administrations of
all the countries of the Union, is placed under the high authority of
the Superior Administration of the Swiss Confederation, and works under
its direction. The functions of this Office are determined by common
accord between the countries of the Union.
PROTOCOL
{Sidenote: Organization}
5. The organization of the International Office, established in virtue
of Article XVI of the Convention, shall be fixed by a regulation which
shall be drawn up by the Government of the Swiss Confederation.
{Sidenote: Language of Office to be French}
The official language of the International Office will be French.
{Sidenote: Duties of International Office}
The International Office will collect all kinds of information relative
to the protection of the rights of authors over their literary and
artistic works. It will arrange and publish such information. It will
study questions of general utility likely to be of interest to the
Union, and, by the aid of documents placed at its disposal by the
different administrations, will edit a periodical publication in the
French language treating questions which concern the Union. The
governments of the countries of the Union reserve to themselves the
faculty of authorizing, by common accord, the publication by the Office
of an edition in one or more other languages, if experience should show
this to be requisite.
{Sidenote: Will furnish information as to copyright}
The International Office will always hold itself at the disposal of
members of the Union, with the view to furnish them with any special
information they may require relative to the protection of literary and
artistic works.
{Sidenote: Annual report of Director of International Bureau}
The Director of the International Bureau ... will make an annual report
on his administration, which shall be communicated to all the members of
the Union.
{Sidenote: Expenses of the International Office to be shared by
contracting States}
The expenses of the Office of the International Union shall be shared by
the contracting States. Unless a fresh arrangement be made, they cannot
exceed a sum of sixty thousand francs a year. This sum may be increased
by the decision of one of the Conferences provided for in Article XVII.
{Sidenote: Method of sharing expenses}
The share of the total expense to be paid by each country shall be
determined by the division of the contracting and acceding States into
six classes, each of which shall contribute in the proportion of a
certain number of units, viz.:
First class 25 units
Second class 20 units
Third class 15 units
Fourth class 10 units
Fifth class 5 units
Sixth class 3 units
These coefficients will be multiplied by the number of States of each
class, and the total product thus obtained will give the number of units
by which the total expense is to be divided. The quotient will give the
amount of the unity of expense.
Each State will declare, at the time of its accession, in which of the
said classes it desires to be placed.
{Sidenote: Swiss Administration to prepare the budget of the
International Office, etc.}
The Swiss Administration will prepare the budget of the Office,
superintend its expenditure, make the necessary advances, and draw up
the annual account, which shall be communicated to all the other
Administrations.
ARTICLE XVII
{Sidenote: Revision of Convention}
The present Convention may be submitted to revisions in order to
introduce therein amendments calculated to perfect the system of the
Union.
{Sidenote: Future conferences}
Questions of this kind, as well as those which are of interest to the
Union in other respects, will be considered in Conferences to be held
successively in the countries of the Union by delegates of the said
countries.
PROTOCOL
{Sidenote: Country where a conference is to be held to prepare
programme}
(5.) The Administration of the country where a Conference is about to be
held, will prepare the programme of the Conference with the assistance
of the International Office.
{Sidenote: Director of the International Office to participate}
The Director of the International Office will attend the sittings of the
Conferences, and will take part in the discussion without a deliberative
voice.
[ART. XVII, PAR. 3]
{Sidenote: Alterations of Convention must be by unanimous consent}
It is understood that no alteration in the present Convention shall be
binding on the Union except by the unanimous consent of the countries
comprising it.
PROTOCOL
{Sidenote: Next Conference to be held at Paris}
6. The next Conference shall be held at Paris between four and six years
from the date of the coming into force of the Convention.
The French Government will fix the date within these limits after having
consulted the International Office.
ARTICLE XVIII
{Sidenote: Accession of other countries}
Countries which have not become parties to the present Convention, and
which grant by their domestic law the protection of rights secured by
this Convention, shall be admitted to accede thereto on request to that
effect.
Such accession shall be notified in writing to the Government of the
Swiss Confederation, who will communicate it to all the other countries
of the Union.
Such accession shall imply full adhesion to all the clauses and
admission to all the advantages provided by the present Convention.
ARTICLE XIX
{Sidenote: Accession for colonies or foreign possessions}
Countries acceding to the present Convention shall also have the right
to accede thereto at any time for their colonies of foreign possessions.
They may do this either by a general declaration comprehending all their
colonies or possessions within the accession, or by specially naming
those comprised therein, or by simply indicating those which are
excluded.
ARTICLE XXI
{Sidenote: Convention to be ratified}
The present Convention shall be ratified, and the ratifications
exchanged at Berne, within the space of one year at the latest.
PROTOCOL
{Sidenote: Exchange of ratifications}
7. It is agreed that, as regards the exchange of ratifications
contemplated in Article XXI, each contracting party shall give a single
instrument, which shall be deposited, with those of the other States, in
the Government archives of the Swiss Confederation. Each party shall
receive in exchange a copy of the _proces-verbal_ of the exchange of
ratifications, signed by the plenipotentiaries present.
ARTICLE XX
{Sidenote: Convention to take effect three months after exchange of
ratifications}
The present Convention shall be put in force three months after the
exchange of the ratifications, and shall remain in effect for an
indefinite period until the termination of a year from the day on which
it may have been denounced.
{Sidenote: Denunciation of Convention}
[Such denunciation shall be made to the Government authorized to receive
accessions, and shall only be effective as regards the country making
it, the Convention remaining in full force and effect for the other
countries of the Union.]
_This denunciation shall be addressed to the Government of the Swiss
Confederation. It shall only take effect in respect of the country which
shall have made it, the Convention remaining operative for the other
countries of the Union._
PARIS III
{Sidenote: Accession of other countries to Paris Acts}
_The countries of the Union which have not become parties to the present
Additional Act and Declaration shall be allowed to accede thereto at any
time, on their request to that effect. The same rule shall apply to the
countries which may eventually accede either to the Convention of the
9th September,_ 1886, _or to the Convention or to the Additional Act or
to the Declaration of the 4th May, 1896. It shall be sufficient for the
purpose if a notification is addressed in writing to the Swiss Federal
Council, who will, in turn, notify this accession to the other
Governments._
PARIS IV
{Sidenote: Paris Acts to be ratified}
_The present Additional Act and Declaration shall have the same force
and duration_ _as the Convention of the 9th September, 1886._
_These shall be ratified, and the ratification shall be exchanged at
Paris in the form adopted for that Convention, as soon as possible, and
within a year at the latest._
_Either shall come into force between the countries who have ratified it
three months after this exchange._
10. BERLIN CONVENTION, 1908, with references to parallel articles of
Berne-Paris Convention.
ARTICLE 1
{Sidenote: Union to protect literary and artistic works}
The contracting States are constituted into an Union for the protection
of the rights of authors over their literary and artistic works.
ARTICLE 2
{Sidenote: Definition of "literary and artistic works"}
The expression "literary and artistic works" includes all productions in
the literary, scientific or artistic domain, whatever the mode or form
of reproduction, such as: books, pamphlets and other writings; dramatic
or dramatico-musical works; choreographic works and pantomimes, the
stage directions ("_mise en scene_") of which are fixed in writing or
otherwise; musical compositions with or without words; drawings,
paintings, works of architecture and sculpture; engravings and
lithographs; illustrations; geographical charts; plans, sketches and
plastic works relating to geography, topography, architecture, or the
sciences.
{Sidenote: Translations, arrangements, and adaptations protected}
Translations, adaptations, arrangements of music and other reproductions
transformed from a literary or artistic work, as well as compilations
from different works, are protected as original works without prejudice
to the rights of the author of the original work.
The contracting countries are pledged to secure protection in the case
of the works mentioned above.
{Sidenote: Works of art applied to industry}
Works of art applied to industry are protected so far as the domestic
legislation of each country allows.
ARTICLE 3
{Sidenote: Photographic works protected}
The present Convention applies to photographic works and to works
obtained by any process analogous to photography. The contracting
countries are pledged to guarantee protection to such works.
ARTICLE 4
{Sidenote: Authors to enjoy in countries of the Union the rights granted
to natives}
Authors within the jurisdiction of one of the countries of the Union
enjoy for their works, whether unpublished or published for the first
time in one of the countries of the Union, such rights, in the countries
other than the country of origin of the work, as the respective laws now
accord or shall hereafter accord to natives, as well as the rights
specially accorded by the present Convention.
{Sidenote: No formalities required}
{Sidenote: [Conditions and formalities of country of origin]}
The enjoyment and the exercise of such rights are not subject to any
formality; such enjoyment and such exercise are independent of the
existence of protection in the country of origin of the work.
Consequently, apart from the stipulations of the present Convention, the
extent of the protection, as well as the means of redress guaranteed to
the author to safeguard his rights, are regulated exclusively according
to the legislation of the country where the protection is claimed.
{Sidenote: Definition of country of origin}
The following is considered as the country of origin of the work: for
unpublished works, the country to which the author belongs; for
published works, the country of first publication, and for works
published simultaneously in several countries of the Union, the country
among them whose legislation grants the shortest term of protection. For
works published simultaneously in a country outside of the Union and in
a country within the Union, it is the latter country which is
exclusively considered as the country of origin.
{Sidenote: Published works}
By published works ("_oeuvres publiees_") must be understood, according
to the present Convention, works which have been issued ("_oeuvres
editees_"). The representation of a dramatic or dramatico-musical work,
the performance of a musical work, the exhibition of a work of art and
the construction of a work of architecture do not constitute
publication.
ARTICLE 5
{Sidenote: Authors of countries of the Union first published in another
country}
Authors within the jurisdiction of one of the countries of the Union who
publish their works for the first time in another country of the Union,
have in this latter country the same rights as national authors.
ARTICLE 6
{Sidenote: Authors not belonging to countries of the Union also
protected if they first publish in a Union country}
Authors not within the jurisdiction of any one of the countries of the
Union, who publish for the first time their works in one of these
countries, enjoy in that country the same rights as national authors,
and in the other countries of the Union the rights accorded by the
present Convention.
ARTICLE 7
{Sidenote: Term of protection life and 50 years}
The term of protection granted by the present Convention comprises the
life of the author and fifty years after his death.
{Sidenote: If not adopted, laws of country to govern term}
In case this term, however, should not be adopted uniformly by all the
countries of the Union, the duration of the protection shall be
regulated by the law of the country where protection is claimed, and can
not exceed the term granted in the country of origin of the work. The
contracting countries will consequently be required to apply the
provision of the preceding paragraph only to the extent to which it
agrees with their domestic law.
{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous
works}
For photographic works and works obtained by a process analogous to
photography, for posthumous works, or anonymous or pseudonymous works,
the term of protection is regulated by the law of the country where
protection is claimed, but this term may not exceed the term fixed in
the country of origin of the work.
ARTICLE 8
{Sidenote: Exclusive right of translation}
Authors of unpublished works within the jurisdiction of one of the
countries of the Union, and authors of works published for the first
time in one of these countries enjoy in the other countries of the Union
during the whole term of the right in the original work the exclusive
right to make or to authorize the translation of their works.
ARTICLE 9
{Sidenote: Serials and other works in newspapers or periodicals
protected}
Serial stories (_romans-feuilletons_), novels and all other works,
whether literary, scientific or artistic, whatever may be their subject,
published in newspapers or periodicals of one of the countries of the
Union, may not be reproduced in the other countries without the consent
of the authors.
{Sidenote: Reproduction of newspaper articles}
With the exception of serial stories and of novels ("_des
romans-feuilletons et des nouvelles_") any newspaper article may be
reproduced by another newspaper if reproduction has not been expressly
forbidden. The source, however, must be indicated. The confirmation of
this obligation shall be determined by the legislation of the country
where protection is claimed.
{Sidenote: News matter not protected}
The protection of the present Convention does not apply to news of the
day or to miscellaneous news having the character merely of press
information.
ARTICLE 10
{Sidenote: Extracts from literary or artistic works}
As regards the liberty of extracting portions from literary or artistic
works for use in publications destined for educational or scientific
purposes or for chrestomathies, the matter is to be decided by the
legislation of the different countries of the Union, or by special
arrangements existing or to be concluded between them.
ARTICLE 11
{Sidenote: Representation of dramatic or dramatico-musical works}
The stipulations of the present Convention apply to the public
representation of dramatic or dramatico-musical works and to the public
performance of musical works, whether these works are published or not.
{Sidenote: Representation of translations}
Authors of dramatic or dramatico-musical works are protected, during the
term of their copyright in the original work, against the unauthorized
public representation of a translation of their works.
{Sidenote: Notice of prohibition of performance not required}
In order to enjoy the protection of this article, authors, in publishing
their works, are not obliged to prohibit the public representation or
public performance of them.
ARTICLE 12
{Sidenote: Adaptations, etc., considered as infringements}
Unauthorized indirect appropriations of a literary or artistic work of
various kinds such as adaptations, arrangements of music,
transformations of a romance or novel or of a poem into a theatrical
piece and vice versa, etc., are specially included amongst the illicit
reproductions to which the present Convention applies, when they are
only the reproduction of such work in the same form or in another form
with non-essential alterations, or abridgements, so made as not to
confer the character of a new original work.
ARTICLE 13
{Sidenote: Adaptation of musical works to mechanical instruments}
Authors of musical works have the exclusive right to authorize: (1) the
adaptation of these works to instruments serving to reproduce them
mechanically; (2) the public performance of the same works by means of
these instruments.
{Sidenote: Each country to regulate for itself the manner in which
Convention shall apply}
The limitations and conditions relative to the application of this
article shall be determined by the domestic legislation of each country
in its own case; but all limitations and conditions of this nature shall
have an effect strictly limited to the country which shall have adopted
them.
{Sidenote: Provision not retroactive}
The provisions of paragraph 1 have no retroactive effect, and therefore
are not applicable in a country of the Union to works which, in that
country, shall have been lawfully adapted to mechanical instruments
before the going into force of the present Convention.
{Sidenote: Importation of mechanical musical appliances}
The adaptations made by virtue of paragraphs 2 and 3 of this article and
imported without the authorization of the parties interested into a
country where they are not lawful, may be seized there.
ARTICLE 14
{Sidenote: Right of reproduction by cinematograph protected}
Authors of literary, scientific or artistic works have the exclusive
right to authorize the reproduction and the public representation of
their works by means of the cinematograph.
{Sidenote: Cinematographic productions protected}
Cinematographic productions are protected as literary or artistic works
when by the arrangement of the stage effects or by the combination of
incidents represented, the author shall have given to the work a
personal and original character.
Without prejudice to the rights of the author in the original work, the
reproduction by the cinematograph of a literary, scientific or artistic
work is protected as an original work.
{Sidenote: Also any analogous production}
The preceding provisions apply to the reproduction or production
obtained by any other process analogous to that of the cinematograph.
ARTICLE 15
{Sidenote: Author's name on work as proof of authorship}
In order that the authors of works protected by the present Convention
shall, in the absence of proof to the contrary, be considered as such,
and be consequently admitted to institute proceedings against pirates
before the courts of the various countries of the Union, it will be
sufficient that their name be indicated on the work in the
accustomed manner.
{Sidenote: Publsiher of anonymous or pseudonymous works considered as
representative of author}
For anonymous or pseudonymous works, the publisher whose name is
indicated on the work is entitled to protect the rights belonging to the
author. He is, without other proof, reputed the lawful representative of
the anonymous or pseudonymous author.
ARTICLE 16
{Sidenote: Seizure of pirated copies}
All infringing works may be seized by the competent authorities of the
countries of the Union where the original work has a right to legal
protection.
Seizure may also be made in these countries of reproductions which come
from a country where the copyright in the work has terminated, or where
the work has not been protected.
{Sidenote: Seizure to be made according to the laws of each country}
The seizure shall take place conformably to the domestic law of each
State.
ARTICLE 17
{Sidenote: Each government to exercise supervision}
The provisions of the present Convention cannot in any way derogate from
the right belonging to the Government of each country of the Union to
permit, to control, or to prohibit, by measures of domestic legislation
or police, the circulation, representation, or exhibition of any works
or productions in regard to which the competent authority may find it
necessary to exercise that right.
ARTICLE 18
{Sidenote: Convention to apply to all works not in public domain}
The present Convention applies to all works which, at the moment of its
coming into force, have not fallen into the public domain of their
country of origin because of the expiration of the term of protection.
But if a work by reason of the expiration of the term of protection
which was previously secured for it has fallen into the public domain of
the country where protection is claimed, such work will not be protected
anew.
{Sidenote: Special conventions and domestic legislation may govern}
This principle will be applied in accordance with the stipulations to
that effect contained in the special Conventions either existing or to
be concluded between countries of the Union, and in default of such
stipulations, its application will be regulated by each country in its
own case.
{Sidenote: Provisions to apply to new accessions}
The preceding provisions apply equally in the case of new accessions to
the Union and where the term of protection would be extended by the
application of Article 7.
ARTICLE 19
{Sidenote: More extensive rights may be granted by domestic legislation}
The provisions of the present Convention do not prevent a claim for the
application of more favorable provisions which may be enacted by the
legislation of a country of the Union in favor of foreigners in general.
ARTICLE 20
{Sidenote: More extensive rights may be secured by special treaties}
The governments of the countries of the Union reserve the right to make
between themselves special treaties, when these treaties would confer
upon authors more extended rights than those accorded by the Union, or
when they contain other stipulations not conflicting with the present
Convention. The provisions of existing treaties which answer the
aforesaid conditions remain in force.
ARTICLE 21
{Sidenote: Bureau of the International Union}
The International Office instituted under the name of "Bureau of the
International Union for the Protection of Literary and Artistic Works"
(_Bureau de l'Union Internationale pour la protection des oeuvres
litteraires et artistiques_) is maintained.
{Sidenote: Under control of Switzerland}
This Bureau is placed under the high authority of the Government of the
Swiss Confederation, which controls its organization and supervises its
working.
{Sidenote: Language of Office to be French}
The official language of the International Office is French.
ARTICLE 22
[Duties of International Office]
The International Office collects all kinds of information relative to
the protection of the rights of authors over their literary and artistic
works. It arranges and publishes such information. It studies questions
of general utility likely to be of interest to the Union, and, by the
aid of documents placed at its disposal by the different
administrations, edits a periodical publication in the French language
treating questions which concern the Union. The governments of the
countries of the Union reserve to themselves the faculty of authorizing,
by common accord, the publication by the Office of an edition in one or
more other languages, if experience should show this to be requisite.
{Sidenote: Will furnish information as to copyright}
The International Office must always hold itself at the disposal of
members of the Union, with the view to furnish them with any special
information they may require relative to the protection of literary and
artistic works.
{Sidenote: Annual report of Director of International Bureau}
The Director of the International Bureau makes an annual report on his
administration, which is communicated to all the members of the Union.
ARTICLE 23
{Sidenote: Expenses of the International Office to be shared by
contracting States}
The expenses of the Office of the International Union are shared by the
contracting States. Unless a fresh arrangement be made, they cannot
exceed a sum of sixty thousand francs a year. This sum may be increased
by the decision of one of the Conferences provided for in Article 24.
{Sidenote: Method of sharing expenses}
The share of the total expense to be paid by each country is determined
by the division of the contracting and acceding States into six classes,
each of which contributes in the proportion of a certain number of
units, viz.:
First class 25 units
Second class 20 units
Third class 15 units
Fourth class 10 units
Fifth class 5 units
Sixth class 3 units
These coefficients are multiplied by the number of States of each class,
and the total product thus obtained gives the number of units by which
the total expense is to be divided. The quotient gives the amount of the
unity of expense.
Each State will declare, at the time of its accession, in which of the
said classes it desires to be placed.
{Sidenote: Swiss Administration to prepare the budget of the
International Office, etc.}
The Swiss Administration prepares the budget of the Office, superintends
its expenditure, makes the necessary advances, and draws up the annual
account, which shall be communicated to all the other Administrations.
ARTICLE 24
{Sidenote: Revision of Convention}
The present Convention may be subjected to revision in order to
introduce therein amendments calculated to perfect the system of the
Union.
{Sidenote: Future conferences}
{Sidenote: Country where a conference is to be held to prepare
programme}
{Sidenote: Director of the International Office to participate}
Questions of this kind, as well as those which are of interest to the
Union in other respects, are considered in Conferences to be held
successively in the countries of the Union by delegates of the said
countries. The Administration of the country where a Conference is about
to be held, prepares the programme of the same with the assistance of
the International Office. The Director of the International Office
attends the sittings of the Conferences, and takes part in the
discussion without a deliberative voice.
{Sidenote: Alterations of Convention must be by unanimous consent}
No alteration in the present Convention is binding on the Union except
by the unanimous consent of the countries comprising it.
ARTICLE 25
{Sidenote: Accession of other countries}
The States outside of the Union which assure legal protection of the
rights which are the object of the present Convention, may accede to it
upon their request.
Such accession shall be notified in writing to the Government of the
Swiss Confederation, who will communicate it to all the other countries
of the Union.
{Sidenote: May substitute provisions of previous conventions}
Such accession shall imply full adhesion to all the clauses and
admission to all the advantages provided by the present Convention. It
may, however, indicate such provisions of the Convention of September 9,
1886, or of the Additional Act of May 4, 1896, as it may be judged
necessary to substitute provisionally, at least, for the corresponding
provisions of the present Convention.
ARTICLE 26
{Sidenote: Accession for colonies or foreign possessions}
The contracting countries have the right to accede at any time to the
present Convention for their colonies or foreign possessions.
They may do this either by a general declaration comprehending all their
colonies or possessions within the accession, or by specially naming
those comprised therein, or by simply indicating those which are
excluded.
This declaration shall be made known in writing to the Government of the
Swiss Confederation, and by the latter to all the others.
ARTICLE 27
{Sidenote: Present Convention to replace Berne Convention and Paris
Acts}
{Sidenote: But Berne Convention remains in force between countries not
signatory to present Convention}
The present Convention shall replace, in the relations between the
contracting States, the Convention of Berne of September 9, 1886,
including the Additional Article and the Final Protocol of the same day,
as well as the Additional Act, and the Interpretative Declaration of May
4, 1896. The conventional acts above-mentioned shall remain in force in
the relations with the States which do not ratify the present
Convention.
{Sidenote: Signatory States may declare themselves bound by former
Conventions upon certain points}
The States signatory to the present Convention may, at the time of the
exchange of ratifications, declare that they intend, upon such or such
point, still to remain bound by the provisions of the Conventions to
which they have previously subscribed.
ARTICLE 28
{Sidenote: Convention to be ratified}
The present Convention shall be ratified, and the ratifications
exchanged at Berlin, not later than the first of July, 1910.
{Sidenote: Exchange of ratifications}
Each contracting party shall send, for the exchange of ratifications, a
single instrument, which shall be deposited, with those of the other
countries, in the archives of the Government of the Swiss Confederation.
Each party shall receive in return a copy of the _proces-verbal_ of the
exchange of ratifications, signed by the Plenipotentiaries who shall
have taken part therein.
ARTICLE 29
{Sidenote: Convention to take effect three months after exchange of
ratifications}
The present Convention shall be put in force three months after the
exchange of the ratifications, and shall remain in effect for an
indefinite period until the termination of a year from the day on which
it may have been denounced.
{Sidenote: Denunciation of Convention}
This denunciation shall be addressed to the Government of the Swiss
Confederation. It shall only take effect in respect of the country which
shall have made it, the Convention remaining operative for the other
countries of the Union.
ARTICLE 30
{Sidenote: Adoption of term of life and 50 years to be notified}
The States which introduce into their legislation the term of protection
of fifty years,[4] provided for by Article 7, paragraph 1, of the
present Convention, shall make it known to the Government of the Swiss
Confederation by a written notification which shall be communicated at
once by that Government to all the other countries of the Union.
{Sidenote: Notice shall be given of renouncement of any reservations}
It shall be the same for such States as shall renounce any reservations
made by them in virtue of Articles 25, 26, and 27.
{Sidenote: Signature}
In testimony of which, the respective Plenipotentiaries have signed the
present Convention and have attached thereto their seals.
{Sidenote: Date of signing, November 13, 1908}
Done at Berlin, the thirteenth of November, one thousand nine hundred
eight, in a single copy, which shall be deposited in the archives of the
Government of the Swiss Confederation, and of which copies, properly
certified, shall be sent through diplomatic channels to the contracting
countries.
Footnote 4: Article 7 provides for a general term of
protection for life and fifty years.
IV
PAN AMERICAN UNION: CONVENTIONS
II. MONTEVIDEO CONVENTION, 1889
TREATY ON LITERARY AND ARTISTIC COPYRIGHT ADOPTED JANUARY 11, 1889
ARTICLE 1
{Sidenote: Union to protect literary and artistic property}
The contracting States promise to recognize and protect the rights of
literary and artistic property, according to the provisions of the
present treaty.
ARTICLE 2
{Sidenote: Authors shall enjoy rights secured in country of origin}
The author of any literary or artistic work, and his successors, shall
enjoy in the contracting States the rights accorded him by the law of
the State in which its original publication or production took place.
ARTICLE 3
{Sidenote: Definition of copyright}
The author's right of ownership in a literary or artistic work shall
comprise the right to dispose of it, to publish it, to convey it to
another, to translate it or to authorize its translation, and to
reproduce it in any form whatsoever.
ARTICLE 4
{Sidenote: Term not to exceed that of country of origin}
No State shall be obliged to recognize the right to literary or artistic
property for a longer period than that allowed to authors who obtain the
same right in that State. This period may be limited to that prescribed
in the country where it originates, if such period be the shorter.
ARTICLE 5
{Sidenote: Definition of "literary and artistic work"}
By the expression literary or artistic works is understood all books,
pamphlets, or other writings, dramatic or dramatico-musical works,
chorographies, musical compositions with or without words, drawings,
paintings, sculptures, engravings, photographs, lithographs,
geographical maps, plans, sketches, and plastic works relating to
geography, topography, architecture, or to the sciences in general; and
finally every production in the field of literature or art which may be
published in any way by printing or reproduction.
ARTICLE 6
{Sidenote: Translation rights}
The translators of works of which a copyright either does not exist or
has expired, shall enjoy with respect to their translations the rights
declared in Article 3, but they shall not prevent the publication of
other translations of the same work.
ARTICLE 7
{Sidenote: Newspaper articles}
Newspaper articles may be reproduced upon quoting the publication from
which they are taken. From this provision articles relating to the
sciences or arts, and the reproduction of which shall have been
prohibited by the authors are excepted.
ARTICLE 8
{Sidenote: Addresses}
Speeches pronounced or read in deliberative assemblies, before tribunals
of justice, or in public meetings, may be published in the public press
without any authorization whatsoever.
ARTICLE 9
{Sidenote: Infringements defined}
Under the head of illicit reproductions shall be classed all indirect,
unauthorized appropriations of a literary or artistic work, which may be
designated by different names as adaptations, arrangements, etc., etc.,
and which are no more than a reproduction without presenting the
character of an original work.
ARTICLE 10
{Sidenote: Authority recognized}
The rights of authorship shall be allowed, in the absence of proof to
the contrary, in favor of the persons whose names or pseudonyms shall be
borne upon the literary or artistic works in question.
If the authors wish to withhold their names, they should inform the
editors that the rights of authorship belong to them.
ARTICLE 11
{Sidenote: Each government to exercise supervision}
Those who usurp the right of literary or artistic property shall be
brought before the courts and tried according to the laws of the country
in which the fraud may have been committed.
ARTICLE 12
{Sidenote: Immoral works}
The recognition of the right of ownership of literary and artistic works
shall not prevent the contracting States from preventing by suitable
legislation the reproduction, publication, circulation, representation,
or exhibition of all works which may be considered contrary to good
morals.
ARTICLE 13
{Sidenote: Ratification}
The simultaneous ratification of all the contracting nations shall not
be necessary to the effectiveness of this treaty. Those who adopt it
will communicate the fact to the Governments of the Argentine Republic
and the Eastern Republic of Uruguay, who will inform the other
contracting nations. This formality will take the place of an exchange.
ARTICLE 14
{Sidenote: Indefinite period}
The exchange having been made in the manner prescribed in the foregoing
article, this treaty shall remain in force for an indefinite period
after that act.
ARTICLE 15
{Sidenote: Withdrawals}
If any of the contracting nations should deem it advisable to be
released from this treaty, or introduce modifications in it, said nation
shall so inform the rest; but it shall not be released until two years
after the date of notification, during which time measures will be taken
to effect a new arrangement.
ARTICLE 16
{Sidenote: Adherences}
The provisions of Article 13 are extended to all nations who, although
not represented in this Congress, may desire to adopt the present
treaty.
{Sidenote: Signatories}
The seven countries represented and whose delegates signed the
Montevideo treaty were: Argentina, Bolivia, Brazil, Chile, Paraguay,
Peru, Uruguay. But the convention was ratified only by Argentina,
Paraguay, Uruguay, Peru and Bolivia, and Brazil and Chile did not become
participants. Participation of Belgium, France, Italy and Spain in this
convention was accepted by Argentina and Paraguay, but apparently not by
the other countries.
12. MEXICO CITY CONVENTION, 1902
CONVENTION TO PROTECT LITERARY AND ARTISTIC PROPERTY,
SIGNED AT MEXICO, JANUARY 27, 1902
ARTICLE 1
{Sidenote: Union to protect literary and artistic property}
The signatory States constitute themselves into a Union for the purpose
of recognizing and protecting the rights of literary and artistic
property, in conformity with the stipulations of the present Convention.
ARTICLE 2
{Sidenote: Definition of "literary and artistic works"}
Under the term "literary and artistic works" are comprised books,
manuscripts, pamphlets of all kinds, no matter what subject they may
treat of and what may be the number of their pages; dramatic or
melodramatic works; choral music and musical compositions, with or
without words; designs, drawings, paintings, sculpture, engravings,
photographic works; astronomical and geographical globes; plans,
sketches, and plastic works, relating to geography or geology,
topography or architecture, or any other science; and, finally, every
production in the literary and artistic field which may be published by
any method of impression or reproduction.
ARTICLE 3
{Sidenote: Definition of copyright}
The copyright to literary or artistic work consists in the exclusive
right to dispose of the same, to publish, sell, and translate the same,
or to authorize its translation, and to reproduce the same in any manner
either entirely or partially.
{Sidenote: Exclusive right of translation}
The authors belonging to one of the signatory countries, or their
assigns, shall enjoy in the other signatory countries and for the time
stipulated in Article 5 the exclusive right to translate their works or
to authorize their translation.
ARTICLE 4
{Sidenote: Application for copyright and deposit of two copies}
In order to obtain the recognition of the copyright of a work, it is
indispensable that the author or his assigns or legitimate
representative, shall address a petition to the official department
which each Government may designate, claiming the recognition of such
right, which petition must be accompanied by two copies of his work,
said copies to remain in the proper department.
{Sidenote: One additional copy to be deposited for each country}
{Sidenote: Copies and certificates of registration to be transmitted}
If the author or his assigns should desire that this copyright be
recognized in any other of the signatory countries, he shall attach to
his petition a number of copies of his work equal to that of the
countries he may therein designate. The said department shall distribute
the copies mentioned among those countries, accompanied by a copy of the
respective certificate, in order that the copyright of the author may be
recognized by them.
Any omissions which the said department may incur in this respect shall
not give the author or his assigns any rights to present claims against
the State.
ARTICLE 5
{Sidenote: Authors shall enjoy rights secured in country of origin for
like term}
The authors who belong to one of the signatory countries, or their
assigns, shall enjoy in the other countries the rights which their
respective laws at present grant, or in the future may grant, to their
own citizens, but such right shall not exceed the term of protection
granted in the country of its origin.
{Sidenote: Works in parts or in several volumes}
For the works composed of several volumes which are not published at the
same time, as well as for bulletins or installments of publications of
literary or scientific societies or of private parties, the term of
property shall commence to be counted from the date of the publication
of each volume, bulletin, or installment.
ARTICLE 6
{Sidenote: Country of first publication country of origin}
The country in which a work is first published shall be considered as
the country of its origin, or, if such publication takes place
simultaneously in several of the signatory countries, the one whose laws
establish the shortest period of protection shall be considered as the
country of its origin.
ARTICLE 7
{Sidenote: Translations protected}
Lawful translations shall be protected in the same manner as original
works. The translators of works in regard to which there exists no
guaranteed right of property, or the right of which may have become
extinguished, may secure the right of property for their translations,
as established in Article 3, but they shall not prevent the publication
of other translations of the same work.
ARTICLE 8
{Sidenote: Newspaper articles}
Newspaper articles may be reproduced, but the publication from which
they are taken must be mentioned, and the name of the author given, if
it should appear in the same.
ARTICLE 9
{Sidenote: Works bearing names of authors or pseudonyms protected}
Copyright shall be recognized in favor of the persons whose names or
acknowledged pseudonyms are stated in the respective literary or
artistic work or in the petition to which Article 4 of this Convention
refers, excepting case of proof to the contrary.
ARTICLE 10
{Sidenote: Addresses}
Addresses delivered or read in deliberative assemblies, before the
courts of justice, and in public meetings may be published in the
newspaper press without any special authorization.
ARTICLE 11
{Sidenote: Fragments of literary or artistic works}
The reproduction in publications devoted to public instruction or
chrestomathy of fragments of literary or artistic works confers no right
of property, and may therefore be freely made in all the signatory
countries.
ARTICLE 12
{Sidenote: Infringement defined}
All unauthorized indirect use of a literary or artistic work which does
not present the character of an original work shall be considered as an
unlawful reproduction.
It shall be considered in the same manner unlawful to reproduce in any
form an entire work, or the greater part of the same, accompanied by
notes or commentaries, under the pretext of literary criticism or of
enlargement or completement of an original work.
ARTICLE 13
{Sidenote: Fraudulent copies to be sequestrated, etc.}
All fraudulent works shall be liable to sequestration in the signatory
countries in which the original work may have the right of legal
protection, without prejudice to the indemnity or punishments to which
the falsifiers may be liable according to the laws of the country in
which the fraud has been committed.
ARTICLE 14
{Sidenote: Each Government to exercise supervision}
Each one of the Governments of the signatory countries shall remain at
liberty to permit, exercise vigilance over, or prohibit the circulation,
representation and exposition of any work or production in respect to
which the competent authorities shall have power to exercise such right.
ARTICLE 15
{Sidenote: Convention to take effect three months after ratification}
The present Convention shall take effect between the signatory States
that ratify it, three months from the day they communicate their
ratification to the Mexican Government, and shall remain in force among
all of them until one year from the date it is denounced by any of said
States. The notification of such denouncement shall be addressed to the
Mexican Government and shall only have effect in so far as regards the
country which has given it.
ARTICLE 16
{Sidenote: Adherence of nations not represented at 2d Int. Am.
Conference}
The Governments of the signatory states, when approving the present
Convention, shall declare whether they accept the adherence to the same
by the nations which have had no representation in the Second
International American Conference.
In testimony whereof the Plenipotentiaries and Delegates sign the
present Convention and set thereto the seal of the Second International
American Conference.
{Sidenote: Signed at City of Mexico, Jan. 27, 1902}
Made in the City of Mexico, on the twenty-seventh day of January,
nineteen hundred and two, in three copies written in Spanish, English,
and French, respectively, which shall be deposited at the Department of
Foreign Relations of the Government of the Mexican United States, so
that certified copies thereof may be made, in order to send them through
the diplomatic channel to the signatory States.
13. RIO DE JANEIRO CONVENTION, 1906
CONVENTION, SIGNED AT RIO DE JANEIRO, AUGUST 23,
1906, TO PROTECT PATENTS OF INVENTION, DRAWINGS
AND INDUSTRIAL MODELS, TRADE-MARKS, AND LITERARY
AND ARTISTIC PROPERTY
ARTICLE 1
{Sidenote: Patents, trade-marks, copyrights}
The subscribing nations adopt in regard to patents of invention,
drawings and industrial models, trade-marks, and literary and artistic
property the treaties subscribed at the Second International Conference
of American States, held in Mexico on the 27th of January, 1902, with
such modifications as are expressed in the present Convention.
ARTICLE 2
{Sidenote: Union; Bureaus at Havana and Rio de Janeiro}
A union is constituted of the nations of America, which will be rendered
effective by means of two Bureaus, which will be maintained, one in the
city of Havana and the other in that of Rio de Janeiro, each working
closely with the other, to be styled Bureaus of the International
American Union for the Protection of Intellectual and Industrial
Property, and will have for their object the centralization of the
registration of literary and artistic works, patents, trade-marks,
drawings, models, etc., which will be registered, in each one of the
signatory nations, according to the respective treaties and with a view
to their validity and recognition by the others.
{Sidenote: Registration optional}
This international registration is entirely optional with persons
interested, since they are free to apply, personally or through an
attorney-in-fact, for registration in each one of the States in which
they seek protection.
ARTICLE 3
{Sidenote: Bureau at Havana}
The Bureau established in the city of Havana will have charge of the
registrations from the United States of America, the United States of
Mexico, Venezuela, Cuba, Haiti, San Domingo, San Salvador, Honduras,
Nicaragua, Costa Rica, Guatemala, Panama, and Colombia.
{Sidenote: Bureau at Rio de Janeiro}
The Bureau established in the city of Rio de Janeiro will attend to the
registrations coming from the republics of the United States of Brazil,
Uruguay, Argentine Republic, Paraguay, Bolivia, Chile, Peru, and
Ecuador.
ARTICLE 4
{Sidenote: Bureaus to be considered as one}
For the purpose of the legal unification of the registration, the two
International Bureaus, which are divided merely with a view to greater
facility of communication, are considered as one, and to this end it is
established that (a) both shall have the same books and the same
accounts kept under an identical system; (b) copies shall be transmitted
monthly from one to the other, authenticated by the Governments in whose
territories they have their seat, of all the registrations,
communications, and other documents affecting the recognition of the
rights of proprietors or authors.
ARTICLE 5
{Sidenote: Copies of registrations to be transmitted}
Each one of the Governments adhering to the Union will send at the end
of each month to the proper Bureau, according to Art. 3, authenticated
copies of all registrations of trade-marks, patents, drawings, models,
etc., and copies of the literary and artistic works registered in them,
as well as of all lapses, renunciations, transfers, and other
alterations occurring in proprietary rights, according to the respective
treaties and laws, in order that they may be sent out or distributed and
notice given of them as the case may be by the International Bureau to
those nations in direct correspondence therewith.
ARTICLE 6
{Sidenote: Bureaus to transmit certificates}
The registration or deposit of drawings, models, etc., made in the
country of origin according to the national law of the same and
transmitted by the respective administration to the International
Bureau, shall be by such Bureau laid before the other countries of the
Union, by which it shall be given full faith and credit, except in the
case provided for in Art. 9 of the Treaty on Patents, Trade-Marks, etc.,
of Mexico, and in case the requirements essential to the recognition of
international property are lacking where literary or artistic works are
involved according to the treaty thereon subscribed in Mexico.
{Sidenote: Protection to be allowed or refused within one year}
In order that the States forming the Union may accept or refuse the
recognition of the rights granted in the country of origin, and for the
further legal purposes of such recognition, such States shall be allowed
a term of one year from the date of notification by the proper office
for the purpose of so doing.
{Sidenote: Notification in case protection is not allowed}
In case patents, trade-marks, drawings, models, etc., or the right to
literary or artistic works shall fail to obtain recognition on the part
of any one of the offices of the States forming the Union, the
International Bureau shall be made acquainted with the facts and reasons
of the case in order that in its turn these facts may be transmitted by
it to the office of origin and to the interested party, for proper
action according to local law.
ARTICLE 7
{Sidenote: Registration in country of origin to have same effect as
registration in each country}
{Sidenote: Term of protection, that of country of origin}
Every registration or recognition of intellectual and industrial rights
made in one of the countries of the Union and communicated to the others
according to the form prescribed in the preceding articles shall have
the same effect that would be produced if said registration or
recognition had taken place in all of them, and every nullification or
lapse of rights occurring in the country of origin and communicated in
the same form to the others shall produce in them the same effect that
it would produce in the former.
{Sidenote: If no term by law, then as specified}
{Sidenote: Copyright, 25 years after death of author}
The period of international protection derived from the registration
shall be that recognized by the laws of the country where the rights
originated or have been recognized; and if said laws do not provide for
such matters or do not specify a fixed period, the respective periods
shall be: for patents, 15 years; for trade-marks or commercial designs,
models, and industrial drawings, 10 years; for literary and artistic
works, 25 years, counting from the death of the author thereof. The
first two periods may be renewed at will by giving the same form as in
the case of the first registration.
ARTICLE 8
{Sidenote: Regulations to govern Bureaus}
{Sidenote: Expenses of Bureaus}
The International Bureaus for the protection of intellectual and
industrial property shall be governed by identical regulations, formed
with the concurrence of the Governments of the Republics of Cuba and
Brazil and approved by all the others belonging to the Union. Their
budgets, after being sanctioned by the said Governments, shall be
defrayed by all of the subscribing Governments in the same proportion
established for the International Bureau of American Republics at
Washington, and in this particular they shall be placed under the
control of those Governments within whose territories they are
established.
{Sidenote: Registration fee, $5 American gold}
To the tax on rights which the country of their origin collects for
registration or deposit and other acts resulting from the recognition or
guaranty of intellectual and industrial property, shall be added a fee
of five dollars, American gold, which fee or the equivalent thereof in
the currency of the country in which the payment is made shall be
distributed in equal parts among the Governments in whose territory the
International Bureaus shall be established, the sole object of this
being to contribute to the maintenance of the said Bureaus.
ARTICLE 9
{Sidenote: Functions of Bureaus:}
In addition to the functions prescribed in the preceding articles, the
International Bureaus shall have the following:
{Sidenote: 1. To collect and publish information}
1st. To collect information of all kinds regarding the protection of
intellectual and industrial property and to publish and circulate the
same among the countries of America at proper intervals;
{Sidenote: 2. May publish official reviews}
2nd. To encourage the study of questions regarding the said subjects, to
which end they may publish one or more official reviews containing all
documents forwarded to them by the offices of the subscribing countries;
{Sidenote: 3. To give notice of difficulties}
3rd. To lay before the Governments of the Union any difficulties or
obstacles that may arise in the efficacious application of the present
Convention, and indicate means to correct or remove such difficulties or
obstacles;
{Sidenote: 4. To originate and prepare for international conferences}
4th. To help the Governments of the Union in the preparation of
international conferences for the study and progress of legislation and
intellectual and industrial properties, for alterations which it may be
proper to introduce in the regulations of the Union or in the treaties
in force on the said subject, and in case such conferences take place
the directors of the Bureaus, not appointed to represent any countries,
shall have a right to attend the meetings and express their opinions at
them, but not to vote;
{Sidenote: 5. To make yearly report}
5th. To present to the Governments of the countries where they shall
have their seats a yearly report of their labors, which shall be
communicated to all of the States of the Union;
{Sidenote: 6. To arrange for the exchange of publications, etc.}
6th. To establish relations for the exchange of publications,
informations and data conducive to the progress of the institution with
similar bureaus, and institutions, and with scientific, literary,
artistic, and industrial corporations of Europe and America;
{Sidenote: 7. To act as agent for each of the Governments concerned}
7th. To cooperate as agent for each one of the Governments of the Union
for the transaction of any business, the taking of any initiative, or
the execution of any act conducive to further the ends of the present
Convention with the offices of the other Governments.
ARTICLE 10
{Sidenote: Registration required to replace provisions of treaties of
1902}
The provisions contained in the Treaties of Mexico of January 27th,
1902, on patents of invention, drawings and industrial models, and
commercial trade-marks, and on literary and artistic property, so far as
regards the formalities of the registration or recognition of said
rights in other countries than that of origin, shall be considered as
replaced by the provisions of the present Convention as soon as one of
the International Bureaus shall have been established, and only with
regard to those States which have concurred in its constitution; in all
other cases the said treaties shall remain in force and the present
Convention shall be considered additional thereto.
ARTICLE 11
{Sidenote: Cuba and Brazil to organize Copyright Bureaus}
The Governments of the Republics of Cuba and the United States of Brazil
shall proceed with the organization of the International Bureaus upon
the ratification of this Convention by at least two-thirds of the
nations belonging to each group mentioned in Article 3. The simultaneous
establishment of both Bureaus shall not be necessary; one only may be
established if there be the number of adherent Governments provided
above, the Government in which the Bureau has its seat being charged
with taking the proper steps to secure this result, availing itself of
the powers contained in the eighth article.
{Sidenote: Bureau first established to be used until second is
organized}
In the event that one of the two offices referred to in this Convention
shall have been established, the countries belonging to a group other
than that to which the Bureau corresponds shall have the right to join
it until the second Bureau shall be established. Upon the establishment
of the second Bureau the first Bureau shall transmit to the same all the
data referred to in Article 12.
ARTICLE 12
{Sidenote: Adhesions to treaty to be communicated to Brazil}
As regards the adhesion of the American nations to the present
Convention, it will be communicated to the Government of the United
States of Brazil, which will lay it before the others, these
communications taking the place of an exchange of notes.
{Sidenote: Brazil to notify Bureau of each adhesion}
The Government of Brazil will also notify the International Bureau of
this adhesion, and this Bureau will forward to the newly adhering State
a complete statement of all the marks, patents, models, drawings, and
literary and artistic works registered which at the time shall be under
international protection.
In testimony whereof the Plenipotentiaries and Delegates have signed the
present Convention and affixed the seal of the Third International
American Conference.
{Sidenote: Signed at Rio de Janeiro, Aug. 23, 1906}
Made in the City of Rio de Janeiro the twenty-third day of August,
nineteen hundred and six, in English, Portuguese, and Spanish, and
deposited with the Secretary of Foreign Affairs of the United States of
Brazil, in order that certified copies thereof be made and sent through
diplomatic channels to the signatory States.
14. BUENOS AIRES CONVENTION, 1910
CONVENTION ON LITERARY AND ARTISTIC COPYRIGHT
SIGNED AT BUENOS AIRES, AUGUST 11, 1910
ARTICLE 1
{Sidenote: Union to protect literary and artistic property}
The signatory States acknowledge and protect the rights of literary and
artistic property in conformity with the stipulations of the present
convention.
ARTICLE 2
{Sidenote: Definition of "literary and artistic works"}
In the expression "Literary and artistic works" are included books,
writings, pamphlets of all kinds, whatever may be the subject of which
they treat and whatever the number of their pages; dramatic or
dramatico-musical works; choreographic and musical compositions, with or
without words; drawings, paintings, sculpture, engravings; photographic
works; astronomical or geographical globes; plans, sketches or plastic
works relating to geography, geology or topography, architecture or any
other science; and, finally, all productions that can be published by
any means of impression or reproduction.
ARTICLE 3
{Sidenote: Formalities}
The acknowledgment of a copyright obtained in one State, in conformity
with its laws, shall produce its effects of full right in all the other
States without the necessity of complying with any other formality,
provided always there shall appear in the work a statement that
indicates the reservation of the property right.
ARTICLE 4
{Sidenote: Definition of copyright}
The copyright of a literary or artistic work includes for its author or
assigns the exclusive power of disposing of the same, of publishing,
assigning, translating, or authorizing its translation and reproducing
it in any form whether wholly or in part.
ARTICLE 5
{Sidenote: Authorship recognized}
The author of a protected work, except in case of proof to the contrary,
shall be considered the person whose name or well-known nom de plume is
indicated therein; consequently suit brought by such author or his
representative against counterfeiters or violators shall be admitted by
the courts of the signatory States.
ARTICLE 6
{Sidenote: Authors to enjoy rights secured in country of origin for like
term}
The authors or their assigns, citizens or domiciled foreigners, shall
enjoy in the signatory countries the rights that the respective laws
accord, without those rights being allowed to exceed the term of
protection granted in the country of origin.
{Sidenote: Works in parts or in several volumes}
For works comprising several volumes that are not published
simultaneously, as well as for bulletins, or parts, or periodical
publications, the term of the copyright will commence to run, with
respect to each volume, bulletin, part, or periodical publication, from
the respective date of its publication.
ARTICLE 7
{Sidenote: Country of first publication country of origin}
The country of origin of a work will be deemed that of its first
publication in America, and if it shall have appeared simultaneously in
several of the signatory countries, that which fixes the shortest period
of protection.
ARTICLE 8
{Sidenote: Subsequent editions non-copyright}
A work which was not originally copyrighted shall not be entitled to
copyright in subsequent editions.
ARTICLE 9
{Sidenote: Translation protected}
Authorized translations shall be protected in the same manner as
original works.
Translators of works concerning which no right of guaranteed property
exists, or the guaranteed copyright of which may have been extinguished,
may obtain for their translations the rights of property set forth in
Article 3d but they shall not prevent the publication of other
translations of the same work.
ARTICLE 10
{Sidenote: Addresses}
Addresses or discourses delivered or read before deliberative
assemblies, courts of justice, or at public meetings may be printed in
the daily press without the necessity of any authorization, with due
regard, however, to the provisions of the domestic legislation of each
nation.
ARTICLE 11
{Sidenote: Newspaper articles}
Literary, scientific, or artistic writings, whatever may be their
subjects, published in newspapers or magazines in any one of the
countries of the Union, shall not be reproduced in the other countries
without the consent of the authors. With the exception of the works
mentioned, any article in a newspaper may be reprinted by others if it
has not been expressly prohibited, but in every case the source from
which it is taken must be cited.
{Sidenote: Newspaper news}
News and miscellaneous items published merely for general information do
not enjoy protection under this convention.
ARTICLE 12
{Sidenote: Fragments of literary or artistic works}
The reproduction of extracts from literary or artistic publications for
the purpose of instruction or chrestomathy does not confer any right of
property, and may, therefore, be freely made in all the signatory
countries.
ARTICLE 13
{Sidenote: Infringements defined}
The indirect appropriation of unauthorized parts of a literary or
artistic work having no original character shall be deemed an illicit
reproduction, in so far as affects civil liability.
The reproduction in any form of an entire work, or of the greater part
thereof, accompanied by notes or commentaries under the pretext of
literary criticism or amplification, or supplement to the original work,
shall also be considered illicit.
ARTICLE 14
{Sidenote: Fraudulent copies to be sequestrated, etc.}
Every publication infringing a copyright may be confiscated in the
signatory countries in which the original work had the right to be
legally protected, without prejudice to the indemnities or penalties
which the counterfeiters may have incurred according to the laws of the
country in which the fraud may have been committed.
ARTICLE 15
{Sidenote: Each government to exercise supervision}
Each of the Governments of the signatory countries shall retain the
right to permit, inspect, or prohibit the circulation, representation,
or exhibition of works or productions, concerning which the proper
authority may have to exercise that right.
ARTICLE 16
{Sidenote: Convention to take effect three months after ratification}
The present convention shall become operative between the signatory
States which ratify it three months after they shall have communicated
their ratification to the Argentine Government, and it shall remain in
force among them until a year after the date, when it may be denounced.
This denunciation shall be addressed to the Argentine Government and
shall be without force except with respect to the country making it.
{Sidenote: Signed at Buenos Aires Aug. 11, 1910}
Made and signed in the city of Buenos Aires on the eleventh day of
August in the year one thousand nine hundred and ten, in Spanish,
English, Portuguese, and French, and deposited in the ministry of
foreign affairs of the Argentine Republic, in order that certified
copies be made for transmission to each one of the signatory nations
through the appropriate diplomatic channels.
The convention was thus signed by representatives of twenty powers: the
United States of America, Argentine Republic, Brazil, Chile, Colombia,
Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti,
Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay
and Venezuela.
CHRONOLOGICAL TABLE OF LAWS AND CASES,
ENGLISH AND AMERICAN
This table gives in chronological order the statutes, with reference to
their place in the statute books, and historical, leading and recent
cases with the name of the court, of the judge presiding or giving the
opinion, and the reference to the law reports, also an epitome of the
point cited in the text, with page reference. It is not intended to
cover minor cases, not settling any principle, and where a decision has
been reversed on appeal, the case in the lower court may not be given
unless some definite point was there settled. The usual law report
abbreviations are employed; outside of these, Copinger refers to
Copinger's "Law of Copyright," Copr. Cas. to the annual summary of
copyright cases edited by McGillivray and published by the English
Publishers Association, Hamlin Copr. C. & D. to Hamlin's "Copyright
Cases and Decisions, 1891-1903," published for the American Publishers'
Copyright League, _Times_ to the London _Times_ legal column, and _Pub.
Week._ to the _Publishers' Weekly_, of New York. English and American
cases can be distinguished by the name of the court, judge or report.
Cases are entered alphabetically in the general index with references to
the year and to the page of text.