Copyright: Its History and Its Law

Article II

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representatives, shall enjoy in the other countries for their works [whether published in one of those countries or unpublished], either not published or published for the first time in one of those countries, the rights which the respective laws do now or may hereafter grant to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.

No formalities required

[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 Clôture."

[Art. II, par. 3, 4]

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 For unpublished works the country to which the author belongs is considered the country of origin of the work.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

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

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.]

Term for photographic, posthumous, anonymous or pseudonymous works

Posthumous works are included amongst protected works.

Article V

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.

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.

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

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.

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.

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

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

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.

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.

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

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

Adaptation of musical works to mechanical instruments

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

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.

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

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.

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

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

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

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.

Application to translation

The stipulations of Article XIV of the Convention of Berne and of the present number of the "Protocole de Clôture" apply equally to the exclusive right of translation, as granted by the present additional act.

Provisions to apply to new accessions

The above-mentioned temporary provisions are applicable in case of new accessions to the Union.

Article XV

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

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

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

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."

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

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.

Language of Office to be French

The official language of the International Office will be French.

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.

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.

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.

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.

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.:

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.

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

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.

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

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.

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]

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

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

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

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

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

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 procès-verbal of the exchange of ratifications, signed by the plenipotentiaries present.

Article XX

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.

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

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

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 ConventionArticle 1

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

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 scène") 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.

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.

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

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

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.

No formalities required

[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.

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 ina 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.