Copyright: Its History and Its Law

Published works

By published works ("œuvres publiées") must be understood, according to the present Convention, works which have been issued ("œuvres editées"). 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

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

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

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.

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.

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

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Authors of unpublished works within the jurisdiction of one of the countries of the Union, and authors of works published for the first time in one of these countries enjoy in the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

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.

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.

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

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

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.

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.

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

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

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.

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.

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.

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

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.

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.

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

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.

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.

Article 16

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.

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

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

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.

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.

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

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

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

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 œuvres littéraires et artistiques) is maintained.

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.

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.

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.

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

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.

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.:

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.

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

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.

Future conferences

Country where a conference is to be held to prepare programme

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.

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

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.

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

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

Present Convention to replace Berne Convention and Paris Acts

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.

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

Convention to be ratified

The present Convention shall be ratified, and the ratifications exchanged at Berlin, not later than the first of July, 1910.

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 procès-verbal of the exchange of ratifications, signed by the Plenipotentiaries who shall have taken part therein.

Article 29

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

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

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,3 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.

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.

Signature

In testimony of which, the respective Plenipotentiaries have signed the present Convention and have attached thereto their seals.

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.

IV

PAN AMERICAN UNION: CONVENTIONS

11. MONTEVIDEO CONVENTION, 1889

Treaty on Literary and Artistic Copyright Adopted January 11, 1889Article 1

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Adherences