His Majesty The Sultan of Morocco: His Excellency Mr. Maurice dé Beaumarchais, Ambassador of the French His Most Serene Highness The Prince of Monaco: Mr. Raoul Sauvage, Chancelor of the Legation of Monaco at Rome. His Excellency Mr. Arnold Raestad, Doctor of Laws, formerly Minister of Her Majesty The Queen of the Netherlands: Mr. H. L. De Beaufort, Doctor of Laws; Dr. F. W. J. G. Snijder de Wissenkerke, former Counselor of the Ministry of Justice, former President of the Council of Patents, President of the Netherlands' Group of the International Literary and Artistic Association; Dr. L. J. Plemp van Duiveland, Director of the Press Service in the Ministry of Foreign Affairs. The President of the Polish Republic: For Poland: His Excellency Mr. Stefan Sieczkowski, Solicitor of the Court of Professor Fryderyk Zoll, Professor in the University of Krakow. His Excellency Mr. Stefan Sieczkowski, Solicitor of the Court of The President of the Portuguese Republic: His Excellency Mr. Enrique Trinidade Coelho, Envoy Extraordinary and His Majesty the King of Rumania. Mr. Theodore Solacolo, Attorney. His Majesty the King of Sweden: His Excellency Baron Erik Marks de Wurtemberg, former Minister of Mr. Erik Lidforss, Attorney. The Federal Council of the Swis Confederation: His Excellency Mr. Georges Wagnière, Envoy Extraordinary and Minister Mr. Walther Kraft, Director of the Federal Bureau of Intellectual Property. The President of the French Republic: For the States of Syria and Great Lebanon: His Excellency Mr. Maurice de Beaumarchais, Ambassador of the The President of the Czechoslovak Republic: His Excellency Dr. Voitech Mastny, Envoy Extraordinary and Minister Dr. Karel Hermann-Otavsky, Professor in the Faculty of Law of the His Highness the Bey of Tunis: His Excellency Mr. Maurice de Beaumarchais, Ambassador of the French Who, being thereunto duly authorized, have agreed upon the following: ARTICLE 1 The Countries to which the present Convention applies shall be constituted into a Union for the protection of the rights of authors in their literary and artistic works. ARTICLE 2 (1) The term "literary and artistic works" shall include all productions in the literary, scientific, and artistic domain, whatever the mode or form of expression, such as: books, pamphlets, and other writings; lectures, addresses, sermons and other works of like nature; dramatic or dramatico-musical works; choreographic works and pantomimes, the staging (mise en scène) of which is 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. (2) Translations, adaptations, arrangements of music and other reproductions transformed from a literary or artistic work, as well as compilations from different works, shall be protected as original works without prejudice to the rights of the author of the original work. (3) The countries of the Union shall be bound to secure protection in the case of the works mentioned above. (4) Works of art applied to industry shall be protected so far as the domestic legislation of each country allows. ARTICLE 2 BIS (1) The authority is reserved to the domestic legislation of each country of the Union to exclude, partially or wholly, from the protection provided by the preceding Article political discourses or discourses pronounced in judicial debates. Never (2) There is also reserved to the domestic legislation of each country of the Union authority to enact the conditions under which such lectures, addresses, sermons and other works of like nature may be reproduced by the press. theless, the author alone shall have the right to bring such works together in a compilation. ARTICLE 3 The present convention shall apply to photographic works and to works obtained by any process analogous to photography. The countries of the Union shall be bound to guarantee protection to such works. ARTICLE 4 (1) Authors within the jurisdiction of one of the countries of the Union shall 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 nationals, as well as the rights specially accorded by the present Convention. (2) The enjoyment and the exercise of such rights shall not be 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, shall be regulated exclusively according to the legislation of the country where the protection is claimed. (3) The following shall be 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 shall be exclusively considered as the country of origin. (4) By "published works" ("oeuvres publiées") must be understood, according to the present Convention, works which have been issued ("oeuvres éditées"). 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 shall not constitute publication. ARTICLE 5 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, shall have in this latter country the same rights as national authors. ARTICLE 6 (1) Authors not within the jurisdiction of any one of the countries of the Union, who publish their works for the first time in one of the Union countries, shall enjoy in such Union country the same rights as national authors, and in the other countries of the Union the rights accorded by the present Convention. (2) Nevertheless, when a country outside of the Union does not protect in an adequate manner the works of authors within the jurisdiction of one of the countries of the Union, this latter Union country may restrict the protection for the works of authors who are, at the time of the first publication of such works, within the jurisdiction of the non-union country and are not actually domiciled in one of the countries of the Union. (3) Any restriction, established by virtue of the preceding paragraph, shall not prejudice the rights which an author may have acquired in a work published in one of the countries of the Union before the putting into effect of this restriction. (4) The countries of the Union which, by virtue of the present article, restrict the protection of the rights of authors, shall notify the fact to the Government of the Swiss Confederation by a written declaration indicating the countries in whose case protection is restricted, and indicating also the restrictions to which the rights of authors within the jurisdiction of such country are subjected. The Government of the Swiss Confederation shall immediately communicate this fact to all the countries of the Union. ARTICLE 6 BIS (1) Independently of the author's copyright, and even after assignment of the said copyright, the author shall retain the right to claim authorship of the work, as well as the right to object to every deformation, mutilation or other modification of the said work, which may be prejudicial to his honor or to his reputation. (2) It is left to the national legislation of each of the countries of the Union to establish the conditions for the exercise of these rights. The means for safeguarding them shall be regulated by the legislation of the country where protection is claimed. ARTICLE 7 (1) The duration of the protection granted by the present Convention shall comprise the life of the author and fifty years after his death. (2) In case this period of protection, however, should not be adopted uniformly by all the countries of the Union, its duration shall be regulated by the law of the country where protection is claimed, and it can not exceed the term fixed in the country of origin of the work. The countries of the Union will consequently not be required to apply the provision of the preceding paragraph beyond the extent to which it agrees with their domestic law. (3) For photographic works and works obtained by a process analogous to photography; for posthumous works; for anonymous or pseudonymous works, the term of protection shall be regulated by the law of the country where protection is claimed, but this term shall not exceed the term fixed in the country of origin of the work. ARTICLE 7 BIS (1) The term of copyright protection belonging in common to collaborators in a work shall be calculated according to the date of the death of the last survivor of the collaborators. (2) Persons within the jurisdiction of countries which grant a shorter period of protection than that provided in paragraph 1 can not claim in the other countries of the Union a protection of longer duration. (3) In any case the term of protection shall not expire before the death of the last survivor of the collaborators. ARTICLE 8 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, shall 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 (1) Serial stories, tales 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. (2) Articles of current economic, political, or religious discussion may be reproduced by the press if their reproduction is not expressly reserved. But the source must always be clearly indicated; the sanction of this obligation shall be determined by the legislation of the country where the protection is claimed. (3) The protection of the present Convention shall not apply to news of the day or to miscellaneous news having the character merely of press information. ARTICLE 10 As concerns the right of borrowing lawfully from literary or artistic works for use in publications intended for instruction or having a scientific character, or for chrestomathies, the provisions of the legislation of the countries of the Union and of the special treaties existing or to be concluded between them shall govern. ARTICLE 11 (1) The stipulations of the present Convention shall 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. (2) Authors of dramatic or dramatico-musical works shall be protected, during the term of their copyright in the original work, against the unauthorized public representation of a translation of their works. (3) In order to enjoy the protection of this article, authors in publishing their works shall not be obliged to prohibit the public representation or public performance of them, ARTICLE 11 BIS (1) The authors of literary and artistic works shall enjoy the exclusive right to authorize the communication of their works to the public by broadcasting. (2) It belongs to the national legislatures of the countries of the Union to regulate the conditions for the exercise of the right declared in the preceding paragraph, but such conditions shall have an effect strictly limited to the country which establishes them. They can not in any case adversely affect the moral right of the author, nor the right which belongs to the author of obtaining an equitable remuneration fixed, in default of an amicable agreement, by competent authority. ARTICLE 12 Among the unlawful reproductions to which the present Convention applies shall be specially included indirect, unauthorized appropriations of a literary or artistic work, such as adaptations, arrangements of music, transformations of a romance or novel or of a poem into a theatrical piece and vice-versa, etc., when they are only the reproduction of such work in the same form or in another form with non-essential changes, additions or abridgements and without presenting the character of a new, original work. ARTICLE 13 (1) Authors of musical works shall 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. (2) 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. (3) The provisions of paragraph 1 shall have no retroactive effect, and therefore shall not be 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 Convention signed at Berlin, November 13, 1908; and, in the case of a country which has acceded to the Union since that date, or shall accede to it in the future, then when the works have been adapted to mechanical instruments before the date of its accession. (4) 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 would not be lawful, shall be liable to seizure there. ARTICLE 14 (1) Authors of literary, scientific or artistic works shall have the exclusive right to authorize the reproduction, adaptation, and public representation of their works by means of the cinematograph. (2) Cinematographic productions shall be protected as literary or artistic works when the author shall have given to the work an original character. If this character is lacking, the cinematographic production shall enjoy the same protection as photographic works. (3) Without prejudice to the rights of the author of the work reproduced or adapted, the cinematographic work shall be protected as an original work. (4) The preceding provisions apply to the reproduction or production obtained by any other process analogous to cinematography. ARTICLE 15 (1) In order that the authors of the works protected by the present Convention may be considered as such, until proof to the contrary, and be admitted consequently before the courts of the various countries of the Union to proceed against infringers, it shall suffice that the author's name be indicated upon the work in the usual manner. (2) For anonymous or pseudonymous works, the publisher whose name is indicated upon the work shall be entitled, to protect the rights of the author He shall, without other proof, be considered the legal representative of the anonymous of pseudonymous author. ARTICLE 16 (1) 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. (2) Seizure may also be made in these countries of reproductions which come from a country where the copyright on the work has terminated, or where the work has not been protected. (3) The seizure shall take place in conformity with the domestic legislation of each country. ARTICLE 17 The provisions of the present Convention may not prejudice in any way the right which belongs to the Government of each of the countries of the Union to permit, to supervise, or to forbid, by means of legislation or of domestic police, the circulation, the representation or the exhibition of every work or production in regard to which competent authority may have to exercise this right. ARTICLE 18 (1) The present Convention shall apply to all works which, at the time it goes into effect, have not fallen into the public domain of their country of origin because of the expiration of the term of protection. (2) 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 shall not be protected anew. (3) This principle shall 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 shall be regulated by each country in its own case. (4) The preceding provisions shall apply equally in the case of new accessions to the Union and where the protection would be extended by the application of Article 7 or by the abandonment of reservations. ARTICLE 19 The provisions of the present Convention shall 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 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 shall remain in force. ARTICLE 21 (1) 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") shall be maintained. |