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cations 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. 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 effects 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. 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. 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. 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.
In witness whereof, the Plenipotentiaries have signed the present treaty and affixed thereto the Seal of the Fourth International American Conference.
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.
[Here follow the signatures (omitted) of the delegates of the United States of America and the other nineteen contracting states: Argentine Republic, Brazil, Chili, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, Venezuela.]
And whereas, the said Convention has been ratified by the Government of the United States, 'by and with the advice and consent of the Senate thereof, and by the Governments of the Dominican Republic, Guatemala, Honduras, Panama, Nicaragua, and Ecuador,* and the ratifications of the said Gov
*This copyright convention, signed at Buenos Aires, August 11, 1910, is understood to be in effect as between the United States, Brazil, Colombia (1936), Costa Rica, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Nicaragua, Panama, Paraguay, Peru and 'Uruguay. (Text of the treaty in the Spanish, English, Portuguese, and French languages is printed in Stat. L., v. 38, pt. 2, pp. 1785-98.)
ernments were, by the provisions of Article 16 of the said Convention, deposited by their respective Plenipotentiaries with the Government of the Argentine Republic;
Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington this thirteenth day of July in the year of our Lord one thousand nine hundred and fourteen, and of the Independence of the United States of America the one hundred and thirty-ninth. [Seal)
Secretary of State
The Berne Convention
Creating an International Union for the Protection of Literary and Artistic Works; Revised, and signed at Rome June 2, 1928. English translation from the original French text. [Copyright Office Information Circular No. 4.]
ARTICLE 1. The countries to which the present convention applies are constituted into a Union for the protection of the rights of authors in their literary and artistic works.
ARTICLE 2. (1) The terms "literary and artistic works" 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 dramaticomusical works; choreographic works and pantomimes, the stage directions (mise en scéne) 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.
(2) 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.
(3) The countries of the Union are pledged to secure protection in the case of the works mentioned above.
(4) Works of art applied to industry are 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.
(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. Nevertheless, the author alone shall have the right to bring such works together in a compilation.
ARTICLE 3. The present convention applies to photographic works and to works obtained by any process analogous to photography. The countries of the Union are pledged to guarantee protection to such works.
ARTICLE 4. (1) Authors who are nationals 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 nationals, as well as the rights specially accorded by the present Convention.
(2) 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.
(3) 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.
(4) By "published works” (“oeuvres publiées") must be understood, according to the present Convention, works which have been issued (“oeuvres edeitées”). 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 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. (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, 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 jurisdicton 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 patrimonial rights of the author, and even after the assignment of the said rights, the author retains the right to claim the paternity 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 comprises 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 period of protection is regulated by the law of the country where protection is claimed, but this period may not exceed the term fixed in the country of origin of the work. .
ARTICLE 7 bis. (1) The duration of the author's right belonging in common to collaborators in a work is 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, 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 (“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.
(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 obli