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III

INTERNATIONAL COPYRIGHT UNION: CON

VENTIONS

9. BERNE CONVENTION, 1886, with Paris amendments, 1896, in italics [omissions bracketed].

ARTICLE I

The contracting States. are constituted into an Union for the protection of the rights of authors over their literary and artistic works.

ARTICLE IV

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.

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works"

The expression "literary Definition of and artistic works" in- "literary and cludes all productions in artistic 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; choregraphic 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; geo

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Choregraphic works protected

Translations, arrangements, and adaptations protected

PROTOCOL

2. As regards Article IX, it is agreed that those countries of the Union whose legislation implicitly includes choregraphic 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

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.

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tions, 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 preju

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

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, I

(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

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Photograph

of work of

art protected

Authors to enjoy in countries of

the Union the rights granted to natives

domestic legislation allows this to be done, and according to the measure of protection which it gives to similar national works.

[PROTOCOL I, PAR. 2] 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

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.

ARTICLE 4

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.

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] 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.

ties of coun

The enjoyment and the No formaliexercise of such rights are ties required not subject to any formality; such enjoyment and [Conditions such exercise are independ- and formalient of the existence of pro- try of origin] tection in the country of try of origin] 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.

The following is consid- Definition of ered as the country of origin country of of the work: for unpub- origin lished works, the country to which the author belongs; for published works, the country of first publication, and for works published simultaneously in

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