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IV

PAN AMERICAN UNION: CONVENTIONS

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II. MONTEVIDEO CONVENTION, 1889
TREATY ON LITERARY AND ARTISTIC COPYRIGHT

ADOPTED JANUARY 11, 1889

ARTICLE I The contracting States promise to recognize and protect Union to prothe rights of literary and artistic property, according to the tect literary

and artistic provisions of the present treaty.

property ARTICLE 2 The author of any literary or artistic work, and his suc- Authorsshall cessors, shall enjoy in the contracting States the rights enjoy rights accorded him by the law of the State in which its original secured in

country of publication or production took place.

origin ARTICLE 3 The author's right of ownership in a literary or artistic Definition of work shall comprise the right to dispose of it, to publish it, copyright to convey it to another, to translate it or to authorize its translation, and to reproduce it in any form whatsoever.

ARTICLE 4 No State shall be obliged to recognize the right to liter- Term not to ary or artistic property for a longer period than that allowed exceed that to authors who obtain the same right in that State. This

of country of

origin
period may be limited to that prescribed in the country
where it originates, if such period be the shorter.

ARTICLE 5
By the expression literary or artistic works is understood
all books, pamphlets, or other writings, dramatic or dra-

Definition of matico-musical works, chorographies, musical compositions "literary with or without words, drawings, paintings, sculptures, and artistic

engravings, photographs, lithographs, geographical maps, work”

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 The translators of works of which a copyright either rights 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 Newspaper articles may be reproduced upon quoting the articles publication from which they are taken. From this provi

sion 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 Infringe- Under the head of illicit reproductions shall be classed ments all indirect, unauthorized appropriations of a literary or ardefined

tistic 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 IO Authority The rights of authorship shall be allowed, in the absence recognized 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 II Those who usurp the right of literary or artistic pro- Each govperty shall be brought before the courts and tried accord- ernment to ing to the laws of the country in which the fraud may have exercise

supervision been committed.

ARTICLE 12 The recognition of the right of ownership of literary and Immoral artistic works shall not prevent the contracting States works 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 The simultaneous ratification of all the contracting na- Ratification tions 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 The exchange having been made in the manner pre- Indefinite scribed in the foregoing article, this treaty shall remain in period force for an indefinite period after that act.

ARTICLE 15 If any of the contracting nations should deem it advis- Withdrawable to be released from this treaty, or introduce modifica- als tions 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 The provisions of Article 13 are extended to all na- Adherences tions who, although not represented in this Congress, may desire to adopt the present treaty.

Signatories

The seven countries represented and whose delegates signed the Montevideo treaty were: Argentina, Bolivia, Brazil, Chile, Paraguay, Peru, Uruguay. But the convention was ratified only by Argentina, Paraguay, Uruguay, Peru and Boliva, and Brazil and Chile did not become participants. Participation of Belgium, France, Italy and Spain in this convention was accepted by Argentina and Paraguay, but apparently not by the other countries.

12. MEXICO CITY CONVENTION, 1902

CONVENTION TO PROTECT LITERARY AND ARTISTIC PRO

PERTY, SIGNED AT MEXICO, JANUARY 27, 1902

ARTICLE I The signatory States constitute themselves into a Union Union to profor the purpose of recognizing and protecting the rights of tect literary

and artistic literary and artistic property, in conformity with the stipulations of the present Convention.

property

ARTICLE 2 Under the term "literary and artistic works" are com- Definition prised books, manuscripts, pamphlets of all kinds, no mat- of literary ter what subject they may treat of and what may be the and artistic

works” number of their pages; dramatic or melodramatic works; choral music and musical compositions, with or without words; designs, drawings, paintings, sculpture, engravings, photographic works; astronomical and geographical globes; plans, sketches, and plastic works, relating to geography or geology, topography or architecture, or any other science; and, finally, every production in the literary and artistic field which may be published by any method of impression or reproduction.

ARTICLE 3 The copyright to literary or artistic work consists in the Definition of exclusive right to dispose of the same, to publish, sell, and copyright translate the same, or to authorize its translation, and to reproduce the same in any manner either entirely or partially.

The authors belonging to one of the signatory countries, Exclusive or their assigns, shall enjoy in the other signatory coun- right of tries and for the time stipulated in Article 5 the exclusive translation right to translate their works or to authorize their translation.

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