Lapas attēli
PDF
ePub

tion takes place simultaneously in
several countries of the Union,
that one of them in which the
shortest term of protection is

granted by law.
Unpublished For unpublished works the
works

country to which the author be-
longs is considered the country of
origin of the work.

A fifth paragraph is furthermore added, which runs thus:

“Posthumous works are included amongst protected works.”

2. ARTICLE III. Article III shall ARTICLE III

run as follows: The stipulations of the present

“Authors, not subjects of one of works published

of the Convention apply equally to the the countries of the Union, but countries of the Union protected

publishers of literary and artistic who shall have published, or works published in one of the caused to be published for the first countries of the Union, but of time, their literary or artistic which the authors belong to a

works in one of those countries, country which is not a party to the shall enjoy for those works the Union.

protection accorded by the Berne Convention, and by the present

additional act.ARTICLE IV

Posthumous works

Publishers of

in

one

of

or

Definition

The expression “literary and
"literary and ar-
tistic works" artistic works" comprehends

books, pamphlets, and all other
writings; dramatic or dramatico-
musical works, musical composi-
tions with without words;
works of design, painting, sculp-
ture, and engraving; lithographs,
illustrations, geographical charts;
plans, sketches, and plastic works
relative to geography, topography,
architecture, or science in general;
in fact, every production whatso-
ever in the literary, scientific, or
artistic domain which can be pub-
lished by any mode of impression
or reproduction.

3. ARTICLE V. The first paraARTICLE V

graph of Article V shall run as fol

lows: Exclusive

Authors of any of the countries Authors of any of the countries right of

of the Union, or their lawful repre- of the Union, or their lawful repre

trans

lation

of translation ex

ten years

lished in several

sentatives, shall enjoy in the other sentatives, shall enjoy in the other countries the exclusive right of countries the exclusive right of making or authorizing the trans- making or authorizing the translalation of their works until the ex- tion of their works during the piration of ten years from the pub- whole duration of the right in the lication of the original work in one original work. But the exclusive

Right of the countries of the Union. right of translation shall cease to pires after For works published in incom- exist when the author shall - not

Works pubplete parts (“livraisons") the have made use of it within a period lished in incom

plete parts period of ten years commences of ten years from the first publicafrom the date of publication of the tion of the original work, by publast part of the original work. lishing or causing to be published

For works composed of several in one of the countries of the Works pubvolumes published at intervals, as Union, a translation in the lan-volumes well as for bulletins or collections guage for which protection shall ("cahiers”) published by literary be claimed.” or scientific societies, or by private persons, each volume, bulletin, or collection is, with regard to the period of ten years, considered a separate work.

In the cases provided for by the present article, and for the calculation of the period of protection, the 31st of December of the year in which the work was published is admitted as the date of publication.

ARTICLE VI
Authorized translations are pro-

Tra nslations tected as original works. They

protected consequently enjoy the protection stipulated in Articles II and III as regards their unauthorized reproduction in the countries of the Union. It is understood that, in the case

tions by other 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.

4. ARTICLE VII. Article VII ARTICLE VII

shall run as follows: Articles from newspapers or pe

“Serial novels ('Romans-feuille- Serial novels

protected riodicals published in any of the tons'), including novels published countries of the Union may be re- in newspapers or periodicals of one produced in original or in transla- of the countries of the Union, can- Reproduction

of newspaper artion in the other countries of the not be reproduced, in original or in ticles

New

transla

writers

articles

pro

Union, unless the authors or pub- translation, in the other countries, lishers have expressly forbidden it. without the authorization of their For periodicals it is sufficient if the authors or of their lawful represent

prohibition is made in a general atives. Newspaper manner at the beginning of each “This applies equally to other tected number of the periodical.

articles in newspapers or periodicals, whenever the authors or publishers shall have expressly declared in the paper or periodical in which they may have published them, that they forbid their repro

duction. Period icals

“For periodicals it is sufficient if protected

the prohibition is made in a general way, at the beginning of each

number. Reproduction

"In the absence of prohibition, permitted credit is given

reproduction will be permitted on

condition of indicating the source. Articles of po- This prohibition cannot in any “This prohibition cannot in any litical discussion, etc., not case apply to articles of political case apply to articles of political protected

discussion, or to the reproduction discussion, to the news of the day, of news of the day or current topics. or to current topics."

if

ARTICLE VIII

Extracts As regards the liberty of extract-
from literary or
artistic works

ing portions form literary or artis-
tic works for use in publications
destined for educational or scien-
tific purposes or for chrestoma-
thies, the matter is to be decided
by the legislation of the different
countries of the Union, or by spe-
cial arrangements existing or to be
concluded between them.

ARTICLE IX

Representa The stipulations of Article II tion of dramatic or dramatico-apply to the public representation musical works

of dramatic or dramatico-musical works, whether such works be pub

lished or not. Translations Authors of dramatic or dramaof dramatic works

tico-musical works, or their lawful representatives, are, during the existence of their exclusive right

Public per formance of musical works

of translation, equally protected against the unauthorized public representation of translations of their works.

The stipulations of Article II apply equally to the public performance of unpublished musical works, or of published works in which the author has expressly declared on the title page or commencement of the work that he forbids the public performance.

ARTICLE X

Adaptations, etc., considered as infringement

Unauthorized indirect appropriations of a literary or artistic work of various kinds, such as adaptations, arrangements of music, etc., are specially included amongst the illicit reproductions to which the present Convention applies, when they are only the reproduction of a particular 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.

It is agreed that, in the application of the present article, the tribunals of the various countries of the Union will, if there is occasion, conform themselves to the provisions of their respective laws.

Courts of the various countries to conform to their own laws

ARTICLE XI

Author's name to be indicated on work

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.

m a y

Publisher of For anonymous or pseudonyanonymous or p 3 e'udonymous mous works, the publisher whose works considered as represen

name is indicated on the work is tative of author entitled to protect the rights be

longing to the author. He is,
without other proof, reputed the
lawful representative of the anon-

yinous or pseudonymous author. Courts

It is, nevertheless, agreed that
require certifi-
cate of accom- the tribunals may, if necessary,
plishment of for-
malities

require the production of a cer-
tificate from the competent au-
thority to the effect that the for-
malities prescribed by law in the
country of origin have been ac-
complished, as contemplated in
Article II.
ARTICLE XII

5. ARTICLE XII. Article XII

shall run as follows: Seizure of pi- Pirated works may be seized on “Pirated works may be seized rated copies

importation into those countries of by the competent authorities of the Union where the original work the countries of the Union where enjoys legal protection.

the original work has a right to

legal protection. The seizure shall take place con- “The seizure will take place conformably to the domestic law of formably to the domestic legislaeach State.

tion of each country.”

ARTICLE XIII

Each govern- It is understood that the pro-
ment to exercise
supervision visions of the present Convention

cannot in any way derogate from
the right belonging to the Govern-
ment of each country of the Union
to permit, to control, or to pro-
hibit, by measures of domestic
legislation or police, the circula-
tion, representation, or exhibition
of any works or productions in
regard to which the competent
authority may find it necessary to
exercise that right.

ARTICLE XIV

Convention to Under the reserves and condiapply to a 11 works not in tions to be determined by common public domain at the time of its agreement,a the present Convengoing into force tion applies to all works which at

a See paragraph 4 of Final Protocol, p. 132.

« iepriekšējāTurpināt »