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Addenda No. 2

BERNE INTERNATIONAL COPYRIGHT UNION

Text of the Convention creating an

International Union for the protection of Literary and Artistic Works, Signed at Berne, Switzerland, September 9, 1886, Ratified September 5, 1887

Amendments to the International

Copyright Convention of Septem-
ber 9, 1886, agreed to at Paris,
May 4, 1896

ARTICLE I

The International Convention of the 9th of September, 1886, is

modified as follows: Article I The contracting States are con

Union to pro

tect literary and stituted into an Union for the pro

artistic works tection of the rights of authors over their literary and artistic works.

1. ARTICLE II. The first para

graph of Article II shall run as ARTICLE II

follows: Authors of any one of the coun- “Authors of any countries of Authors to en

joy in other tries of the Union, or their lawful the Union, or their lawful repre-countries the representatives, shall enjoy in the sentatives, shall enjoy in the other

rights granted

to natives other countries for their works, countries for their works, either whether published in one of those not published or published for the countries unpublished, the first time in one of those countries, rights which the respective laws do the rights which the respective now or may hereafter grant to laws do now or shall hereafter natives.

grant to natives." The enjoyment of these rights

Conditions

and formalities is subject to the accomplishment

of country

of of the conditions and formalities

origin to be fulprescribed by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the

Term of prosaid country of origin.

tection The country of origin of the

Country of

first publication work is that in which the work is

to be considered first published, or if such publica

country of origin

or

filled

works

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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Unpublished For unpublished works the

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: Publishers of 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 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

one

in countries of the

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 translation

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

of translation ex

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 ten

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

New translaof a work for which the translating

tions by other

writers 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

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

novels 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 reproduction.

“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 sion, 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."

Periodicals

if

discus

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

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