(c) to study any other problems concerning the international protection of copyright, in co-operation with the various interested international organizations, such as the United Nations Educational, Scientific and Cultural Organization, the International Union for the Protection of Literary and Artistic Works and the Organization of American States; (d) to inform States party to the Universal Copyright Convention as to its activities. 2. The Committee shall consist of the representatives of eighteen States party to this Convention or only to the 1952 Convention. 3. The Committee shall be selected with due consideration to a fair balance of national interests on the basis of geographical location, population, languages and stage of development. 4. The Director-General of the United Nations Educational, Scientific and Cultural Organization, the Director-General of the World Intellectual Property Organization and the Secretary-General of the Organization of American States, or their representatives, may attend meetings of the Committee in an advisory capacity. ARTICLE XII The Intergovernmental Committee shall convene a conference for revision whenever it deems necessary, or at the request of at least ten States party to this Convention. ARTICLE XIII 1. Any Contracting State may, at the time of deposit of its instrument of ratification, acceptance or accession, or at any time thereafter, declare by notification addressed to the Director-General that this Convention shall apply to all or any of the countries or territories for the international relations of which it is responsible and this Convention shall thereupon apply to the countries or territories named in such notification after the expiration of the term of three months provided for in Article IX. In the absence of such notification, this Convention shall not apply to any such country or territory. 2. However, nothing in this Article shall be understood as implying the recognition or tacit acceptance by a Contracting State of the factual situation concerning a country or territory to which this Convention is made applicable by another Contracting State in accordance with the provisions of this Article. ARTICLE XIV 1. Any Contracting State may denounce this Convention in its own name or on behalf of all or any of the countries or territories with respect to which a notification has been given under Article XIII. The denunciation shall be made by notification addressed to the Director-General. Such denunciation shall also constitute denunciation of the 1952 Convention. 2. Such denunciation shall operate only in respect of the State or of the country or territory on whose behalf it was made and shall not take effect until twelve months after the date of receipt of the notification. ARTICLE XV A dispute between two or more Contracting States concerning the interpretation or application of this Convention, not settled by negotiation, shall, unless the States concerned agree on some other method of settlement, be brought before the International Court of Justice for determination by it. ARTICLE XVI 1. This Convention shall be established in English, French, and Spanish. The three texts shall be signed and shall be equally authoritative. 2. Official texts of this Convention shall be established by the Director-General, after consultation with the governments concerned, in Arabic, German, Italian and Portuguese. 3. Any Contracting State or group of Contracting States shall be entitled to have established by the Director-General other texts in the language of its choice by arrangement with the Director-General. 4. All such texts shall be annexed to the signed texts of this Convention. ARTICLE XVII 1. This Convention shall not in any way affect the provisions of the Berne Convention for the Protection of Literary and Artistic Works or membership in the Union created by that Convention. 2. In application of the foregoing paragraph, a declaration has been annexed to the present Article. This declaration is an integral part of this Convention for the States bound by the Berne Convention on 1 January 1951, or which have or may become bound to it at a later date. The signature of this Convention by such States shall also constitute signature of the said declaration, and ratification, acceptance or accession by such States shall include the declaration, as well as this Convention. ARTICLE XVIII This Convention shall not abrogate multilateral or bilateral copyright conventions or arrangements that are or may be in effect exclusively between two or more American Republics. In the event of any difference either between the provisions of such existing conventions or arrangements and the provisions of this Convention, or between the provisions of this Convention and those of any new convention or arrangement which may be formulated between two or more American Republics after this Convention comes into force, the convention or arrangement most recently formulated shall prevail between the parties thereto. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date this Convention comes into force in such State shall not be affected. ARTICLE XIX This Convention shall not abrogate multilateral or bilateral conventions or arrangements in effect between two or more Contracting States. In the event of any difference between the provisions of such existing conventions or arrangements and the provisions of this Convention, the provisions of this Convention shall prevail. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date on which this Convention comes into force in such State shall not be affected. Nothing in this Article shall affect the provisions of Articles XVII and XVIII. ARTICLE XX Reservations to this Convention shall not be permit ted. ARTICLE XXI 1. The Director-General shall send duly certified copies of this Convention to the States interested and to the Secretary-General of the United Nations for registration by him. 2. He shall also inform all interested States of the ratifications, acceptances and accessions which have been deposited, the date on which this Convention comes into force, the notifications under this Convention and denunciations under Article XIV. APPENDIX DECLARATION RELATING TO ARTICLE XVII The States which are members of the International Union for the Protection of Literary and Artistic Works (hereinafter called "the Berne Union") and which are signatories to this Convention, Desiring to reinforce their mutual relations on the basis of the said Union and to avoid any conflict which might result from the coexistence of the Berne Con- Recognizing the temporary need of some States to Have, by common agreement, accepted the terms of (a) Except as provided by paragraph (b), works (b) Where a Contracting State is regarded as a devel- (c) The Universal Copyright Convention shall not be RESOLUTION CONCERNING ARTICLE XI The Conference for Revision of the Universal Copy- Having considered the problems relating to the Resolves that: 1. At its inception, the Committee shall include rep- 2. Any States that are not party to the 1952 Conven- 3. As soon as this Convention comes into force the 4. A session of the Committee shall take place within 5. The Committee shall elect its Chairman and two (a) The normal duration of the term of office of the (b) The rules governing the procedure whereby the Expresses the wish that the United Nations Educa- In faith whereof the undersigned, having deposited Done at Paris, this twenty-fourth day of July 1971, PROTOCOL 1 ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION The States party hereto, being also party to the Uni- 1. Stateless persons and refugees who have their ha- 2. (a) This Protocol shall be signed and shall be sub- (b) This Protocol shall enter into force in respect of (c) On the entry into force of this Protocol in re- In faith whereof the undersigned, being duly au- Done at Paris this twenty-fourth day of July 1971, in PROTOCOL 2 THE ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION 1. (a) The protection provided for in Article II (1) of (b) Similarly, Article II (2) of the 1971 Convention 2. (a) This Protocol shall be signed and shall be sub- (b) This Protocol shall enter into force for each In faith whereof the undersigned, being duly au- Done at Paris, this twenty-fourth day of July 1971, three texts being equally authoritative, in a single UNIVERSAL COPYRIGHT CONVENTION The Unesco Universal Copyright Convention was The text of the Convention is as follows: The Con- Moved by the desire to assure in all countries copy- Convinced that a system of copyright protection ap- Persuaded that such a universal copyright system Have agreed as follows: ARTICLE I Each Contracting State undertakes to provide for ARTICLE II 1. Published works of nationals of any Contracting 2. Unpublished works of nationals of each Contract- 3. For the purpose of this Convention any Contract- ARTICLE III 1. Any Contracting State which, under its domestic 2. The provisions of paragraph 1 of this article shall 3. The provisions of paragraph 1 of this article shall that a person seeking judicial relief must, in bringing 4. In each Contracting State there shall be legal ARTICLE IV 1. The duration of protection of a work shall be gov- 2. The term of protection for works protected under However, any Contracting State which, on the effec- Any Contracting State which, upon the effective If the legislation of a Contracting State grants two 3. The provisions of paragraph 2 of this article shall 4. No Contracting State shall be obliged to grant For the purposes of the application of the preceding 5. For the purposes of the application of paragraph ing State, first published in a non-Contracting State, shall be treated as though first published in the Contracting State of which the author is a national. 6. For the purposes of the application of paragraph 4 of this article, in case of simultaneous publication in two or more Contracting States, the work shall be treated as though first published in the State which affords the shortest term; any work published in two or more Contracting States within thirty days of its first publication shall be considered as having been published simultaneously in said Contracting States. ARTICLE V 1. Copyright shall include the exclusive right of the author to make, publish, and authorize the making and publication of translations of works protected under this Convention. 2. However, any Contracting State may, by its domestic legislation, restrict the right of translation of writings, but only subject to the following provisions: If, after the expiration of a period of seven years from the date of the first publication of a writing, a translation of such writing has not been published in the national language or languages, as the case may be, of the Contracting State, by the owner of the right of translation or with his authorization, any national of such Contracting State may obtain a non-exclusive license from the competent authority thereof to translate the work and publish the work so translated in any of the national languages in which it has not been published; provided that such national, in accordance with the procedure of the State concerned, establishes either that he has requested, and been denied, authorization by the proprietor of the right to make and publish the translation, or that, after due diligence on his part, he was unable to find the owner of the right. A license may also be granted on the same conditions if all previous editions of a translation in such language are out of print. If the owner of the right of translation cannot be found, then the applicant for a license shall send copies of his application to the publisher whose name appears on the work and, if the nationality of the owner of the right of translation is known, to the diplomatic or consular representative of the State of which such owner is a national, or to the organization which may have been designated by the government of that State. The license shall not be granted before the expiration of a period of two months from the date of the dispatch of the copies of the application. Due provision shall be made by domestic legislation to assure to the owner of the right of translation a compensation which is just and conforms to international standards, to assure payment and transmittal of such compensation, and to assure a correct translation of the work. The original title and the name of the author of the work shall be printed on all copies of the published translation. The license shall be valid only for publication of the translation in the territory of the Contracting State where it has been applied for. Copies so published may be imported and sold in another Contracting State if one of the national languages of such other State is the same language as that into which the work has been so translated, and if the domestic law in such other State makes provision for such licenses and does not prohibit such importation and sale. Where the foregoing conditions do not exist, the importation and sale of such copies in a Contracting State shall be governed by its domestic law and its agreements. The license shall not be transferred by the licensee. The license shall not be granted when the author has withdrawn from circulation all copies of the work. ARTICLE VI "Publication", as used in this Convention, means the reproduction in tangible form and the general distribution to the public of copies of a work from which it can be read or otherwise visually perceived. ARTICLE VII This Convention shall not apply to works or rights in works which, at the effective date of the Convention in a Contracting State where protection is claimed, are permanently in the public domain in the said Contracting State. ARTICLE VIII 1. This Convention, which shall bear the date of September 6, 1952, shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization and shall remain open for signature by all States for a period of 120 days after that date. It shall be subject to ratification or acceptance by the signatory States. 2. Any State which has not signed this Convention may accede thereto. 3. Ratification, acceptance or accession shall be effected by the deposit of an instrument to that effect with the Director-General of the United Nations Educational, Scientific and Cultural Organization. ARTICLE IX 1. This Convention shall come into force three months after the deposit of twelve instruments of ratification, acceptance or accession, among which there shall be those of four States which are not members of the International Union for the Protection of Literary and Artistic Works. 2. Subsequently, this Convention shall come into force in respect of each State three months after that State has deposited its instrument of ratification, acceptance or accession. ARTICLE X 1. Each State party to this Convention undertakes to adopt, in accordance with its Constitution, such measures as are necessary to ensure the application of this Convention. 2. It is understood, however, that at the time an instrument of ratification, acceptance or accession is deposited on behalf of any State, such State must be in a position under its domestic law to give effect to the terms of this Convention. ARTICLE XI 1. An Intergovernmental Committee is hereby established with the following duties: (a) to study the problems concerning the application and operation of this Convention; (b) to make preparation for periodic revisions of this Convention; (c) to study any other problems concerning the international protection of copyright, in co-operation with the various interested international organizations, such as the United Nations Educational, Scientific and Cultural Organization, the International Union for the Protection of Literary and Artistic Works and the Organization of American States; (d) to inform the Contracting States as to its activities. 2. The Committee shall consist of the representatives of twelve Contracting States to be selected with due consideration to fair geographical representation and in conformity with the Resolution relating to this article, annexed to this Convention. The Director-General of the United Nations Educational, Scientific and Cultural Organization, the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works and the Secretary-General of the Organization of American States, or their representatives, may attend meetings of the Committee in an advisory capacity. ARTICLE XII The Intergovernmental Committee shall convene a conference for revision of this Convention whenever it deems necessary, or at the request of at least ten Contracting States, or of a majority of the Contracting States if there are less than twenty Contracting States. ARTICLE XIII Any Contracting State may, at the time of deposit of its instrument of ratification, acceptance or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization that this Convention shall apply to all or any of the countries or territories for the international relations of which it is responsible and this Convention shall thereupon apply to the countries or territories named in such notification after the expiration of the term of three months provided for in article IX. In the absence of such notification, this Convention shall not apply to any such country or territory. ARTICLE XIV 1. Any Contracting State may denounce this Convention in its own name or on behalf of all or any of the countries or territories as to which a notification has been given under article XIII. The denunciation shall be made by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization. 2. Such denunciation shall operate only in respect of the State or of the country or territory on whose behalf it was made and shall not take effect until twelve months after the date of receipt of the notification. ARTICLE XV A dispute between two or more Contracting States concerning the interpretation or application of this Convention, not settled by negotiation, shall, unless the States concerned agree on some other method of settlement, be brought before the International Court of Justice for determination by it. ARTICLE XVI 1. This Convention shall be established in English, French and Spanish. The three texts shall be signed and shall be equally authoritative. 2. Official texts of this Convention shall be established in German, Italian and Portuguese. Any Contracting State or group of Contracting States shall be entitled to have established by the Director-General of the United Nations Educational, Scientific and Cultural Organization other texts in the language of its choice by arrangement with the Director-General. All such texts shall be annexed to the signed texts of this Convention. ARTICLE XVII 1. This Convention shall not in any way affect the provisions of the Berne Convention for the Protection of Literary and Artistic Works or membership in the Union created by that Convention. 2. In application of the foregoing paragraph, a Declaration has been annexed to the present article. This Declaration is an integral part of this Convention for the States bound by the Berne Convention on January 1, 1951, or which have or may become bound to it at a later date. The signature of this Convention by such States shall also constitute signature of the said Declaration, and ratification, acceptance or accession by such States shall include the Declaration as well as the Convention. ARTICLE XVIII This Convention shall not abrogate multilateral or bilateral copyright conventions or arrangements that are or may be in effect exclusively between two or more American Republics. In the event of any differ ence either between the provisions of such existing conventions or arrangements and the provisions of this Convention, or between the provisions of this Convention and those of any new convention or arrangement which may be formulated between two or more American Republics after this Convention comes into force, the convention or arrangement most recently formulated shall prevail between the parties thereto. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date this Convention comes into force in such State shall not be affected. ARTICLE XIX This Convention shall not abrogate multilateral or bilateral conventions or arrangements in effect between two or more Contracting States. In the event of any difference between the provisions of such existing conventions or arrangements and the provisions of this Convention, the provisions of this Convention shall prevail. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date on which this Convention comes into force in such State shall not be affected. Nothing in this article shall affect the provisions of article XVII and XVIII of this Convention. ARTICLE XX Reservations to this Convention shall not be permit ted. ARTICLE XXI The Director-General of the United Nations Educational, Scientific and Cultural Organization shall send duly certified copies of this Convention to the States interested, to the Swiss Federal Council and to the Secretary-General of the United Nations for registration by him. He shall also inform all interested States of the ratifications, acceptances and accessions which have been deposited, the date on which this Convention comes into force, the notifications under Article XIII of this Convention, and denunciations under Article XIV. APPENDIX DECLARATION RELATING TO ARTICLE XVII The States which are members of the International Union for the Protection of Literary and Artistic Works, and which are signatories to the Universal Copyright Convention, Desiring to reinforce their mutual relations on the basis of the said Union and to avoid any conflict which might result from the co-existence of the Convention of Berne and the Universal Convention, Have, by common agreement, accepted the terms of the following declaration: (a) Works which, according to the Berne Convention, have as their country of origin a country which has withdrawn from the International Union created by the said Convention, after January 1, 1951, shall not be protected by the Universal Copyright Convention in the countries of the Berne Union; (b) The Universal Copyright Convention shall not be applicable to the relationships among countries of the Berne Union insofar as it relates to the protection of works having as their country of origin, within the meaning of the Berne Convention, a country of the International Union created by the said Convention. RESOLUTION Concerning ARTICLE XI The Intergovernmental Copyright Conference Having considered the problems relating to the Intergovernmental Committee provided for in Article XI of the Universal Copyright Convention resolves 1. The first members of the Committee shall be representatives of the following twelve States, each of |