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(3) Without prejudice to the rights of the author of the work reproduced or adapted, the cinematographic work shall be protected as an original work.
(4) The preceding provisions apply to the reproduction or production obtained by any other process analogous to cinematography.
(1) In order that the authors of the works protected by the present Convention may be considered as such, until proof to the contrary, and be admitted consequently before the courts of the various countries of the Union to proceed against infringers, it shall suffice that the author's name be indicated upon the work in the usual manner.
(2) For anonymous or pseudonymous works, the publisher whose name is indicated upon the work shall be entitled, to protect the rights of the author He shall, without other proof, be considered the legal representative of the anonymous of pseudonymous author.
ARTICLE 16 (1) All infringing works may be seized by the competent authorities of the countries of the Union where the original work has a right to legal protection.
(2) Seizure may also be made in these countries of reproductions which come from a country where the copyright on the work has terminated, or where the work has not been protected.
(3) The seizure shall take place in conformity with the domestic legislation of each country.
ARTICLE 17 The provisions of the present Convention may not prejudice in any way the right which belongs to the Government of each of the countries of the Union to permit, to supervise, or to forbid, by means of legislation or of domestic police, the circulation, the representation or the exhibition of every work or production in regard to which competent authority may have to exercise this right.
(1) The present Convention shall apply to all works which, at the time it goes into effect, have not fallen into the public domain of their country of origin because of the expiration of the term of protection.
(2) But if a work by reason of the expiration of the term of protection which was previously secured for it has fallen into the public domain of the country where protection is claimed, such work shall not be protected anew.
(3) This principle shall be applied in accordance with the stipulations to that effect contained in the special Conventions either existing or to be concluded between countries of the Union, and in default of such stipulations, its application shall be regulated by each country in its own case.
(4) The preceding provisions shall apply equally in the case of new accessions to the Union and where the protection would be extended by the application of Article 7 or by the abandonment of reservations.
The provisions of the present Convention shall not prevent a claim for the application of more favorable provisions which may be enacted by the legislation of a country of the Union in favor of foreigners in general.
ARTICLE 20 The governments of the countries of the Union reserve the right to make between themselves special treaties, when these treaties would confer upon authors’more extended rights than those accorded by the Union, or when they contain other stipulations not conflicting with the present Convention. The provisions of existing treaties which answer the aforesaid conditions shall remain in force.
ARTICLE 21 (1) The international office instituted under the name of "Bureau of the International Union for the Protection of Literary and Artistic Works” (“Bureau de l'l'nion internationale pour la protection des oeuvres litteraires et artistiques”) shall be maintained.
(2) This Bureau is placed under the high authority of the Government of the Swiss Confederation, which controls its organization and supervises its working.
(3) The official language of the Bureau shall be French.
(1) The International Bureau shall bring together, arrange and publish information of every kind relating to the protection of the rights of authors in their literary and artistic works. It shall study questions of mutual utility interesting to the Union, and edit, with the aid of documents placed at its disposal by the various administrations, a periodical in the French language, treating questions concerning the purpose of the Union. The governments of the countries of the Union reserve the right to authorize the Bureau by common accord to publish an edition in one or more other languages, in case experience demonstrates the need.
(2) The International Bureau must hold itself at all times at the disposal of members of the Union to furnish them, in relation to questions concerning the protection of literary and artistic works, the special information of which they have need.
(3) The Director of the International Bureau shall make an annual report on his administration, which shall be communicated to all the members of the Union
ARTICLE 23 (1) The expenses of the Bureau of the International Union shall be shared in common by the countries of the Union. Until a new decision, they may not exceed one hundred and twenty thousand Swiss francs per year.
This sum may be increased when needful by the unanimous decision of one of the Conferences provided for in Article 24.
(2) To determine the part of this sum total of expenses to be paid by each of the countries, the countries of the Union and those which later adhere to the Union shall be divided into six classes each contributing in proportion to a certain number of units to wit:
Upits 1st class..
25 2nd class.
20 3d class
15 4th class.
10 5th class.
5 6th class.
3 (3) These coefficients are multiplied by the number of countries of each class, and the sum of the products thus obtained furnishes the number of units by which the total expense is to be divided. The quotient gives the amount of the unit of expense.
(4) Each country shall declare, at the time of its accession, in which of the above-mentioned classes it demands to be placed, but it may always ultimately declare that it intends to be placed in another class.
(5) The Swiss Administration shall prepare the budget of the Bureau and superintend its expenditures, make necessary advances and draw up the annual account, which shall be communicated to all the other administrations.
(1) The present Convention may be subjected to revision with a view to the introduction of amendments calculated to perfect the system of the Union.
(2) Questions of this nature, as well as those which from other points of view pertain to the development of the Union, shall be considered in the Conferences which will take place successively in the countries of the Union between the delegates of the said countries. The administration of the country where a Conference is to be held shall, with the cooperation of the International Bureau, prepare the agenda of the same. The Director of the Bureau shall attend the meetings of the Conferences and take part in the discussions without a deliberative voice.
(3) No change in the present Convention shall be valid for the Union except by the unanimous consent of the countries which compose it.
ARTICLE 25 (1) The countries outside of the Union which assure legal protection of the rights which are the object of the present Convention, may accede to it upon their request.
(2) Such accession shall be communicated in writing to the Government of the Swiss Confederation and by the latter to all the others.
(3) The full right of adhesion to all the clauses and admission to all the advantages stipulated in the present Convention shall be implied by such accession and it shall go into effect one month after the sending of the notification by the Government of the Swiss Confederation to the other countries of the Union, unless a later date has been indicated by the adhering country. Nevertheless, such accession may contain an indication that the adhering country intends to substitute, provisionally at least, for Article 8 concerning translations,
the provisions of Article 5 of the Convention of the Union of 1886, revised at Paris in 1896, it being of course understood that these provisions relate only to translations into the language or languages of the country.
ARTICLE 26 (1) Each of the countries of the Union may, at any time, notify in writing the Government of the Swiss Confederation that the present Convention shall be applicable to all or to part of its colonies, protectorates, territories under mandate or all other territories subject to its sovereignty or to its authority, or all territories under suzerainty, and the Convention shall then apply to all the territories designated in the notification. In default of such notification, the Convention shall not apply to such territories.
(2) Each of the countries of the Union may, at any time, notify in writing the Government of the Swiss Confederation that the present Convention shall cease to be applicable to all or to part of the territories which were the object of the notification provided for by the preceding paragraph, and the Convention shall cease to apply in the territories designated in such notification twelve months after receipt of the notification addressed to the Government of the Swiss Confederation.
(3) All the notifications made to the Government of the Swiss Confederation, under the provisions of paragraphs 1 and 2 of this article, shall be communicated by that Government to all the countries of the Union.
ARTICLE 27 (1) The present Convention shall replace in the relations between the countries of the Union the Convention of Berne of September 9, 1886 and the acts by which it has been successively revised. The acts previously in effect shall remain applicable in the relations with the countries which shall not have ratified the present Convention.
(2) The countries in whose name the present Convention is signed may still retain the benefit of the reservations which they have previously formulated on condition that they make such a declaration at the time of the deposit of the ratifications.
(3) Countries which are at present parties to the Union, but inwhose name the present Convention has not been signed, may at any time adhere to it. They may in such case benefit by the provisions of the preceding paragraph.
ARTICLE 28 (1) The present Convention shall be ratified, and the ratifications shall be deposited at Rome not later than July 1, 1931.
(2) It shall go into effect between the countries of the Union which have ratified it one month after that date. However, if, before that date, it has been ratified by at least six countries of the Union it shall go into effect as between those countries of the Union one month after the deposit of the sixth ratification has been notified to them by the Government of the Swiss Confederation and, for the countries of the Union which shall later ratify, one month after the notification of each such ratification.
(3) Countries that are not within the Union may, until August 1, 1931, enter the Union, by means of adhesion, either to the Convention signed at Berlin November 13, 1908, or to the present Convention. After August 1, 1931, they can adhere only to the present Convention.
(1) The present Convention shall remain in effect for an indeterminate time, until the expiration of one year from the day when denunciation of it shall have been made.
(2) This denunciation shall be addressed to the Government of the Swiss Confederation. It shall be effective only as regards the country which shall have made the Convention remaining in force for the other countries of the Union.
(1) The countries which introduce into their legislation the term of protection of fifty years provided for by Article 7, paragraph 1, of the present Convention, shall make it known to the Government of the Swiss Confederation by a written notification which shall be communicated at once by that Government to all the other countries of the Union.
(2) It shall be the same for such countries as shall renounce any reservations made or maintained by them by virtue of Articles 25 and 27.
In faith whereof, the respective Plenipotentiaries have signed the present Convention.
Done at Rome, the second of June, one thousand nine hundred and twentyeight, in a single copy, which shall be deposited in the archives of the Royal Italian Government. One copy, properly certified, shall be sent through diplomatic channels to each of the countries of the Union. For Germany:
For Great Britain and Northern
S. J. Chapman.
W. S. Jarratt.
A. J. Martin.
W. Harrison Moore.
For New Zealand:
For the Irish Free State:
G. Graham Dixon.
For the Hellenic Republic:
Andre de Hory.
E. Piola Caselli.
A. Jannoni Sebastianini.
For The Netherlands:
A. van der Gols. For Poland:
Frédéric Zoll. For Portugal:
Enrique Trindade Coelho. For Run
Theodore Solacolo. For Sweden:
E. Marks von Würtemberg.
For Syria and Great Lebanon:
Beaumarchais. For Czechoslovakia:
Dr. V. Mastny.
Prof. Karel Hermann-Otavsky. For Tunis:
Beaumarchais. A true copy For The Minister of Foreign Affairs of Italy