Chapter XL: Part VIII: Miscellaneous (1)

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{Sidenote: Suppression of books}

77. _Provision against suppression of books._--If the Governor-General is satisfied that the owner of the copyright in any book, or of the performing right in any dramatic work or musical work, or of the lecturing right in any lecture, has refused, after the death of the author, to republish or allow republication of the book, or the public performance of the dramatic or musical work, or the publication as a book of the lecture, and that by reason thereof the book, dramatic work, musical work, or lecture is withheld from the public, he may grant any person applying for it a licence to republish the book, or to perform the dramatic work, or musical work, or to publish the lecture as a book, in such manner and subject to such conditions as to the Governor-General seem fit.

{Sidenote: Award of costs}

78. _Power to award costs._--In any action or proceeding taken in any court under this Act, the court shall have power to award costs at its discretion.

{Sidenote: Regulations}

79. _Regulations._--The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act, or for the conduct of any business relating to the Copyrights Office.

III

INTERNATIONAL COPYRIGHT UNION: CONVENTIONS

9. BERNE CONVENTION, 1886, with Paris amendments, 1896, _in italics_ [omissions bracketed].

ARTICLE I

{Sidenote: Union to protect literary and artistic works}

The contracting States are constituted into an Union for the protection of the rights of authors over their literary and artistic works.

ARTICLE IV

{Sidenote: Definition of "literary and artistic works"}

The expression "literary and artistic works" comprehends books, pamphlets, and all other writings; dramatic or dramatico-musical works, musical compositions with or without words; works of design, painting, sculpture, and engraving; lithographs, illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture, or science in general; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction.

PARIS II, 1

{Sidenote: Works of architecture protected}

(_a._) _In the countries of the Union in which protection is accorded not only to architectural designs, but to the actual works of architecture, those works are admitted to the benefit of the provisions of the Convention of Berne and of the present additional act._

PROTOCOL

{Sidenote: Choreographic works protected}

2. As regards Article IX, it is agreed that those countries of the Union whose legislation implicitly includes choreographic works amongst dramatico-musical works, expressly admit the former works to the benefits of the Convention concluded this day.

It is, however, understood that questions which may arise on the application of this clause shall rest within the competence of the respective tribunals to decide.

ARTICLE VI

{Sidenote: Translations, arrangements, and adaptations protected}

Authorized translations are protected as original works. They consequently enjoy the protection stipulated in Articles II and III as regards their unauthorized reproduction in the countries of the Union.

{Sidenote: New translations by other writers}

It is understood that, in the case 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.

PROTOCOL

{Sidenote: Photographic works protected}

1. As regards Article IV, it is agreed [that those countries of the Union where the character of artistic works is not refused to photographs, engage to admit them to the benefits of the Convention concluded to-day, from the date of its coming into effect. They are, however, not bound to protect the authors of such works further than is permitted by their own legislation, except in the case of international engagements already existing, or which may hereafter be entered into by them.]

PARIS II, 1

(_b._) _Photographic works, and those obtained by similar processes, are admitted to the benefit of the provisions of these acts, in so far as the_ _domestic legislation allows this to be done, and according to the measure of protection which it gives to similar national works._

[PROTOCOL 1, PAR. 2]

{Sidenote: Photograph of work of art protected}

It is understood that an authorized photograph of a protected work of art shall enjoy legal protection in all the countries of the Union, as contemplated by the said Convention _and the additional act_, for the same period as the principal right of reproduction of the work itself subsists, and within the limits of private arrangements between those who have legal rights.

ARTICLE II

{Sidenote: Authors to enjoy in countries of the Union the rights granted to natives}

Authors of any one of the countries of the Union, or their lawful representatives, shall enjoy in the other countries for their works [whether published in one of those countries or unpublished], _either not published or published for the first time in one of those countries_, the rights which the respective laws do now or may hereafter grant to natives.

{Sidenote: No formalities required}

{Sidenote: Conditions and formalities of country of origin}

The enjoyment of these rights is subject to the accomplishment of the conditions and formalities prescribed by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the said country of origin.

[PARIS DECLARATION]

1. _By the terms of paragraph 2 of Article II of the Convention, the protection granted by the aforementioned Act depends solely on the accomplishment in the country of origin of the work of the conditions and formalities that may be prescribed by the legislation of that country. The same rule applies to the protection of the photographic works mentioned in No. 1 (b), of the modified "Protocole de Cloture."_

[ART. II, PAR. 3, 4]

{Sidenote: Definition of country of origin}

The country of origin of the work is that in which the work is first published, or if such publication takes place simultaneously in several countries of the Union, that one of them in which the shortest term of protection is granted by law.

For unpublished works the country to which the author belongs is considered the country of origin of the work.

PARIS DECLARATION

{Sidenote: Published works}

2. _By "published" works must be understood works actually issued to the public in one of the countries of the Union. Consequently, the representation of a dramatic or dramatico-musical work, the performance of a musical work, the exhibition of a work of art, do not constitute publication in the sense of the aforementioned Acts._

ARTICLE III

{Sidenote: Authors not belonging to countries of the Union also protected if they first publish in a Union country}

[The stipulations of the present Convention apply equally to the publishers of literary and artistic works published in one of the countries of the Union, but of which the authors belong to a country which is not a party to the Union.]

_Authors, not subjects of one of the countries of the Union, but who shall have published or caused to be published for the first time, their literary or artistic works in one of those countries, shall enjoy for those works the protection accorded by the Berne Convention, and by the present additional act._

[ART. II, PAR. 2]

The enjoyments of these rights ... cannot exceed in the other countries the term of protection granted in the said country of origin.

[ART. II, ADD. PAR.]

{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous works}

_Posthumous works are included amongst protected works_.

ARTICLE V

{Sidenote: Exclusive right of translation}

Authors of any of the countries of the Union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorizing the translation of their works [until the expiration of ten years from the publication of the original work in one of the countries of the Union] _during the whole duration of the right in the original work. But the exclusive right of translation shall cease to exist when the author shall not have made use of it within a period of ten years from the first publication of the original_ _work, by publishing or causing to be published in one of the countries of the Union, a translation in the language for which protection shall be claimed._

{Sidenote: Works published in incomplete parts}

For works published in incomplete parts ("livraisons") the period of ten years commences from the date of publication of the last part of the original work.

{Sidenote: Works published in several volumes}

For works composed of several volumes published at intervals, as well as for bulletins or collections ("cahiers") published by literary 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 VII

{Sidenote: Serials and other works in newspapers or periodicals protected}

_Serial stories ("romans-feuilletons"), including novels, published in newspapers or periodicals of one of the countries of the Union, cannot be reproduced, in original or in translation, in the other countries, without the authorization of their authors or of their lawful representatives._

{Sidenote: Reproduction of newspaper articles}

[Articles from newspapers or periodicals published in any of the countries of the Union may be reproduced in original or in translation in the other countries of the Union, unless the authors or publishers have expressly forbidden it. For periodicals it is sufficient if the prohibition is made in a general manner at the beginning of each number of the periodical.]

_This applies equally to other 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 the prohibition is made in a general way, at the beginning of each number._

_In the absence of prohibition, reproduction will be permitted on condition of indicating the source._

{Sidenote: News matter not protected}

This prohibition cannot in any case apply to articles of political discussion, [or to the reproduction of news of the day or current topics,] _to the news of the day, or to current topics_.

ARTICLE VIII

{Sidenote: Extracts from literary or artistic works}

As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational or scientific purposes or for chrestomathies, the matter is to be decided by the legislation of the different countries of the Union, or by special arrangements existing or to be concluded between them.

ARTICLE IX

{Sidenote: Representation of dramatic or dramatico-musical works}

The stipulations of Article II apply to the public representation of dramatic or dramatico-musical works whether such works be published or not.

{Sidenote: Representation of translations}

Authors of dramatic or dramatico-musical works, or their lawful representatives, are, during the existence of their exclusive right of translation, equally protected against the unauthorized public representation of translations of their works.

{Sidenote: Notice of prohibition of performance not required}

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

{Sidenote: Adaptations, etc., considered as infringements}

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.

PARIS DECLARATION

3. _The transformation of a novel into a play, or of a play into a novel, comes under the stipulations of Article X._

[ARTICLE X, PAR. 2]

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, take into account limitations of their respective laws.

PROTOCOL

3. It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright, shall not be considered as constituting an infringement of musical copyright.

ARTICLE XI

{Sidenote: Author's name on work as proof of authorship}

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 piracies 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.

{Sidenote: Publisher of anonymous or pseudonymous works considered as representative of author}

For anonymous or pseudonymous works, the publisher whose name is indicated on the work is entitled to protect the rights belonging to the author. He is, without other proof, reputed the lawful representative of the anonymous or pseudonymous author.

It is, nevertheless, agreed that the tribunals may, if necessary, require the production of a certificate from the competent authority to the effect that the formalities prescribed by law in the country of origin have been accomplished, as contemplated in Article II.

ARTICLE XII

{Sidenote: Seizure of pirated copies}

Pirated works may be seized [on importation into] _by the competent authorities of_ those countries of the Union where the original work enjoys legal protection.

{Sidenote: Seizure to be made according to the laws of each country}

The seizure shall take place conformably to the domestic law of each State.

ARTICLE XIII

{Sidenote: Each government to exercise supervision}

It is understood that the provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, 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

{Sidenote: Convention to apply to all works not in public domain}

Under the reserves and conditions to be determined by common agreement, the present Convention applies to all works which at the moment of its coming into force have not fallen into the public domain in the country of origin.

PROTOCOL

{Sidenote: Special conventions and domestic legislation may govern}

4. The common agreement alluded to in Article XIV of the Convention is established as follows:

The application of the Convention _and of the additional act_ to works which have not fallen into the public domain _in the country of origin_ at the time when [it comes] _these acts came_ into force, shall operate according to the stipulations on this head which may be contained in special conventions either existing or to be concluded.

In the absence of such stipulations between any countries of the Union, the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV is to be applied.

{Sidenote: Application to translation}

_The stipulations of Article XIV of the Convention of Berne and of the present number of the "Protocole de Cloture" apply equally to the exclusive right of translation, as granted by the present additional act._

{Sidenote: Provisions to apply to new accessions}

_The above-mentioned temporary provisions are applicable in case of new accessions to the Union._

ARTICLE XV

{Sidenote: More extensive rights may be secured by special treaties}

It is understood that the Governments of the countries of the Union reserve to themselves respectively the right to enter into separate and particular arrangements between each other, provided always that such arrangements confer upon authors or their lawful representatives more extended rights than those granted by the Union, or embody other stipulations not contrary to the present Convention.

ADDITIONAL ARTICLE

{Sidenote: Convention not to affect existing conventions conferring more extended rights}

The Convention concluded this day in no wise affects the maintenance of existing conventions between the contracting States, provided always that such conventions confer on authors, or their lawful representatives, rights more extended than those secured by the Union, or contain other stipulations which are not contrary to the said Convention.

PROTOCOL

{Sidenote: Protocol integral part of Convention}

7. The present Final Protocol, which shall be ratified with the Convention concluded this day, shall be considered as forming an integral part of the said Convention, and shall have the same force, effect, and duration.

ARTICLE XVI

{Sidenote: Bureau of the International Union}

An International Office is established, under the name of "Office of the International Union for the Protection of Literary and Artistic Works."

{Sidenote: Under control of Switzerland}

This Office, of which the expenses will be borne by Administrations of all the countries of the Union, is placed under the high authority of the Superior Administration of the Swiss Confederation, and works under its direction. The functions of this Office are determined by common accord between the countries of the Union.

PROTOCOL

{Sidenote: Organization}

5. The organization of the International Office, established in virtue of Article XVI of the Convention, shall be fixed by a regulation which shall be drawn up by the Government of the Swiss Confederation.

{Sidenote: Language of Office to be French}

The official language of the International Office will be French.

{Sidenote: Duties of International Office}

The International Office will collect all kinds of information relative to the protection of the rights of authors over their literary and artistic works. It will arrange and publish such information. It will study questions of general utility likely to be of interest to the Union, and, by the aid of documents placed at its disposal by the different administrations, will edit a periodical publication in the French language treating questions which concern the Union. The governments of the countries of the Union reserve to themselves the faculty of authorizing, by common accord, the publication by the Office of an edition in one or more other languages, if experience should show this to be requisite.

{Sidenote: Will furnish information as to copyright}

The International Office will always hold itself at the disposal of members of the Union, with the view to furnish them with any special information they may require relative to the protection of literary and artistic works.

{Sidenote: Annual report of Director of International Bureau}

The Director of the International Bureau ... will make an annual report on his administration, which shall be communicated to all the members of the Union.

{Sidenote: Expenses of the International Office to be shared by contracting States}

The expenses of the Office of the International Union shall be shared by the contracting States. Unless a fresh arrangement be made, they cannot exceed a sum of sixty thousand francs a year. This sum may be increased by the decision of one of the Conferences provided for in Article XVII.

{Sidenote: Method of sharing expenses}

The share of the total expense to be paid by each country shall be determined by the division of the contracting and acceding States into six classes, each of which shall contribute in the proportion of a certain number of units, viz.:

First class 25 units
Second class 20 units
Third class 15 units
Fourth class 10 units
Fifth class 5 units
Sixth class 3 units

These coefficients will be multiplied by the number of States of each class, and the total product thus obtained will give the number of units by which the total expense is to be divided. The quotient will give the amount of the unity of expense.

Each State will declare, at the time of its accession, in which of the said classes it desires to be placed.

{Sidenote: Swiss Administration to prepare the budget of the International Office, etc.}

The Swiss Administration will prepare the budget of the Office, superintend its expenditure, make the necessary advances, and draw up the annual account, which shall be communicated to all the other Administrations.

ARTICLE XVII

{Sidenote: Revision of Convention}

The present Convention may be submitted to revisions in order to introduce therein amendments calculated to perfect the system of the Union.

{Sidenote: Future conferences}

Questions of this kind, as well as those which are of interest to the Union in other respects, will be considered in Conferences to be held successively in the countries of the Union by delegates of the said countries.

PROTOCOL

{Sidenote: Country where a conference is to be held to prepare programme}

(5.) The Administration of the country where a Conference is about to be held, will prepare the programme of the Conference with the assistance of the International Office.

{Sidenote: Director of the International Office to participate}

The Director of the International Office will attend the sittings of the Conferences, and will take part in the discussion without a deliberative voice.

[ART. XVII, PAR. 3]

{Sidenote: Alterations of Convention must be by unanimous consent}

It is understood that no alteration in the present Convention shall be binding on the Union except by the unanimous consent of the countries comprising it.

PROTOCOL

{Sidenote: Next Conference to be held at Paris}

6. The next Conference shall be held at Paris between four and six years from the date of the coming into force of the Convention.

The French Government will fix the date within these limits after having consulted the International Office.

ARTICLE XVIII

{Sidenote: Accession of other countries}

Countries which have not become parties to the present Convention, and which grant by their domestic law the protection of rights secured by this Convention, shall be admitted to accede thereto on request to that effect.

Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union.

Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present Convention.

ARTICLE XIX

{Sidenote: Accession for colonies or foreign possessions}

Countries acceding to the present Convention shall also have the right to accede thereto at any time for their colonies of foreign possessions.

They may do this either by a general declaration comprehending all their colonies or possessions within the accession, or by specially naming those comprised therein, or by simply indicating those which are excluded.

ARTICLE XXI

{Sidenote: Convention to be ratified}

The present Convention shall be ratified, and the ratifications exchanged at Berne, within the space of one year at the latest.

PROTOCOL

{Sidenote: Exchange of ratifications}

7. It is agreed that, as regards the exchange of ratifications contemplated in Article XXI, each contracting party shall give a single instrument, which shall be deposited, with those of the other States, in the Government archives of the Swiss Confederation. Each party shall receive in exchange a copy of the _proces-verbal_ of the exchange of ratifications, signed by the plenipotentiaries present.

ARTICLE XX

{Sidenote: Convention to take effect three months after exchange of ratifications}

The present Convention shall be put in force three months after the exchange of the ratifications, and shall remain in effect for an indefinite period until the termination of a year from the day on which it may have been denounced.

{Sidenote: Denunciation of Convention}

[Such denunciation shall be made to the Government authorized to receive accessions, and shall only be effective as regards the country making it, the Convention remaining in full force and effect for the other countries of the Union.]

_This denunciation shall be addressed to the Government of the Swiss Confederation. It shall only take effect in respect of the country which shall have made it, the Convention remaining operative for the other countries of the Union._

PARIS III

{Sidenote: Accession of other countries to Paris Acts}

_The countries of the Union which have not become parties to the present Additional Act and Declaration shall be allowed to accede thereto at any time, on their request to that effect. The same rule shall apply to the countries which may eventually accede either to the Convention of the 9th September,_ 1886, _or to the Convention or to the Additional Act or to the Declaration of the 4th May, 1896. It shall be sufficient for the purpose if a notification is addressed in writing to the Swiss Federal Council, who will, in turn, notify this accession to the other Governments._

PARIS IV

{Sidenote: Paris Acts to be ratified}

_The present Additional Act and Declaration shall have the same force and duration_ _as the Convention of the 9th September, 1886._

_These shall be ratified, and the ratification shall be exchanged at Paris in the form adopted for that Convention, as soon as possible, and within a year at the latest._

_Either shall come into force between the countries who have ratified it three months after this exchange._

10. BERLIN CONVENTION, 1908, with references to parallel articles of Berne-Paris Convention.

ARTICLE 1

{Sidenote: Union to protect literary and artistic works}

The contracting States are constituted into an Union for the protection of the rights of authors over their literary and artistic works.

ARTICLE 2

{Sidenote: Definition of "literary and artistic works"}

The expression "literary and artistic works" includes all productions in the literary, scientific or artistic domain, whatever the mode or form of reproduction, such as: books, pamphlets and other writings; dramatic or dramatico-musical works; choreographic works and pantomimes, the stage directions ("_mise en scene_") of which are fixed in writing or otherwise; musical compositions with or without words; drawings, paintings, works of architecture and sculpture; engravings and lithographs; illustrations; geographical charts; plans, sketches and plastic works relating to geography, topography, architecture, or the sciences.

{Sidenote: Translations, arrangements, and adaptations protected}

Translations, adaptations, arrangements of music and other reproductions transformed from a literary or artistic work, as well as compilations from different works, are protected as original works without prejudice to the rights of the author of the original work.

The contracting countries are pledged to secure protection in the case of the works mentioned above.

{Sidenote: Works of art applied to industry}

Works of art applied to industry are protected so far as the domestic legislation of each country allows.

ARTICLE 3

{Sidenote: Photographic works protected}

The present Convention applies to photographic works and to works obtained by any process analogous to photography. The contracting countries are pledged to guarantee protection to such works.

ARTICLE 4

{Sidenote: Authors to enjoy in countries of the Union the rights granted to natives}

Authors within the jurisdiction of one of the countries of the Union enjoy for their works, whether unpublished or published for the first time in one of the countries of the Union, such rights, in the countries other than the country of origin of the work, as the respective laws now accord or shall hereafter accord to natives, as well as the rights specially accorded by the present Convention.

{Sidenote: No formalities required}

{Sidenote: [Conditions and formalities of country of origin]}

The enjoyment and the exercise of such rights are not subject to any formality; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. Consequently, apart from the stipulations of the present Convention, the extent of the protection, as well as the means of redress guaranteed to the author to safeguard his rights, are regulated exclusively according to the legislation of the country where the protection is claimed.

{Sidenote: Definition of country of origin}

The following is considered as the country of origin of the work: for unpublished works, the country to which the author belongs; for published works, the country of first publication, and for works published simultaneously in several countries of the Union, the country among them whose legislation grants the shortest term of protection. For works published simultaneously in a country outside of the Union and in a country within the Union, it is the latter country which is exclusively considered as the country of origin.

{Sidenote: Published works}

By published works ("_oeuvres publiees_") must be understood, according to the present Convention, works which have been issued ("_oeuvres editees_"). The representation of a dramatic or dramatico-musical work, the performance of a musical work, the exhibition of a work of art and the construction of a work of architecture do not constitute publication.

ARTICLE 5

{Sidenote: Authors of countries of the Union first published in another country}

Authors within the jurisdiction of one of the countries of the Union who publish their works for the first time in another country of the Union, have in this latter country the same rights as national authors.

ARTICLE 6

{Sidenote: Authors not belonging to countries of the Union also protected if they first publish in a Union country}

Authors not within the jurisdiction of any one of the countries of the Union, who publish for the first time their works in one of these countries, enjoy in that country the same rights as national authors, and in the other countries of the Union the rights accorded by the present Convention.

ARTICLE 7

{Sidenote: Term of protection life and 50 years}

The term of protection granted by the present Convention comprises the life of the author and fifty years after his death.

{Sidenote: If not adopted, laws of country to govern term}

In case this term, however, should not be adopted uniformly by all the countries of the Union, the duration of the protection shall be regulated by the law of the country where protection is claimed, and can not exceed the term granted in the country of origin of the work. The contracting countries will consequently be required to apply the provision of the preceding paragraph only to the extent to which it agrees with their domestic law.

{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous works}

For photographic works and works obtained by a process analogous to photography, for posthumous works, or anonymous or pseudonymous works, the term of protection is regulated by the law of the country where protection is claimed, but this term may not exceed the term fixed in the country of origin of the work.

ARTICLE 8

{Sidenote: Exclusive right of translation}

Authors of unpublished works within the jurisdiction of one of the countries of the Union, and authors of works published for the first time in one of these countries enjoy in the other countries of the Union during the whole term of the right in the original work the exclusive right to make or to authorize the translation of their works.

ARTICLE 9

{Sidenote: Serials and other works in newspapers or periodicals protected}

Serial stories (_romans-feuilletons_), novels and all other works, whether literary, scientific or artistic, whatever may be their subject, published in newspapers or periodicals of one of the countries of the Union, may not be reproduced in the other countries without the consent of the authors.

{Sidenote: Reproduction of newspaper articles}

With the exception of serial stories and of novels ("_des romans-feuilletons et des nouvelles_") any newspaper article may be reproduced by another newspaper if reproduction has not been expressly forbidden. The source, however, must be indicated. The confirmation of this obligation shall be determined by the legislation of the country where protection is claimed.

{Sidenote: News matter not protected}

The protection of the present Convention does not apply to news of the day or to miscellaneous news having the character merely of press information.

ARTICLE 10

{Sidenote: Extracts from literary or artistic works}

ARTICLE 11

{Sidenote: Representation of dramatic or dramatico-musical works}

The stipulations of the present Convention apply to the public representation of dramatic or dramatico-musical works and to the public performance of musical works, whether these works are published or not.

{Sidenote: Representation of translations}

Authors of dramatic or dramatico-musical works are protected, during the term of their copyright in the original work, against the unauthorized public representation of a translation of their works.

{Sidenote: Notice of prohibition of performance not required}

In order to enjoy the protection of this article, authors, in publishing their works, are not obliged to prohibit the public representation or public performance of them.

ARTICLE 12

{Sidenote: Adaptations, etc., considered as infringements}

Unauthorized indirect appropriations of a literary or artistic work of various kinds such as adaptations, arrangements of music, transformations of a romance or novel or of a poem into a theatrical piece and vice versa, etc., are specially included amongst the illicit reproductions to which the present Convention applies, when they are only the reproduction of such 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.

ARTICLE 13

{Sidenote: Adaptation of musical works to mechanical instruments}

Authors of musical works have the exclusive right to authorize: (1) the adaptation of these works to instruments serving to reproduce them mechanically; (2) the public performance of the same works by means of these instruments.

{Sidenote: Each country to regulate for itself the manner in which Convention shall apply}

The limitations and conditions relative to the application of this article shall be determined by the domestic legislation of each country in its own case; but all limitations and conditions of this nature shall have an effect strictly limited to the country which shall have adopted them.

{Sidenote: Provision not retroactive}

The provisions of paragraph 1 have no retroactive effect, and therefore are not applicable in a country of the Union to works which, in that country, shall have been lawfully adapted to mechanical instruments before the going into force of the present Convention.

{Sidenote: Importation of mechanical musical appliances}

The adaptations made by virtue of paragraphs 2 and 3 of this article and imported without the authorization of the parties interested into a country where they are not lawful, may be seized there.

ARTICLE 14

{Sidenote: Right of reproduction by cinematograph protected}

Authors of literary, scientific or artistic works have the exclusive right to authorize the reproduction and the public representation of their works by means of the cinematograph.

{Sidenote: Cinematographic productions protected}

Cinematographic productions are protected as literary or artistic works when by the arrangement of the stage effects or by the combination of incidents represented, the author shall have given to the work a personal and original character.

Without prejudice to the rights of the author in the original work, the reproduction by the cinematograph of a literary, scientific or artistic work is protected as an original work.

{Sidenote: Also any analogous production}

The preceding provisions apply to the reproduction or production obtained by any other process analogous to that of the cinematograph.

ARTICLE 15

{Sidenote: Author's name on work as proof of authorship}

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.

{Sidenote: Publsiher of anonymous or pseudonymous works considered as representative of author}

ARTICLE 16

{Sidenote: Seizure of pirated copies}

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.

Seizure may also be made in these countries of reproductions which come from a country where the copyright in the work has terminated, or where the work has not been protected.

{Sidenote: Seizure to be made according to the laws of each country}

The seizure shall take place conformably to the domestic law of each State.

ARTICLE 17

{Sidenote: Each government to exercise supervision}

The provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibition of any works or productions in regard to which the competent authority may find it necessary to exercise that right.

ARTICLE 18

{Sidenote: Convention to apply to all works not in public domain}

The present Convention applies to all works which, at the moment of its coming into force, have not fallen into the public domain of their country of origin because of the expiration of the term of protection.

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 will not be protected anew.

{Sidenote: Special conventions and domestic legislation may govern}

This principle will 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 will be regulated by each country in its own case.

{Sidenote: Provisions to apply to new accessions}

The preceding provisions apply equally in the case of new accessions to the Union and where the term of protection would be extended by the application of Article 7.

ARTICLE 19

{Sidenote: More extensive rights may be granted by domestic legislation}

The provisions of the present Convention do 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

{Sidenote: More extensive rights may be secured by special treaties}

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 remain in force.

ARTICLE 21

{Sidenote: Bureau of the International Union}

The International Office instituted under the name of "Bureau of the International Union for the Protection of Literary and Artistic Works" (_Bureau de l'Union Internationale pour la protection des oeuvres litteraires et artistiques_) is maintained.

{Sidenote: Under control of Switzerland}

This Bureau is placed under the high authority of the Government of the Swiss Confederation, which controls its organization and supervises its working.

{Sidenote: Language of Office to be French}

The official language of the International Office is French.

ARTICLE 22

[Duties of International Office]

The International Office collects all kinds of information relative to the protection of the rights of authors over their literary and artistic works. It arranges and publishes such information. It studies questions of general utility likely to be of interest to the Union, and, by the aid of documents placed at its disposal by the different administrations, edits a periodical publication in the French language treating questions which concern the Union. The governments of the countries of the Union reserve to themselves the faculty of authorizing, by common accord, the publication by the Office of an edition in one or more other languages, if experience should show this to be requisite.

{Sidenote: Will furnish information as to copyright}

The International Office must always hold itself at the disposal of members of the Union, with the view to furnish them with any special information they may require relative to the protection of literary and artistic works.

{Sidenote: Annual report of Director of International Bureau}

The Director of the International Bureau makes an annual report on his administration, which is communicated to all the members of the Union.

ARTICLE 23

{Sidenote: Expenses of the International Office to be shared by contracting States}

The expenses of the Office of the International Union are shared by the contracting States. Unless a fresh arrangement be made, they cannot exceed a sum of sixty thousand francs a year. This sum may be increased by the decision of one of the Conferences provided for in Article 24.

{Sidenote: Method of sharing expenses}

The share of the total expense to be paid by each country is determined by the division of the contracting and acceding States into six classes, each of which contributes in the proportion of a certain number of units, viz.:

First class 25 units
Second class 20 units
Third class 15 units
Fourth class 10 units
Fifth class 5 units
Sixth class 3 units

These coefficients are multiplied by the number of States of each class, and the total product thus obtained gives the number of units by which the total expense is to be divided. The quotient gives the amount of the unity of expense.

Each State will declare, at the time of its accession, in which of the said classes it desires to be placed.

{Sidenote: Swiss Administration to prepare the budget of the International Office, etc.}

The Swiss Administration prepares the budget of the Office, superintends its expenditure, makes the necessary advances, and draws up the annual account, which shall be communicated to all the other Administrations.

ARTICLE 24

{Sidenote: Revision of Convention}

The present Convention may be subjected to revision in order to introduce therein amendments calculated to perfect the system of the Union.

{Sidenote: Future conferences}

{Sidenote: Country where a conference is to be held to prepare programme}

{Sidenote: Director of the International Office to participate}

Questions of this kind, as well as those which are of interest to the Union in other respects, are considered in Conferences to be held successively in the countries of the Union by delegates of the said countries. The Administration of the country where a Conference is about to be held, prepares the programme of the same with the assistance of the International Office. The Director of the International Office attends the sittings of the Conferences, and takes part in the discussion without a deliberative voice.

{Sidenote: Alterations of Convention must be by unanimous consent}

No alteration in the present Convention is binding on the Union except by the unanimous consent of the countries comprising it.

ARTICLE 25

{Sidenote: Accession of other countries}

The States 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.

Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union.

{Sidenote: May substitute provisions of previous conventions}

Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present Convention. It may, however, indicate such provisions of the Convention of September 9, 1886, or of the Additional Act of May 4, 1896, as it may be judged necessary to substitute provisionally, at least, for the corresponding provisions of the present Convention.

ARTICLE 26

{Sidenote: Accession for colonies or foreign possessions}

The contracting countries have the right to accede at any time to the present Convention for their colonies or foreign possessions.

This declaration shall be made known in writing to the Government of the Swiss Confederation, and by the latter to all the others.

ARTICLE 27

{Sidenote: Present Convention to replace Berne Convention and Paris Acts}

{Sidenote: But Berne Convention remains in force between countries not signatory to present Convention}

The present Convention shall replace, in the relations between the contracting States, the Convention of Berne of September 9, 1886, including the Additional Article and the Final Protocol of the same day, as well as the Additional Act, and the Interpretative Declaration of May 4, 1896. The conventional acts above-mentioned shall remain in force in the relations with the States which do not ratify the present Convention.

{Sidenote: Signatory States may declare themselves bound by former Conventions upon certain points}

The States signatory to the present Convention may, at the time of the exchange of ratifications, declare that they intend, upon such or such point, still to remain bound by the provisions of the Conventions to which they have previously subscribed.

ARTICLE 28

{Sidenote: Convention to be ratified}

The present Convention shall be ratified, and the ratifications exchanged at Berlin, not later than the first of July, 1910.

{Sidenote: Exchange of ratifications}

Each contracting party shall send, for the exchange of ratifications, a single instrument, which shall be deposited, with those of the other countries, in the archives of the Government of the Swiss Confederation. Each party shall receive in return a copy of the _proces-verbal_ of the exchange of ratifications, signed by the Plenipotentiaries who shall have taken part therein.

ARTICLE 29

{Sidenote: Convention to take effect three months after exchange of ratifications}

{Sidenote: Denunciation of Convention}

This denunciation shall be addressed to the Government of the Swiss Confederation. It shall only take effect in respect of the country which shall have made it, the Convention remaining operative for the other countries of the Union.

ARTICLE 30

{Sidenote: Adoption of term of life and 50 years to be notified}

The States which introduce into their legislation the term of protection of fifty years,[4] 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.

{Sidenote: Notice shall be given of renouncement of any reservations}

It shall be the same for such States as shall renounce any reservations made by them in virtue of Articles 25, 26, and 27.

{Sidenote: Signature}

In testimony of which, the respective Plenipotentiaries have signed the present Convention and have attached thereto their seals.

{Sidenote: Date of signing, November 13, 1908}

Done at Berlin, the thirteenth of November, one thousand nine hundred eight, in a single copy, which shall be deposited in the archives of the Government of the Swiss Confederation, and of which copies, properly certified, shall be sent through diplomatic channels to the contracting countries.

Footnote 4: Article 7 provides for a general term of
protection for life and fifty years.

PAN AMERICAN UNION: CONVENTIONS

II. MONTEVIDEO CONVENTION, 1889

TREATY ON LITERARY AND ARTISTIC COPYRIGHT ADOPTED JANUARY 11, 1889

ARTICLE 1

{Sidenote: Union to protect literary and artistic property}

The contracting States promise to recognize and protect the rights of literary and artistic property, according to the provisions of the present treaty.

ARTICLE 2

{Sidenote: Authors shall enjoy rights secured in country of origin}

The author of any literary or artistic work, and his successors, shall enjoy in the contracting States the rights accorded him by the law of the State in which its original publication or production took place.

ARTICLE 3

{Sidenote: Definition of copyright}

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

ARTICLE 4

{Sidenote: Term not to exceed that of country of origin}

No State shall be obliged to recognize the right to literary or artistic property for a longer period than that allowed to authors who obtain the same right in that State. This period may be limited to that prescribed in the country where it originates, if such period be the shorter.

ARTICLE 5

{Sidenote: Definition of "literary and artistic work"}

By the expression literary or artistic works is understood all books, pamphlets, or other writings, dramatic or dramatico-musical works, chorographies, musical compositions with or without words, drawings, paintings, sculptures, engravings, photographs, lithographs, geographical maps, 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

{Sidenote: Translation rights}

The translators of works of which a copyright either 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

{Sidenote: Newspaper articles}

Newspaper articles may be reproduced upon quoting the publication from which they are taken. From this provision articles relating to the sciences or arts, and the reproduction of which shall have been prohibited by the authors are excepted.

ARTICLE 8

{Sidenote: 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

{Sidenote: Infringements defined}

Under the head of illicit reproductions shall be classed all indirect, unauthorized appropriations of a literary or artistic 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 10

{Sidenote: Authority recognized}

The rights of authorship shall be allowed, in the absence 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 11

{Sidenote: Each government to exercise supervision}

Those who usurp the right of literary or artistic property shall be brought before the courts and tried according to the laws of the country in which the fraud may have been committed.

ARTICLE 12

{Sidenote: Immoral works}

The recognition of the right of ownership of literary and artistic works shall not prevent the contracting States 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

{Sidenote: Ratification}

The simultaneous ratification of all the contracting nations 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

{Sidenote: Indefinite period}

The exchange having been made in the manner prescribed in the foregoing article, this treaty shall remain in force for an indefinite period after that act.

ARTICLE 15

{Sidenote: Withdrawals}

If any of the contracting nations should deem it advisable to be released from this treaty, or introduce modifications 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

{Sidenote: Adherences}

The provisions of Article 13 are extended to all nations who, although not represented in this Congress, may desire to adopt the present treaty.

{Sidenote: 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 Bolivia, 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 PROPERTY,
SIGNED AT MEXICO, JANUARY 27, 1902

ARTICLE 1

{Sidenote: Union to protect literary and artistic property}

The signatory States constitute themselves into a Union for the purpose of recognizing and protecting the rights of literary and artistic property, in conformity with the stipulations of the present Convention.

ARTICLE 2

{Sidenote: Definition of "literary and artistic works"}

Under the term "literary and artistic works" are comprised books, manuscripts, pamphlets of all kinds, no matter what subject they may treat of and what may be the 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

{Sidenote: Definition of copyright}

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

{Sidenote: Exclusive right of translation}

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

ARTICLE 4

{Sidenote: Application for copyright and deposit of two copies}

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