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| committer | Robert Tonsing <pterodactyl@fastmail.com> | 2026-08-23 18:10:23 -0500 |
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@@ -0,0 +1,1447 @@ +The Project Gutenberg EBook of The Universal Copyright Convention (1988), by +Coalition for Networked Information + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Universal Copyright Convention (1988) + +Author: Coalition for Networked Information + +Release Date: April 3, 2008 [EBook #253] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK UNIVERSAL COPYRIGHT CONVENTION *** + + + + + + + + + + + + + +Source: International Copyright Conventions Circular 38c, Copyright +Office, Washington, DC, pages 23-35. + +Notes: Universal Copyright Convention as Revised at Paris, 1971. +Convention and protocols done at Paris July 24, 1971; Ratification +advised by the Senate of the United States of America August 14, 1972; +Ratified by the President of the United States of America August 28, +1972; Ratification of the United States of America deposited with the +Director-General of the United Nations Educational, Scientific and +Cultural Organization September 18, 1972; Proclaimed by the President +of the United States of America July 18, 1974; Entered into force July +10, 1974. + + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA + +A PROCLAMATION + +CONSIDERING THAT: + +The Universal Copyright Convention as revised at Paris on July 24, +1971, together with two related protocols, the text of which, as +certified by the Director, Office of International Standards and Legal +Affairs, United Nations Educational, Scientific and Cultural +Organization, in the French, English and Spanish languages, is hereto +annexed; + +The Senate of the United States of America by its resolution of August +14, 1972, two-thirds of the Senators present concurring therein, gave +its advice and consent to ratification of the Convention as revised, +together with the two related protocols; + +The President of the United States of America ratified the Convention +as revised, together with the two related protocols on August 28, 1972, +in pursuance of the advice and consent of the Senate; + +The instrument of ratification by the United States of America was +deposited with the Director-General of the United Nations Educational, +Scientific and Cultural Organization on September 18, 1972, in +accordance with paragraph 3 of Article VIII of the Convention as +revised; + +It is provided in paragraph 1 of Article IX of the Convention as +revised that it shall come into force three months after the deposit of +twelve instruments of ratification, acceptance or accession; + +It is provided in paragraph 2(b) of each of the protocols that it shall +enter into force in respect of each State on the date of deposit of the +instrument of ratification, acceptance or accession of the State +concerned or on the date of entry into force of the 1971 Convention +with respect to such State, whichever is the later; and + +Pursuant to the provisions of paragraph 1 of Article IX of the +Convention as revised and paragraph 2(b) of each of the two related +protocols, the Convention as revised, together with the two related +protocols, entered into force on July 10, 1974. + +NOW, THEREFORE, be it known that I, Richard Nixon, President of the +United States of America, proclaim and make public the Convention as +revised, together with the two related protocols, to the end that they +shall be observed and fulfilled with good faith by the United States of +America and by the citizens of the United States of America and all +other persons subject to the jurisdiction thereof. + +IN TESTIMONY WHEREOF, I have signed this proclamation and caused the +Seal of the United States of America to be affixed. + +DONE at the city of Washington this eighteenth day of July in the year +of our Lord one thousand nine hundred seventy-four and of the +independence of [SEAL] the United States of America the one hundred +ninety-ninth. + +Richard Nixon + + +By the President: HENRY A. KISSINGER, Secretary of State + +The Contracting States. + +Moved by the desire to ensure in all countries copyright protection of +literary, scientific and artistic works, + +Convinced that a system of copyright protection appropriate to all +nations of the world and expressed in a universal convention, +additional to, and without impairing international systems already in +force, will ensure respect for the rights of the individual and +encourage the development of literature, the sciences and the arts, + +Persuaded that such a universal copyright system will facilitate a +wider dissemination of works of the human mind and increase +international understanding, + +Have resolved to revise the Universal Copyright Convention as signed at +Geneva on 6 September 1952 (hereinafter called "the 1952 Convention"), +and consequently, + +Have agreed as follows: + +ARTICLE I + +Each Contracting State undertakes to provide for the adequate and +effective protection of the rights of authors and other copyright +proprietors in literary, scientific and artistic works, including +writings, musical, dramatic and cinematographic works, and paintings, +engravings and sculpture. + +ARTICLE II + +1. Published works of nationals of any Contracting State and works +first published in that State shall enjoy in each other Contracting +State the same protection as that other State accords to works of its +nationals first published in its own territory, as well as the +protection specially granted by this Convention. + +2. Unpublished works of nationals of each Contracting State shall enjoy +in each other Contracting State the same protection as that other State +accords to unpublished works of its own nationals, as well as the +protection specially granted by this Convention. + +3. For the purposed of this Convention any Contracting State may, by +domestic legislation, assimilate to its own nationals any person +domiciled in that State. + +ARTICLE III + +1. Any Contracting State which, under its domestic law, requires as a +condition of copyright, compliance with formalities such as deposit, +registration, notice notarial certificates, payment of fees or +manufacture or publication in that Contracting State, shall regard +these requirements as satisfied with respect to all works protected in +accordance with this Convention and first published outside its +territory and the author of which is not one of its nationals, if from +the time of the first publication all the copies of the work published +with the authority of the author or other copyright proprietor bear the +symbol of a lower case "c" inside of a circle accompanied by the name +of the copyright proprietor and the year of first publication placed in +such manner and location as to give reasonable notice of claim of +copyright. + +2. The provisions of paragraph 1 shall not preclude any Contracting +State from requiring formalities or other conditions for the +acquisition and enjoyment of copyright in respect of works first +published in its territory or works of its nationals wherever published. + +3. The provisions of paragraph 1 shall not preclude any Contracting +State from providing that a person seeking judicial relief must, in +bringing the action, comply with procedural requirements, such as that +the complainant must appear through domestic counsel or that the +complainant must deposit with the court or an administrative office, or +both, a copy of the work involved in the litigation; provided that +failure to comply with such requirements shall not affect the validity +of the copyright, nor shall any such requirement be imposed upon a +national of another Contracting State if such requirement is not +imposed on nationals of the State in which protection is claimed. + +4. In each Contracting State there shall be legal means of protecting +without formalities the unpublished work of nationals of other +Contracting States. + +5. If a Contracting State grants protection for more than one term of +copyright and the first term is for a period longer than one of the +minimum periods prescribed in Article IV, such State shall not be +required to comply with the provisions of paragraph 1 of this Article +in respect of the second or any subsequent term of copyright. + +ARTICLE IV + +1. The duration of protection of a work shall be governed, in +accordance with the provisions of Article II and this Article, by the +law of the Contracting State in which protection is claimed. + +2. (a) The term of protection for works protected under this Convention +shall not be less that the life of the author and twenty-five years +after his death. However, any Contracting State which, on the +effective date of this Convention in that State, has limited this term +for certain classes of works to a period computed from this first +publication of the work, shall be entitled to maintain these exceptions +and to extend them to other classes of works. For all these classes +the term of protection shall not be less than twenty-five years from +the date of first publication. + +(b) Any Contracting State which, upon the effective date of this +Convention in that State, does not compute the term of protection upon +the basis of the life of the author, shall be entitled to compute the +term of protection from the date of the first publication of the work +or from its registration prior to publication, as the case may be, +provided the term of protection shall not be less than twenty-five +years from the date of first publication or from its registration prior +to publication, as the case may be. + +(c) If the legislation of a Contracting State grants two or more +successive terms of protection, the duration of the first term shall +not be less than one of the minimum periods specified in subparagraphs +(a) and (b). + +3. The provisions of paragraph 2 shall not apply to photographic works +or to works of applied art; provided, however, that the term of +protection in those Contracting States which protect photographic +works, or works of applied art in so far as they are protected as +artistic works, shall not be less than ten years for each of said +classes of works. + +4. (a) No Contracting State shall be obliged to grant protection to a +work for a period longer than that fixed for the class of works to +which the work in question belongs, in the case of unpublished works by +the law of the Contracting State of which the author is a national, and +in the case of published works by the law of the Contracting State in +which the work has been first published. + +(b) For the purposes of the application of subparagraph (a), if the law +of any Contracting State grants two or more successive terms of +protection, the period of protection of that State shall be considered +to be the aggregate of those terms. However, if a specified work is +not protected by such State during the second or any subsequent term +for any reason, the other Contracting States shall not be obliged to +protect it during the second or any subsequent term. + +5. For the purposes of the application of paragraph 4, the work of a +national of a Contracting 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, 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 IVbis + +1. The rights referred to in Article I shall include the basic rights +ensuring the author's economic interests, including the exclusive right +to authorize reproduction by any means, public performance and +broadcasting. The provisions of this Article shall extend to works +protected under this Convention either in their original form or in any +form recognizably derived from the original. + +2. However, any Contracting State may, by its domestic legislation, +make exceptions that do not conflict with the spirit and provisions of +this Convention, to the rights mentioned in paragraph 1 of this +Article. Any State whose legislation so provides, shall nevertheless +accord a reasonable degree of effective protection to each of the +rights to which exception has been made. + +ARTICLE V + +1. The rights referred to in Article I 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: + +(a) 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 a language in general use in 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 licence from the competent authority thereof to translate +the work into that language and publish the work so translated. + +(b) Such national shall in accordance with the procedure of the State +concerned, establish 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 licence may also be granted on the same +conditions if all previous editions of a translation in a language in +general use in the Contracting State are out of print. + +(c) If the owner of the right of translation cannot be found, then the +applicant for a licence 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 licence 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. + +(d) Due provision shall be made by domestic legislation to ensure to +the owner of the right of translation a compensation which is just and +conforms to international standards, to ensure payment and transmittal +of such compensation, and to ensure a correct translation of the work. + +(e) The original title and the name of the author of the work shall be +printed on all copies of the published translation. The licence 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 a +language in general use in 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 +licence shall not be transferred by the licensee. + +(f) The licence shall not be granted when the author has withdrawn from +circulation all copies of the work. + +ARTICLE Vbis + +1. Any Contracting State regarded as a developing country in conformity +with the established practice of the General Assembly of the United +Nations may, by a notification deposited with the Director-General of +the United Nations Educational, Scientific and Cultural Organization +(hereinafter called "the Director-General") at the time of its +ratification, acceptance or accession or thereafter, avail itself of +any or all of the exceptions provided for in Articles Vter and Vquater. + +2. Any such notification shall be effective for ten years from the date +of coming into force of this Convention, or for such part of that +ten-year period as remains at the date of deposit of the notification, +and may be renewed in whole or in part for further periods of ten years +each if, not more than fifteen or less than three months before the +expiration of the relevant ten-year period, the contracting State +deposits a further notification with the Director-General. Initial +notifications may also be made during these further periods of ten +years in accordance with the provisions of this Article. + +3. Notwithstanding the provisions of paragraph 2, a Contracting State +that has ceased to be regarded as a developing country as referred to +in paragraph 1 shall no longer be entitled to renew its notification +made under the provisions of paragraph 1 or 2, and whether or not it +formally withdraws the notification such State shall be precluded from +availing itself of the exceptions provided for in Articles Vter and +Vquater at the end of the current ten-year period, or at the end of +three years after it has ceased to be regarded as a developing country, +whichever period expires later. + +4. Any copies of a work already made under the exceptions provided for +in Articles Vter and Vquater may continue to be distributed after the +expiration of the period for which notifications under this Article +were effective until their stock is exhausted. + +5. Any Contracting State that has deposited a notification in +accordance with Article XIII with respect to the application of this +Convention to a particular country or territory, the situation of which +can be regarded as analogous to that of the States referred to in +paragraph 1 of this Article, may also deposit notifications and renew +them in accordance with the provisions of this Article with respect to +any such country or territory. During the effective period of such +notifications, the provisions of Articles Vter and Vquater may be +applied with respect to such country or territory. The sending of +copies from the country or territory to the Contracting State shall be +considered as export within the meaning of Articles Vter and Vquater. + + +ARTICLE Vter + +1. (a) Any Contracting State to which Article Vbis (1) applies may +substitute for the period of seven years provided for in Article V(2) a +period of three years or any longer period prescribed by its +legislation. However, in the case of a translation into a language not +in general use in one or more developed countries that are party to +this Convention or only the 1952 Convention, the period shall be one +year instead of three. + +(b) A Contracting State to which Article Vbis (1) applies may, with the +unanimous agreement of the developed countries party to this Convention +or only the 1952 Convention and in which the same language is in +general use, substitute, in the case of translation into that language, +for the period of three years provided for in sub-paragraph (a) another +period as determined be such agreement but not shorter than one year. +However, this sub-paragraph shall not apply where the language in +question is English, French or Spanish. Notification of any such +agreement shall be made to the Director-General. + +(c) The licence may only be granted if the applicant, in accordance +with the procedure of the State concerned, establishes either that he +has requested, and been denied, authorization by the owner of the right +of translation, or that, after due diligence on his part, he was unable +to find the owner of the right. At the same time as he makes his +request he shall inform either the International Copyright Information +Centre established by the United Nations Educational, Scientific and +Cultural Organization or any national or regional information centre +which may have been designated in a notification to that effect +deposited with the Director-General by the government of the State in +which the publisher is believed to have his principal place of business. + +(d) If the owner of the right of translation cannot be found, the +applicant for a licence shall send, by registered airmail, copies of +his application to the publisher whose name appears on the work and to +any national or regional information centre as mentioned in +sub-paragraph (c). If no such centre is notified he shall also send a +copy to the international copyright information centre established by +the United Nations Educational, Scientific and Cultural Organization. + +2. (a) Licenses obtainable after three years shall not be granted under +this Article until a further period of six months has elapsed and +licenses obtainable after one year until a further period of nine +months has elapsed. The further period shall begin either from the +date of the request for permission to translate mentioned in paragraph +1 (c) or, if the identity or address of the owner of the right of +translation is not known, from the date of dispatch of the copies of +the application for a licence mentioned in paragraph 1(d). + +(b) Licenses shall not be granted if a translation has been published +by the owner of the right of translation or with his authorization +during the said period of six or nine months. + +3. Any licence under this Article shall be granted only for the purpose +of teaching, scholarship or research. + +4. (a) Any licence granted under this Article shall not extend to the +export of copies and shall be valid only for publication in the +territory of the Contracting State where it has been applied for. + +(b) Any copy published in accordance with a licence granted under this +Article shall bear a notice in the appropriate language stating that +the copy is available for distribution only in the Contracting State +Granting the licence. If the writing bears the notice specified in +Article III (1) the copies shall bear the same notice. + +(c) The prohibition of export provided for in sub-paragraph (a) shall +not apply where a governmental or other public entity of a State which +has granted a licence under this Article to translate a work into a +language other than English, French or Spanish sends copies of a +translation prepared under such licence to another country if: + +(i) the recipients are individuals who are nationals of the Contracting +State granting the licence, or organizations grouping such individuals; + +(ii) the copies are to be used only for the purpose of teaching, +scholarship or research; + +(iii) the sending of the copies and their subsequent distribution to +recipients is without the object of commercial purpose; and + +(iv) the country to which the copies have been sent has agreed with the +Contracting State to allow the receipt, distribution or both and the +Director-General has been notified of such agreement by any one of the +governments which have concluded it. + +5. Due provision shall be made at the national level to ensure: + +(a) that the licence provides for just compensation that is consistent +with standards of royalties normally operating in the case of licenses +freely negotiated between persons in the two countries concerned; and + +(b) payment and transmittal of the compensation; however, should +national currency regulations intervene, the competent authority shall +make all efforts, by the use of international machinery, to ensure +transmittal in internationally convertible currency or its equivalent. + +6. Any licence granted by a Contracting State under this Article shall +terminate if a translation of the work in the same language with +substantially the same content as the edition in respect of which the +licence was granted is published in the said State by the owner of the +right of translation or with his authorization, at a price reasonably +related to that normally charged in the same State for comparable +works. Any copies already made before the licence is terminated may +continue to be distributed until their stock is exhausted. + +7. For works which are composed mainly of illustrations a licence to +translate the text and to reproduce the illustrations may be granted +only if the conditions of Article Vquater are also fulfilled. + +8. (a) A licence to translate a work protected under this Convention, +published in printed or analogous forms of reproduction, may also be +granted to a broadcasting organization having its headquarters in a +Contracting State to which Article Vbis (1) applies, upon an +application made in that State by the said organization under the +following conditions: + +(i) the translation is made from a copy made and acquired in accordance +with the laws of the Contracting State; + +(ii) the translation is for use only in broadcasts intended exclusively +for teaching or for the dissemination of the results of specialized +technical or scientific research to experts in a particular profession; + +(iii) the translation is used exclusively for the purposes set out in +condition (ii), through broadcasts lawfully made which are intended for +recipients on the territory of the Contracting State, including +broadcasts made through the medium of sound or visual recordings +lawfully and exclusively made for the purpose of such broadcasts; + +(iv) sound or visual recordings of the translation may be exchanged +only between broadcasting organizations having their headquarters in +the Contracting State granting the licence; and + +(v) all uses made of the translation are without any commercial +purpose. + +(b) Provided all of the criteria and conditions set out in subparagraph +(a) are met, a licence may also be granted to a broadcasting +organization to translate any text incorporated in an audio-visual +fixation which was itself prepared and published for the sole purpose +of being used in connexion with systematic instructional activities. + +(c) Subject to sub-paragraphs (a) and (b), the other provisions of this +Article shall apply to the grant and exercise of the licence. + +9. Subject to the provisions of this Article, any licence granted under +this Article shall be governed by the provisions of Article V, and +shall continue to be governed by the provisions of Article V and of +this Article, even after the seven-year period provided for in Article +V (2) has expired. However, after the said period has expired, the +licensee shall be free to request that the said licence be replaced by +a new licence governed exclusively by the provisions of Article V. + +ARTICLE Vquater + +1. Any Contracting State to which Article Vbis (1) applies may adopt +the following provisions: + +(a) If, after the expiration of (i) the relevant period specified in +sub-paragraph (c) commencing from the date of first publication of a +particular edition of a literary, scientific or artistic work referred +to in paragraph 3, or (ii) any longer period determined by national +legislation of the State, copies of such edition have not been +distributed in that State to the general public or in connexion with +systematic instructional activities at a price reasonably related to +that normally charged in the State for comparable works, by the owner +of the right of reproduction or with his authorization, any national of +such State may obtain a non-exclusive licence from the competent +authority to publish such edition at that or a lower price for use in +connexion with systematic instructional activities. The licence may +only be granted if such national, in accordance with the procedure of +the State concerned, established either that he has requested, and been +denied, authorization by the proprietor of the right to publish such +work, or that, after due diligence on his part, he was unable to find +the owner of the right. At the same time as he makes his request he +shall inform either the international copyright information centre +established by the United Nations Educational, Scientific and Cultural +Organization or any national or regional information centre referred to +in sub-paragraph (d). + +(b) A licence may also be granted on the same conditions if, for a +period of six months, no authorized copies of the edition in question +have been on sale in the State concerned to the general public or in +connexion with systematic instructional activities at a price +reasonably related to that normally charged in the State for comparable +works. + +(c) The period referred to in sub-paragraph (a) shall be five years +except that: + +(i) for works of the natural and physical sciences, including +mathematics, and of technology, the period shall be three years; + +(ii) for works of fiction, poetry, drama and music, and for art books, +the period shall be seven years. + +(d) If the owner of the right of reproduction cannot be found, the +applicant for a licence shall send, by registered air mail, copies of +his application to the publisher whose name appears on the work and to +any national or regional information centre identified as such in a +notification deposited with the Director-General by the State in which +the publisher is believed to have his principal place of business. In +the absence of any such notification, he shall also send a copy to the +international copyright information centre established by the United +Nations Education, Scientific and Cultural Organization. The licence +shall not be granted before the expiration of a period of three months +from the date of dispatch of the copies of the application. + +(e) Licenses obtainable after three years shall not be granted under +this Article: + +(i) until a period of six months has elapsed from the date of the +request for permission referred to in sub-paragraph (a) or, if the +identity or address of the owner of the right of reproduction is +unknown, from the date of the dispatch of the copies of the application +for a licence referred to in sub-paragraph (d); + +(ii) if any such distribution of copies of the edition as is mentioned +in sub-paragraph (a) has taken place during that period. + +(f) The name of the author and the title of the particular edition of +the work shall be printed on all copies of the published reproduction. +The licence shall not extend to the export of copies and shall be valid +only for publication in the territory of the Contracting State where it +has been applied for. The licence shall not be transferable by the +licensee. + +(g) Due provision shall be made by domestic legislation to ensure an +accurate reproduction of the particular edition in question. + +(h) A licence to reproduce and publish a translation of a work shall +not be granted under this Article in the following cases: + +(i) where the translation was not published by the owner of the right +of translation or with his authorization; + +(ii) where the translation is not in a language in general use in the +State with power to grant the licence. + +2. The exceptions provided for in paragraph 1 are subject to the +following additional provisions: + +(a) Any copy published in accordance with a licence granted under this +Article shall bear a notice in the appropriate language stating that +the copy is available for distribution only in the Contracting State to +which the said licence applies. If the edition bears the notice +specified in Article III (1), the copies shall bear the same notice. + +(b) Due provision shall be made at the national level to ensure: + +(i) that the licence provides for just compensation that is consistent +with standards of royalties normally operating in the case licenses +freely negotiated between persons in the two countries concerned; and + +(ii) payment and transmittal of the compensation; however, should +national currency regulations intervene, the competent authority shall +make all efforts, by the use of international machinery, to ensure +transmittal in internationally convertible currency or its equivalent. + +(c) Whenever copies of an edition of a work are distributed in the +Contracting State to the general public or in connexion with systematic +instructional activities, by the owner of the right of reproduction or +with his authorization, at a price reasonably related to that normally +charged in the State for comparable works, any licence granted under +this Article shall terminate if such edition is in the same language +and is substantially the same in content as the edition published under +the licence. Any copies already made before the licence is terminated +may continue to be distributed until their stock is exhausted. + +(d) No licence shall be granted when the author has withdrawn from +circulation all copies of the edition in question. + +3. (a) Subject to sub-paragraph (b), the literary, scientific or +artistic works to which this Article applies shall be limited to works +published in printed or analogous forms of reproduction. + +(b) The provisions of this Article shall also apply to reproduction in +audio-visual form of lawfully made audio-visual fixations including any +protected works incorporated therein and to the translation of any +incorporated text into a language in general use in the State with +power to grant the licence; always provided that the audio-visual +fixations in question were prepared and published for the sole purpose +of being used in connexion with systematic instructional activities. + +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 this 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 24 July 1971, shall be +deposited with the Director-General and shall remain open for signature +by all States party to the 1952 Convention for a period of 120 days +after the date of this Convention. 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. + +ARTICLE IX + +1. This Convention shall come into force three months after the deposit +of twelve instruments of ratification, acceptance or accession. + +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. + +3. Accession to this Convention by a State not party to the 1952 +Convention shall also constitute accession to that Convention; however, +if its instrument of accession is deposited before this Convention +comes into force, such State may make its accession to the 1952 +Convention conditional upon the coming into force of this Convention. +After the coming into force of this Convention, no State may accede +solely to the 1952 Convention. + +4. Relations between States party to this Convention and States that +are party only to the 1952 Convention, shall be governed by the 1952 +Convention. However, any State party only to the 1952 Convention may, +by a notification deposited with the Director-General, declare that it +will admit the application of the 1971 Convention to works of its +nationals or works first published in its territory by all States party +to this Convention. + +ARTICLE X + +1. Each Contracting State undertakes to adopt, in accordance with its +Constitution, such measures as are necessary to ensure the application +of this Convention. + +2. It is understood that at the date this Convention comes into force +in respect of any State, that 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 +the Universal Copyright 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 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 permitted. + +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, 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 of 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 Convention and the Universal Copyright Convention, + +Recognizing the temporary need of some States to adjust their level of +copyright protection in accordance with their stage of cultural, social +and economic development, + +Have, by common agreement, accepted the terms of the following +declaration: + +(a) Except as provided by paragraph (b), works which, according to the +Berne Convention, have as their country of origin a country which has +withdrawn from the Berne Union after 1 January 1951, shall not be +protected by the Universal Copyright Convention in the countries of the +Berne Union; + +(b) Where a Contracting State is regarded as a developing country in +conformity with the established practice of the General Assembly of the +United Nations, and has deposited with the Director-General of the +United Nations Educational, Scientific and Cultural Organization, at +the time of its withdrawal from the Berne Union, a notification to the +effect that it regards itself as a developing country, the provisions +of paragraph (a) shall not be applicable as long as such State may +avail itself of the exceptions provided for by this Convention in +accordance with Article Vbis; + +(c) The Universal Copyright Convention shall not be applicable to the +relationships among countries of the Berne Union in so far 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 Berne +Union. + + + +RESOLUTION CONCERNING ARTICLE XI + +The Conference for Revision of the Universal Copyright Convention, +Having considered the problems relating to the Intergovernmental +Committee provided for in Article XI of this Convention, to which this +resolution is annexed, + +Resolves that: + +1. At its inception, the Committee shall include representative of the +twelve States members of the Intergovernmental Committee established +under Article XI of the 1952 Convention and the resolution annexed to +it, and, in addition, representatives of the following States: Algeria, +Australia, Japan, Mexico, Senegal and Yugoslavia. + +2. Any States that are not party to the 1952 Convention and have not +acceded to this Convention before the first ordinary session of the +Committee following the entry into force of this Convention shall be +replaced by other States to be selected by the Committee at its first +ordinary session in conformity with the provisions of Article XI (2) +and (3). + +3. As soon as this Convention comes into force the Committee as +provided for in paragraph 1 shall be deemed to be constituted in +accordance with Article XI of this Convention. + +4. A session of the Committee shall take place with one year after the +coming into force of this Convention; thereafter the Committee shall +meet in ordinary session at intervals of not more than two years. + +5. The Committee shall elect its Chairman and two Vice-Chairmen. It +shall establish its Rules of Procedure having regard to the following +principles: + +(a) The normal duration of the term of office of the members +represented on the Committee shall be six years with one-third retiring +every two years, it being however understood that, of the original +terms of office, one-third shall expire at the end of the Committee's +second ordinary session which will follow the entry into force of this +Convention, a further third at the end of its third ordinary session, +and the remaining third at the end of its fourth ordinary session. + +(b) The rules governing the procedure whereby the Committee shall fill +vacancies, the order in which terms of membership expire, eligibility +for reelection, and election procedures, shall be based upon a +balancing of the needs for continuity of membership and rotation of +representation, as well as the considerations set out in Article XI (3). + +Expresses the wish that the United Nations Educational, Scientific and +Cultural Organization provide its Secretariat. + +In faith whereof the undersigned, having deposited their respective +full powers, have signed this Convention. + +DONE at Paris, this twenty-fourth day of July 1971, in a single copy. + + +PROTOCOL 1 + +Annexed to the Universal Copyright Convention as revised at Paris on 24 +July 1971 concerning the application of that Convention to works of +Stateless persons and refugees + +The States party hereto, being also party to the Universal Copyright +Convention as revised at Paris on 24 July 1971 (hereinafter called "the +1971 Convention"), + +Have accepted the following provisions: + +1. Stateless persons and refugees who have their habitual residence in +a State party to this Protocol shall, for the purposes of the 1971 +Convention, be assimilated to the nationals of that State. + +2. (a) This Protocol shall be signed and shall be subject to +ratification or acceptance, or may be acceded to, as if the provisions +of Article VIII of the 1971 Convention applied hereto. + +(b) This Protocol shall enter into force in respect of each State, on +the date of deposit of the instrument of ratification, acceptance or +accession of the State concerned or on the date of entry into force of +the 1971 Convention with respect to such State, whichever is the later. + +(c) On the entry into force of this Protocol in respect of a State not +party to Protocol 1 annexed to the 1952 Convention, the latter Protocol +shall be deemed to enter into force in respect of such State. + +In faith whereof the undersigned, being duly authorized thereto, have +signed this Protocol. + +Done at Paris this twenty-fourth day of July 1971, in the English, +French and Spanish languages, the three texts being equally +authoritative, in a single copy which shall be deposited with the +Director-General of the United Nations Educational, Scientific and +Cultural Organization. The Director-General shall send certified +copies to the signatory States, and to the Secretary-General of the +United Nations for registration. + +PROTOCOL 2 + +Annexed to the Universal Copyright convention as revised at Paris on 24 +July 1971 concerning the application of that Convention to the works of +certain international organizations + +The States party hereto, being also party to the Universal Copyright +Convention as revised at Paris on 24 July 1971 (hereinafter called "the +1971 Convention"), + +Have accepted the following provisions: + +1. (a) The protection provided for in Article II (1) of the 1971 +Convention shall apply to works published for the first time by the +United Nations by the Specialized Agencies in relationship therewith, +or by the Organization of American States. + +(b) Similarly, Article II (2) of the 1971 Convention shall apply to the +said organization or agencies. + +2. (a) This Protocol shall be signed and shall be subject to +ratification or acceptance, or may be acceded to, as if the provisions +of Article VIII of the 1971 Convention applied hereto. + +(b) This Protocol shall enter into force for each State on the date of +deposit of the instrument of ratification, acceptance or accession of +the State concerned or on the date of entry into force of the 1971 +Convention with respect to such State, whichever is the later. + +In faith whereof the undersigned, being duly authorized thereto, have +signed this Protocol. + +Done at Paris, this twenty-fourth day of July 1971, in the English, +French and Spanish languages, the three texts being equally +authoritative, in a single copy which shall be deposited with the +Director-General of the United Nations Educational, Scientific and +Cultural Organization. The Director-General shall send certified +copies to the signatory States, and to the Secretary-General of the +United Nations for registration. + +Certified a true and complete copy of the original of the Universal +Copyright Convention as revised at Paris on 24 July 1971, of the +Protocol 1 annexed to the Universal Copyright Convention as revised at +Paris on 24 July 1971 concerning the application of that Convention to +works of Stateless persons and refugees and of the Protocol 2 annexed +to the Universal Copyright Convention as revised at Paris on 24 July +1971 concerning the application of that Convention to the works of +certain international organizations. + +Paris, 24. 12. 1971 Claude Lussier. + +Director, Office of International Standards and Legal Affairs, United +Nations Educational, Scientific and Cultural Organization. + + + + + + + + + +End of the Project Gutenberg EBook of The Universal Copyright Convention +(1988), by Coalition for Networked Information + +*** END OF THIS PROJECT GUTENBERG EBOOK UNIVERSAL COPYRIGHT CONVENTION *** + +***** This file should be named 253.txt or 253.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/5/253/ + + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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