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authorRobert Tonsing <pterodactyl@fastmail.com>2026-08-23 18:10:23 -0500
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+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 ***
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