diff options
| author | Robert Tonsing <pterodactyl@fastmail.com> | 2026-08-23 18:10:23 -0500 |
|---|---|---|
| committer | Robert Tonsing <pterodactyl@fastmail.com> | 2026-08-23 18:10:23 -0500 |
| commit | 2c1fa79be506e44d2106903d6263dc27c60a853d (patch) | |
| tree | 221caeaa5f64eac4807e1dffa6df223343760105 /old | |
Diffstat (limited to 'old')
| -rw-r--r-- | old/berne10.txt | 1371 | ||||
| -rw-r--r-- | old/berne10.zip | bin | 0 -> 20066 bytes | |||
| -rw-r--r-- | old/berne11.txt | 1371 | ||||
| -rw-r--r-- | old/berne11.zip | bin | 0 -> 18452 bytes |
4 files changed, 2742 insertions, 0 deletions
diff --git a/old/berne10.txt b/old/berne10.txt new file mode 100644 index 0000000..a4b50b3 --- /dev/null +++ b/old/berne10.txt @@ -0,0 +1,1371 @@ +Project Gutenberg's Etext of the Universal Copyright Convention +******Often Referred to as the Berne Copyright Convention****** + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. Do not remove this. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**Etexts Readable By Both Humans and By Computers, Since 1971** + +*These Etexts Prepared By Hundreds of Volunteers and Donations* + +Information on contacting Project Gutenberg to get Etexts, and +further information is included below. We need your donations. + + +The Berne Copyright Convention [1988] + +April, 1995 [Etext #253] + +Project Gutenberg's Etext of the Universal Copyright Convention +******This file should be named berne10.txt or berne10.zip***** + +Corrected Editions Get New Numbers: berne11.txt or berne11.zip +VERSIONS based on separate sources get new LETTER, berne10a.txt + + +The original source of this document was: + +Coalition for Networked Information Information Policies: +A Compilation of Position Statements, Principles, Statutes, +and Other Pertinent Statements + +Several typos have been corrected and thousands of blank spaces +used for indentation and trailing spaces have been removed. +Widows and orphans have been eliminated from paragraphing. +You can get the original from which this was created via +ftp wiretap.spies.com as anonymous, cd Gov, cd Copyright + + +We are now trying to release all our books one month in advance +of the official release dates, for time for better editing. + +The official release date of all Project Gutenberg Etexts is at +Midnight, Central Time, of the last day of the stated month. A +preliminary version may often be posted for suggestion, comment +and editing by those who wish to do so. To be sure you have an +up to date first edition [xxxxx10x.xxx] please check file sizes +in the first week of the next month. Since our ftp program has +a bug in it that scrambles the date [tried to fix and failed] a +look at the file size will have to do, but we will try to see a +new copy has at least one byte more or less. + + +Information about Project Gutenberg (one page) + +We produce about two million dollars for each hour we work. The +fifty hours is one conservative estimate for how long it we take +to get any etext selected, entered, proofread, edited, copyright +searched and analyzed, the copyright letters written, etc. This +projected audience is one hundred million readers. If our value +per text is nominally estimated at one dollar, then we produce 2 +million dollars per hour this year we, will have to do four text +files per month: thus upping our productivity from one million. +The Goal of Project Gutenberg is to Give Away One Trillion Etext +Files by the December 31, 2001. [10,000 x 100,000,000=Trillion] +This is ten thousand titles each to one hundred million readers, +which is 10% of the expected number of computer users by the end +of the year 2001. + +We need your donations more than ever! + +All donations should be made to "Project Gutenberg/IBC", and are +tax deductible to the extent allowable by law ("IBC" is Illinois +Benedictine College). (Subscriptions to our paper newsletter go +to IBC, too) + +For these and other matters, please mail to: + +Project Gutenberg +P. O. Box 2782 +Champaign, IL 61825 + +When all other email fails try our Michael S. Hart, Executive +Director: +hart@vmd.cso.uiuc.edu (internet) hart@uiucvmd (bitnet) + +We would prefer to send you this information by email +(Internet, Bitnet, Compuserve, ATTMAIL or MCImail). + +****** +If you have an FTP program (or emulator), please +FTP directly to the Project Gutenberg archives: +[Mac users, do NOT point and click. . .type] + +ftp mrcnext.cso.uiuc.edu +login: anonymous +password: your@login +cd etext/etext91 +or cd etext92 +or cd etext93 [for new books] [now also in cd etext/etext93] +or cd etext/articles [get suggest gut for more information] +dir [to see files] +get or mget [to get files. . .set bin for zip files] +get INDEX100.GUT +get INDEX200.GUT +for a list of books +and +get NEW.GUT for general information +and +mget GUT* for newsletters. + +**Information prepared by the Project Gutenberg legal advisor** +(Three Pages) + + +***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN ETEXTS**START*** +Why is this "Small Print!" statement here? You know: lawyers. +They tell us you might sue us if there is something wrong with +your copy of this etext, even if you got it for free from +someone other than us, and even if what's wrong is not our +fault. So, among other things, this "Small Print!" statement +disclaims most of our liability to you. It also tells you how +you can distribute copies of this etext if you want to. + +*BEFORE!* YOU USE OR READ THIS ETEXT +By using or reading any part of this PROJECT GUTENBERG-tm +etext, you indicate that you understand, agree to and accept +this "Small Print!" statement. If you do not, you can receive +a refund of the money (if any) you paid for this etext by +sending a request within 30 days of receiving it to the person +you got it from. If you received this etext on a physical +medium (such as a disk), you must return it with your request. + +ABOUT PROJECT GUTENBERG-TM ETEXTS +This PROJECT GUTENBERG-tm etext, like most PROJECT GUTENBERG- +tm etexts, is a "public domain" work distributed by Professor +Michael S. Hart through the Project Gutenberg Association at +Illinois Benedictine College (the "Project"). Among other +things, this means that no one owns a United States copyright +on or for this work, so the Project (and you!) can copy and +distribute it in the United States without permission and +without paying copyright royalties. Special rules, set forth +below, apply if you wish to copy and distribute this etext +under the Project's "PROJECT GUTENBERG" trademark. + +To create these etexts, the Project expends considerable +efforts to identify, transcribe and proofread public domain +works. Despite these efforts, the Project's etexts and any +medium they may be on may contain "Defects". Among other +things, Defects may take the form of incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged +disk or other etext medium, a computer virus, or computer +codes that damage or cannot be read by your equipment. + +LIMITED WARRANTY; DISCLAIMER OF DAMAGES +But for the "Right of Replacement or Refund" described below, +[1] the Project (and any other party you may receive this +etext from as a PROJECT GUTENBERG-tm etext) disclaims all +liability to you for damages, costs and expenses, including +legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR +UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, +INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE +OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE +POSSIBILITY OF SUCH DAMAGES. + +If you discover a Defect in this etext within 90 days of +receiving it, you can receive a refund of the money (if any) +you paid for it by sending an explanatory note within that +time to the person you received it from. If you received it +on a physical medium, you must return it with your note, and +such person may choose to alternatively give you a replacement +copy. If you received it electronically, such person may +choose to alternatively give you a second opportunity to +receive it electronically. + +THIS ETEXT IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS +TO THE ETEXT OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. + +Some states do not allow disclaimers of implied warranties or +the exclusion or limitation of consequential damages, so the +above disclaimers and exclusions may not apply to you, and you +may have other legal rights. + +INDEMNITY +You will indemnify and hold the Project, its directors, +officers, members and agents harmless from all liability, cost +and expense, including legal fees, that arise directly or +indirectly from any of the following that you do or cause: +[1] distribution of this etext, [2] alteration, modification, +or addition to the etext, or [3] any Defect. + +DISTRIBUTION UNDER "PROJECT GUTENBERG-tm" +You may distribute copies of this etext electronically, or by +disk, book or any other medium if you either delete this +"Small Print!" and all other references to Project Gutenberg, +or: + +[1] Only give exact copies of it. Among other things, this + requires that you do not remove, alter or modify the + etext or this "small print!" statement. You may however, + if you wish, distribute this etext in machine readable + binary, compressed, mark-up, or proprietary form, + including any form resulting from conversion by word pro- + cessing or hypertext software, but only so long as + *EITHER*: + + [*] The etext, when displayed, is clearly readable, and + does *not* contain characters other than those + intended by the author of the work, although tilde + (~), asterisk (*) and underline (_) characters may + be used to convey punctuation intended by the + author, and additional characters may be used to + indicate hypertext links; OR + + [*] The etext may be readily converted by the reader at + no expense into plain ASCII, EBCDIC or equivalent + form by the program that displays the etext (as is + the case, for instance, with most word processors); + OR + + [*] You provide, or agree to also provide on request at + no additional cost, fee or expense, a copy of the + etext in its original plain ASCII form (or in EBCDIC + or other equivalent proprietary form). + +[2] Honor the etext refund and replacement provisions of this + "Small Print!" statement. + +[3] Pay a trademark license fee to the Project of 20% of the + net profits you derive calculated using the method you + already use to calculate your applicable taxes. If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Association / Illinois + Benedictine College" within the 60 days following each + date you prepare (or were legally required to prepare) + your annual (or equivalent periodic) tax return. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +The Project gratefully accepts contributions in money, time, +scanning machines, OCR software, public domain etexts, royalty +free copyright licenses, and every other sort of contribution +you can think of. Money should be paid to "Project Gutenberg +Association / Illinois Benedictine College". + +This "Small Print!" by Charles B. Kramer, Attorney +Internet (72600.2026@compuserve.com); TEL: (212-254-5093) +*END*THE SMALL PRINT! FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* + + + + + + + +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 Project Gutenberg's Etext of the Universal Copyright Convention + + + diff --git a/old/berne10.zip b/old/berne10.zip Binary files differnew file mode 100644 index 0000000..62b66a2 --- /dev/null +++ b/old/berne10.zip diff --git a/old/berne11.txt b/old/berne11.txt new file mode 100644 index 0000000..0a4e0c4 --- /dev/null +++ b/old/berne11.txt @@ -0,0 +1,1371 @@ +Project Gutenberg's Etext of the Universal Copyright Convention + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. Do not remove this. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**Etexts Readable By Both Humans and By Computers, Since 1971** + +*These Etexts Prepared By Hundreds of Volunteers and Donations* + +Information on contacting Project Gutenberg to get Etexts, and +further information is included below. We need your donations. + + +The Universal Copyright Convention [1972] + +April, 1995 [Etext #253] + +Project Gutenberg's Etext of the Universal Copyright Convention +******This file should be named berne11.txt or berne11.zip***** + +Corrected Editions Get New Numbers: berne12.txt or berne12.zip +VERSIONS based on separate sources get new LETTER, berne10a.txt + + +The original source of this document was: + +Coalition for Networked Information Information Policies: +A Compilation of Position Statements, Principles, Statutes, +and Other Pertinent Statements + +Several typos have been corrected and thousands of blank spaces +used for indentation and trailing spaces have been removed. +Widows and orphans have been eliminated from paragraphing. +You can get the original from which this was created via +ftp wiretap.spies.com as anonymous, cd Gov, cd Copyright + + +We are now trying to release all our books one month in advance +of the official release dates, for time for better editing. + +The official release date of all Project Gutenberg Etexts is at +Midnight, Central Time, of the last day of the stated month. A +preliminary version may often be posted for suggestion, comment +and editing by those who wish to do so. To be sure you have an +up to date first edition [xxxxx10x.xxx] please check file sizes +in the first week of the next month. Since our ftp program has +a bug in it that scrambles the date [tried to fix and failed] a +look at the file size will have to do, but we will try to see a +new copy has at least one byte more or less. + + +Information about Project Gutenberg (one page) + +We produce about two million dollars for each hour we work. The +fifty hours is one conservative estimate for how long it we take +to get any etext selected, entered, proofread, edited, copyright +searched and analyzed, the copyright letters written, etc. This +projected audience is one hundred million readers. If our value +per text is nominally estimated at one dollar, then we produce 2 +million dollars per hour this year we, will have to do four text +files per month: thus upping our productivity from one million. +The Goal of Project Gutenberg is to Give Away One Trillion Etext +Files by the December 31, 2001. [10,000 x 100,000,000=Trillion] +This is ten thousand titles each to one hundred million readers, +which is 10% of the expected number of computer users by the end +of the year 2001. + +We need your donations more than ever! + +All donations should be made to "Project Gutenberg/IBC", and are +tax deductible to the extent allowable by law ("IBC" is Illinois +Benedictine College). (Subscriptions to our paper newsletter go +to IBC, too) + +For these and other matters, please mail to: + +Project Gutenberg +P. O. Box 2782 +Champaign, IL 61825 + +When all other email fails try our Michael S. Hart, Executive +Director: +hart@vmd.cso.uiuc.edu (internet) hart@uiucvmd (bitnet) + +We would prefer to send you this information by email +(Internet, Bitnet, Compuserve, ATTMAIL or MCImail). + +****** +If you have an FTP program (or emulator), please +FTP directly to the Project Gutenberg archives: +[Mac users, do NOT point and click. . .type] + +ftp mrcnext.cso.uiuc.edu +login: anonymous +password: your@login +cd etext/etext91 +or cd etext92 +or cd etext93 [for new books] [now also in cd etext/etext93] +or cd etext/articles [get suggest gut for more information] +dir [to see files] +get or mget [to get files. . .set bin for zip files] +get INDEX100.GUT +get INDEX200.GUT +for a list of books +and +get NEW.GUT for general information +and +mget GUT* for newsletters. + +**Information prepared by the Project Gutenberg legal advisor** +(Three Pages) + + +***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN ETEXTS**START*** +Why is this "Small Print!" statement here? You know: lawyers. +They tell us you might sue us if there is something wrong with +your copy of this etext, even if you got it for free from +someone other than us, and even if what's wrong is not our +fault. So, among other things, this "Small Print!" statement +disclaims most of our liability to you. It also tells you how +you can distribute copies of this etext if you want to. + +*BEFORE!* YOU USE OR READ THIS ETEXT +By using or reading any part of this PROJECT GUTENBERG-tm +etext, you indicate that you understand, agree to and accept +this "Small Print!" statement. If you do not, you can receive +a refund of the money (if any) you paid for this etext by +sending a request within 30 days of receiving it to the person +you got it from. If you received this etext on a physical +medium (such as a disk), you must return it with your request. + +ABOUT PROJECT GUTENBERG-TM ETEXTS +This PROJECT GUTENBERG-tm etext, like most PROJECT GUTENBERG- +tm etexts, is a "public domain" work distributed by Professor +Michael S. Hart through the Project Gutenberg Association at +Illinois Benedictine College (the "Project"). Among other +things, this means that no one owns a United States copyright +on or for this work, so the Project (and you!) can copy and +distribute it in the United States without permission and +without paying copyright royalties. Special rules, set forth +below, apply if you wish to copy and distribute this etext +under the Project's "PROJECT GUTENBERG" trademark. + +To create these etexts, the Project expends considerable +efforts to identify, transcribe and proofread public domain +works. Despite these efforts, the Project's etexts and any +medium they may be on may contain "Defects". Among other +things, Defects may take the form of incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged +disk or other etext medium, a computer virus, or computer +codes that damage or cannot be read by your equipment. + +LIMITED WARRANTY; DISCLAIMER OF DAMAGES +But for the "Right of Replacement or Refund" described below, +[1] the Project (and any other party you may receive this +etext from as a PROJECT GUTENBERG-tm etext) disclaims all +liability to you for damages, costs and expenses, including +legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR +UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, +INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE +OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE +POSSIBILITY OF SUCH DAMAGES. + +If you discover a Defect in this etext within 90 days of +receiving it, you can receive a refund of the money (if any) +you paid for it by sending an explanatory note within that +time to the person you received it from. If you received it +on a physical medium, you must return it with your note, and +such person may choose to alternatively give you a replacement +copy. If you received it electronically, such person may +choose to alternatively give you a second opportunity to +receive it electronically. + +THIS ETEXT IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS +TO THE ETEXT OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. + +Some states do not allow disclaimers of implied warranties or +the exclusion or limitation of consequential damages, so the +above disclaimers and exclusions may not apply to you, and you +may have other legal rights. + +INDEMNITY +You will indemnify and hold the Project, its directors, +officers, members and agents harmless from all liability, cost +and expense, including legal fees, that arise directly or +indirectly from any of the following that you do or cause: +[1] distribution of this etext, [2] alteration, modification, +or addition to the etext, or [3] any Defect. + +DISTRIBUTION UNDER "PROJECT GUTENBERG-tm" +You may distribute copies of this etext electronically, or by +disk, book or any other medium if you either delete this +"Small Print!" and all other references to Project Gutenberg, +or: + +[1] Only give exact copies of it. Among other things, this + requires that you do not remove, alter or modify the + etext or this "small print!" statement. You may however, + if you wish, distribute this etext in machine readable + binary, compressed, mark-up, or proprietary form, + including any form resulting from conversion by word pro- + cessing or hypertext software, but only so long as + *EITHER*: + + [*] The etext, when displayed, is clearly readable, and + does *not* contain characters other than those + intended by the author of the work, although tilde + (~), asterisk (*) and underline (_) characters may + be used to convey punctuation intended by the + author, and additional characters may be used to + indicate hypertext links; OR + + [*] The etext may be readily converted by the reader at + no expense into plain ASCII, EBCDIC or equivalent + form by the program that displays the etext (as is + the case, for instance, with most word processors); + OR + + [*] You provide, or agree to also provide on request at + no additional cost, fee or expense, a copy of the + etext in its original plain ASCII form (or in EBCDIC + or other equivalent proprietary form). + +[2] Honor the etext refund and replacement provisions of this + "Small Print!" statement. + +[3] Pay a trademark license fee to the Project of 20% of the + net profits you derive calculated using the method you + already use to calculate your applicable taxes. If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Association / Illinois + Benedictine College" within the 60 days following each + date you prepare (or were legally required to prepare) + your annual (or equivalent periodic) tax return. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +The Project gratefully accepts contributions in money, time, +scanning machines, OCR software, public domain etexts, royalty +free copyright licenses, and every other sort of contribution +you can think of. Money should be paid to "Project Gutenberg +Association / Illinois Benedictine College". + +This "Small Print!" by Charles B. Kramer, Attorney +Internet (72600.2026@compuserve.com); TEL: (212-254-5093) +*END*THE SMALL PRINT! FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* + + + + + +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 Project Gutenberg's Etext of the Universal Copyright Convention + diff --git a/old/berne11.zip b/old/berne11.zip Binary files differnew file mode 100644 index 0000000..6173724 --- /dev/null +++ b/old/berne11.zip |
