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