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COPYRIGHT ACT
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Copyright Act
« 17 USC Sec. 103 | Index | 17 USC Sec. 104A »
17 USC Sec. 104
UNIVERSAL COPYRIGHT CONVENTION - PARIS, 1971
The Universal Copyright Convention was revised at Paris on July
24, 1971. It entered into force for the United States on July 10,
1974. The text of the Convention, as revised at Paris, is as
follows:
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 Unpublished works of nationals of each Contracting State shall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other State accords to unpublished works of its own nationals, as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 purpose 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 (AF) 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 works 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 than 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 the 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 licences 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 by 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) Licences obtainable after three years shall not be granted
under this Article until a further period of six months has elapsed
and licences 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) Licences 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 licences 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
sub-paragraph (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, establishes 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
Educational, 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) Licences 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 of licences 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 license; 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 and 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 to 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 representatives
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 within 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.
17 USC Sec. 104
« 17 USC Sec. 103 | Index | 17 USC Sec. 104A »
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