(As Revised ap Paris on 24 July 1971)
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 Unpublished works of nationals of each Contracting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other State accords to unpublished works of its own nationals, as well as the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 ~ 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 sub-paragraphs
(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
sub-paragraph (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 IV bis. 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 of 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 V bis. 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 V ter and V quater.
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 V ter and V quater
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 V ter and V quater 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 V ter and V quater 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
V ter and V quater.
Article V ter. 1. (a) Any Contracting State to which article V bis (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 V bis (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 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 V quater 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 V bis (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 V quater. 1. Any Contracting State to which article V bis (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 subparagraph (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 audiovisual 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 he
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 I 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
co-existence 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 bc 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 V bis.
(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 I 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 re-election, 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 he
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.