Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
When the International Copyright Union was created at Berne in 1886,
artistic works were conjoined with literary works under like protection
throughout the convention and they were specified (art. IV) as covering
"works of design, painting, sculpture, and engraving; lithographs,
illustrations, geographical charts; plans, sketches, and plastic works
relative to geography, topography, architecture, or science in general;
in fact, every production whatsoever in the ... artistic domain which
can be published by any mode of impression or reproduction." In the
final protocol it was specifically provided: "(1) As regards article IV,
it is agreed that those countries of the Union where the character of
artistic works is not refused to photographs, engage to admit them to
the benefits of the Convention, from the date of its coming into effect.
They are, however, not bound to protect the authors of such works
further than is permitted by their own legislation, except in the case
of international engagements already existing, or which may hereafter be
entered into by them. It is understood that an authorized photograph of
a protected work of art shall enjoy legal protection in all the
countries of the Union, as contemplated by the said Convention, for the
same period as the principal right of reproduction of the work itself
subsists, and within the limits of private arrangements between those
who have legal rights."
{Sidenote: Paris declaration; 1896}
In the amendatory act adopted at Paris in 1896, the final protocol of
1886 was modified respecting architectural and photographic works as
follows (1, a, b): "In the countries of the Union in which protection is
accorded not only to architectural designs, but to the actual works of
architecture, those works are admitted to the benefit of the provisions
of the Convention of Berne and of the present additional act.
"Photographic works, and those obtained by similar processes, are
admitted to the benefit of the provisions of these acts, in so far as
the domestic legislation allows this to be done, and according to the
measure of protection which it gives to similar national works.
"It is understood that the authorized photograph of a protected work of
art enjoys legal protection in all the countries of the Union, within
the meaning of the Convention of Berne and the present additional act,
as long as the principal right of reproduction of this work itself
lasts, and within the limits of private conventions between those who
have legal rights."
{Sidenote: Berlin convention, 1908}
Public-domain text, read in full here on John Shaqi.
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