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
At the time of the Universal Exposition in Paris in 1878, the French
_Societe des Gens de Lettres_ issued invitations for an International
Literary Congress, which was held in Paris, under the presidency of
Victor Hugo, commencing June 4, 1878. From this came the _Association
Litteraire et Artistique Internationale_, which held subsequent
congresses at London in 1879, at Lisbon in 1880, at Vienna in 1881, at
Rome in 1882, at Amsterdam in 1883, at Brussels in 1884, and at Antwerp
in 1885, at which the extension of international copyright was discussed
and advocated.
{Sidenote: Fundamental proposition}
The Congress at Antwerp, in 1885, ratified the following proposition:
"The author's right in his work constitutes an inherent right of
property. The law does not create, but merely regulates it."
{Sidenote: Preliminary official conference, 1883}
Partly at the initiative of this association and at the invitation of
the Swiss government, a preliminary conference of official
representatives of the several nations was held at Berne in September,
1883, at which the following draft, submitted by the International
Literary and Artistic Association, was substantially adopted as the
basis for a general convention on the part of civilized nations:
"1. The authors of literary or artistic works published, represented, or
executed in one of the contracting States, shall enjoy, upon the sole
condition of accomplishing the formalities required by the laws of that
State, the same rights for the protection of their works in the other
States of the Union, whatever the nationality of the authors may be, as
are enjoyed by natives of the States.
{Sidenote: Propositions of 1883}
"2. The term literary or artistic works comprises books, pamphlets, and
all other writings; dramatic and dramatico-musical works; musical
compositions, with or without words, and arrangements of music;
drawings, paintings, sculptures, engravings, lithographs, maps, plans,
scientific sketches, and generally all other literary, artistic, and
scientific works whatsoever, which may be published by any system of
impression or reproduction whatsoever.
"3. The rights of authors extend to manuscript or unpublished works.
"4. The legal representatives and assignees of authors shall enjoy in
all respects the same rights as are awarded by this convention to
authors themselves.
"5. The subjects of one of the contracting States shall enjoy in all the
other States of the Union during the subsistence of their rights in
their original works the exclusive right of translation. This right
comprises the right of publication, representation, or execution.
"6. Authorized translations are protected in the same manner as original
works. When the translation is of a work which has become public
property, the translator cannot prevent the work from being translated
by others.
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