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
"5. It is proposed that it shall be made legal to publish extracts from
works which have appeared in any country of the Union, provided that
such publications are adapted for teaching or have a scientific
character. The reciprocal publication of books composed of fragments of
various authors will also be permitted. It will be an indispensable
condition, however, that the source of such extracts shall at all times
be acknowledged.
"6. On the other hand, it will be unlawful to publish, without special
permission of the holder of the copyright, any piece of music, in any
collection of music used in musical academies.
"7. The rights of protection accorded to musical works will prohibit
arrangements of music containing fragments from other composers, unless
the consent of such composer be first obtained."
{Sidenote: Second official conference, 1885}
A second international conference was held at Berne from September 7 to
18, 1885, for the further consideration of the project. This was
participated in by representatives from sixteen countries,--Argentina,
Belgium, Costa Rica, France, Germany, Great Britain, Haiti, Honduras,
Holland, Italy, Paraguay, Sweden and Norway, Spain, Switzerland, and
Tunis. The United States was also represented at that conference by a
"listening delegate," Boyd Winchester, then the United States minister
at Berne.
{Sidenote: Third official conference, 1886}
The negotiations at Berne culminated at the third formal conference, of
September 6 to 9, 1886, by agreement on a convention constituting an
international copyright union, the _Union Internationale pour la
Protection des OEuvres Litteraires et Artistiques_, which was signed on
September 9, by the plenipotentiaries of ten countries, Great Britain,
Germany, Belgium, Spain, France, Haiti, Italy, Switzerland, Tunis and
Liberia. At this conference the United States was represented only as in
1885.
{Sidenote: Berne convention, 1886:}
The convention included twenty-one articles besides an additional
article and final protocol, article I being as follows: "The contracting
States are constituted into an Union for the protection of the rights of
authors over their literary and artistic works."
{Sidenote: Authors and terms}
It was provided (art. II) that authors of any one of the countries shall
enjoy in the other countries the same rights as natives, on complying
with the formalities prescribed in the country of origin, _i. e._, of
first publication, or in case of simultaneous publication, in the
country having the shortest term of protection, for a period not
exceeding the term of protection granted in the country of origin. This
protection was extended (art. III) to the publishers within the Union of
works whose authors belong to a country outside the Union.
{Sidenote: "Literary and artistic works" defined}
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