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
The expression "literary and artistic works" was defined (art. IV) by
specification, including dramatic and musical works, but not mentioning
photographs or actual works of architecture. Translations were protected
(art. V) for ten years, which period should run for works published in
incomplete parts (_livraisons_) from the publication of the last part,
or in the case of volumes or serial collections (_cahiers_), from that
of each volume, and in all cases from the thirty-first of December of
the calendar year of publication. Authorized translations were protected
(art. VI) as original works, but translators of works in the public
domain could not oppose other translations. Reproduction of newspaper or
periodical articles was permitted (art. VII) unless expressly forbidden,
but this prohibition could not apply to political discussions, news
matter or "current topics" (_faits divers_). Liberty of extract from
literary or artistic works otherwise was left (art. VIII) to domestic
legislation or specific treaties.
{Sidenote: Performing rights}
Protection was specifically extended (art. IX) to the representation of
dramatic or dramatico-musical works or translations thereof, and, on
condition of express reservation, to musical works; and adaptations,
arrangements, and other unauthorized indirect appropriations were
specially included (art. X) among illicit reproductions subject to
determination by the courts of the respective countries.
{Sidenote: Other provisions}
The author indicated on a work, or the publisher of an anonymous or
pseudonymous work, was given (art. XI) authority to institute
proceedings, but the tribunal might require certificate that the
formalities in the country of origin had been accomplished. Pirated
(_contrefait_) works might be seized (art. XII) on importation,
according to domestic law. The convention was not to derogate (art.
XIII) from the right of each country to domestic control by legislation
or police. Existing works, not fallen into the public domain in the
country of origin (art. XIV), were protected. The several countries
reserved (art. XV) the right to make separate and particular treaty
arrangements. An international office was established (art. XVI) under
the name of "Office of the International Union for the Protection of
Literary and Artistic Works," under the authority of the Swiss
Confederation, the expenses to be borne by the signatory countries.
Revision at future conferences was provided for (art. XVII) with
stipulation that alterations should not be binding except by unanimous
consent. Accession of other countries was permitted (art. XVIII) on
notice to the Swiss Confederation, and similar provision was made (art.
XIX) for the accession of colonies. Ratification within one year (art.
XX) and operation within three months thereafter (art. XXI) and
withdrawal by one year's notice of denunciation were provided for. The
"additional article" provided that the convention should not affect
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