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
existing conventions between the states, conferring more extended powers
or containing other stipulations not contrary to the convention.
{Sidenote: Final protocol}
On the exchange of ratifications September 5, 1887, a final protocol was
agreed upon, extending article IV to cover photographs in those
countries whose domestic legislation or treaty arrangements permitted
such protection; extending article IX to choregraphic works in countries
in which they were covered by domestic legislation; explicitly excepting
mechanical music reproductions from protection; and specifically
referring to domestic or treaty arrangements, the protection afforded by
article XIV to existing works not fallen into the public domain. The
final protocol also provided for the organization of the international
office under regulation by the Swiss Confederation, for French as the
official language, for the allotment of expenses among the countries,
and for other administrative details.
{Sidenote: Ratification in 1887}
The Berne convention, as signed in that city September 9, 1886, by the
representatives of ten nations, Great Britain, Germany, Belgium, Spain,
France, Haiti, Italy, Switzerland, Tunis and Liberia, was ratified in
the same city September 5, 1887, by exchange of ratifications on the
part of all these powers except Liberia, and became effective December
5, 1887. The French acceptance included Algiers and the other French
colonies, the Spanish acceptance all Spanish colonies, and the British
acceptance, India, Canada and Newfoundland, the South African and the
Australian colonies. To these powers were later added Luxemburg (1888),
Monaco (1889), Montenegro (1893), which however withdrew in 1900, Norway
(1896), Japan (1899), Denmark (1903), Sweden (1904), and Great Britain's
new colonies, the Transvaal and Orange Free State (1903), leaving three
nations of first rank outside the Union, _i. e._, Austria-Hungary,
Russia, and the United States, aside from the South American countries
later associated in the Pan American Union.
{Sidenote: Paris conference, 1896}
The revision of the Berne convention provided for in art. XVII, which
was to be made according to the final protocol at a conference at Paris
to be called by the French government within from four to six years, was
not actually undertaken until 1896. When the signatory powers met in
conference at Paris, April 15 to May 4, 1896, they adopted an
"additional act," of four articles, which besides making verbal
amendments for clarification, substantially modified articles II, III,
V, VII, XII, XX, of the Berne convention and the first and fourth
numbers of the final protocol; and issued also an "interpretative
declaration" as to both the Berne convention and the final protocol, the
additional act and the interpretative declaration being sometimes cited
together as "the Paris acts."
{Sidenote: Paris Additional Act}
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