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 Additional Act of Paris (art. I and II) included "posthumous works"
amongst protected works, replaced the privileges given to publishers by
a provision extending protection to authors not subjects of unionist
countries for works first published in one of those countries; extended
the protection of translations throughout the term of the original work,
but with the proviso that the right for any language should expire after
ten years unless the author had provided for a translation into that
language; specifically included serial novels published in periodicals,
and required indication of the source of articles reproduced from
periodicals. The right to seize piratical works was given to the
"competent authorities" of each country without specific reference to
importation. Withdrawal by denunciation was made applicable only to the
country withdrawing, leaving the convention binding upon all others.
It further provided (art. III) that the several countries of the Union
might accede to these additional acts separately, as might other
countries, and for ratification within a year and enforcement within
three months thereafter.
{Sidenote: Paris Interpretative Declaration}
The Declaration, simultaneously adopted, interpreting the convention of
Berne and the Paris additional act, declared (1) that protection depends
solely on accomplishment in the country of origin of the conditions and
formalities prescribed therein; (2) that "published works" (_oeuvres
publiees_) means works actually issued to the public (_oeuvres editees_)
in one of the Union countries--"consequently, the representation of a
dramatic or dramatico-musical work, the performance of a musical work,
the exhibition of works of art, do not constitute publication"; and (3)
that "the transformation of a novel into a play, or of a play into a
novel" comes under the protection provided.
{Sidenote: Ratification in 1897}
The Paris acts, as adopted May 4, 1896, were ratified September 9, 1897,
the declaration becoming effective immediately and the additional act
three months later. Both the additional act and the interpretative
declaration were ratified by Belgium, France, Germany, Haiti, Italy,
Luxemburg, Monaco, Montenegro, Spain, Switzerland and Tunis. Great
Britain ratified only the additional act and not the interpretative
declaration, while Norway, which had become a unionist country April 13,
1896, ratified only the interpretative declaration and not the
additional act. Thus from December 9, 1897, the Berne convention and the
Paris acts together constituted, with the exceptions noted, the
fundamental law of the International Copyright Union.
{Sidenote: Berlin conference, 1908}
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