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
Authors of a unionist country first publishing in another country of the
Union enjoy (art. 5) in the latter country the same rights as national
authors; and authors of a non-unionist country first publishing a work
in any unionist country enjoy (art. 6) in that country the same rights
as national authors and in the other Union countries the rights accorded
by the convention. This article greatly broadens the scope of the
convention, and by recognizing without formalities the rights of authors
of non-unionist countries, makes it of a world-wide inclusion for works
unpublished or first or simultaneously published within a unionist
country, to the full extent of domestic protection in each unionist
country, whether the country of origin does or does not grant
protection,--thus giving to citizens of the United States full
protection throughout unionist countries on the sole condition of first
or simultaneous publication within one of them.
{Sidenote: Term}
The convention takes the important step (art. 7) of providing for a
uniform term of "the life of the author and fifty years after his death"
in place of the respective national terms, with the proviso that if this
term should not be adopted uniformly by all the unionist countries,
duration shall be regulated by the law of the country where protection
is claimed, but cannot exceed the term in the country of origin. For
photographic and analogous works, posthumous, anonymous or pseudonymous
works, the term of protection is regulated by the law of the country
where protection is claimed, but may not exceed the term in the country
of origin. The exclusive right of translation is assured (art. 8) for
the entire term. Serial stories and other works published in newspapers
or periodicals (art. 9) may not be reproduced, but other newspaper
articles may be reproduced by another newspaper if reproduction has not
been expressly forbidden, on acknowledgment of the source, but
protection is not extended to news of the day or press information on
current topics. The right of extract is to be governed (art. 10) by
domestic legislation.
{Sidenote: Performing rights, etc.}
The public representation or performance of dramatic, dramatico-musical
or musical works, whether published or not (art. 11), and adaptation,
dramatization or novelization, etc. (art. 12), are fully included; and
this protection applies (art. 13) to the mechanical reproduction of
music, with the proviso that this application shall not be retroactive
and shall be regulated in each country by domestic legislation.
Infringing mechanical musical appliances may be seized on importation
even though lawful in the country from which they come. Cinematograph
and analogous productions of literary, scientific or artistic works are
included (art. 14) as subject to copyright protection.
{Sidenote: Other provisions}
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