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
{Sidenote: Buenos Aires conference and convention, 1910}
At the fourth Pan American conference, held at Buenos Aires in
1910,--twenty powers, including all the South American countries except
Bolivia, being represented,--the fourth copyright convention was signed
August 11, 1910. It undertakes to "acknowledge and protect the rights of
literary and artistic property," and includes (art. 2) with dramatic and
musical works those of a choregraphic character. It retains (art. 4) the
definition of the scope of copyright. The provision as to the indicated
author is continued (art. 5) in more precise language. It substitutes
for the previous cumbrous method the simple provision (art. 3) "the
acknowledgment of a copyright obtained in one State, in conformity with
its laws, shall produce its effects of full right in all the other
States without the necessity of complying with any other formality,
provided always there shall appear in the work a statement that
indicates the reservation of the property right." It continues (art. 6)
the Mexico provisions as to copyright duration. The country of origin is
further defined (art. 7) as "that of its first publication in America,"
and in case of simultaneous publication in several of the signatory
countries, then that having the shortest term of protection. It
specially provides (art. 8) that a work shall not acquire copyright
through subsequent editions. It continues also (art. 9) the provisions
for copyright in translations. It provides (art. 11) for the protection
of "literary, scientific, or artistic writings, ... published in
newspapers or magazines." But other articles may be freely reproduced,
on acknowledgment of the source, which, however, is not required for
"news and miscellaneous items published merely for general
information,"--the provisions as to extracts in journals for public
instruction or chrestomathy (art. 12) and those as to public addresses
(art. 10) subject, however, to the internal laws of each state, being
continued. The provisions as to unlawful reproduction (art. 13) are
continued, and seizure of pirated copies (art. 14), police powers (art.
15) and provisions for ratification (art. 16) are the same as in the
Mexico convention, except that the ratifications and denouncements are
to be communicated to the Argentine government. This treaty, approved by
the United States Senate, February 16, 1911, and signed by the
President, waits other ratification to become effective.
{Sidenote: Attorney-General's opinion on ratification}
{Sidenote: Relation with importation provisions}
Public-domain text, read in full here on John Shaqi.
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