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of the Universal Copyright
Convention,
Having considered the problems relating to the Intergovernmental
Committee provided for in Article XI of this Convention, to which
this resolution is annexed,
Resolves that:
1. At its inception, the Committee shall include representatives
of the twelve States members of the Intergovernmental Committee
established under Article XI of the 1952 Convention and the
resolution annexed to it, and, in addition, representatives of the
following States: Algeria, Australia, Japan, Mexico, Senegal and
Yugoslavia.
2. Any States that are not party to the 1952 Convention and have
not acceded to this Convention before the first ordinary session of
the Committee following the entry into force of this Convention
shall be replaced by other States to be selected by the Committee
at its first ordinary session in conformity with the provisions of
Article XI (2) and (3).
3. As soon as this Convention comes into force the Committee as
provided for in paragraph 1 shall be deemed to be constituted in
accordance with Article XI of this Convention.
4. A session of the Committee shall take place within one year
after the coming into force of this Convention; thereafter the
Committee shall meet in ordinary session at intervals of not more
than two years.
5. The Committee shall elect its Chairman and two Vice-Chairmen.
It shall establish its Rules of Procedure having regard to the
following principles:
(a) The normal duration of the term of office of the members
represented on the Committee shall be six years with one-third
retiring every two years, it being however, understood that, of the
original terms of office, one-third shall expire at the end of the
Committee's second ordinary session which will follow the entry
into force of this Convention, a further third at the end of its
third ordinary session, and the remaining third at the end of its
fourth ordinary session.
(b) The rules governing the procedure whereby the Committee shall
fill vacancies, the order in which terms of membership expire,
eligibility for reelection, and election procedures, shall be based
upon a balancing of the needs for continuity of membership and
rotation of representation, as well as the considerations set out
in Article XI(3).
Expresses the wish that the United Nations Educational,
Scientific and Cultural Organization provide its Secretariat.
In faith whereof the undersigned, having deposited their
respective full powers, have signed this Convention.
Done at Paris, this twenty-fourth day of July 1971, in a single
copy.
PROTOCOL 1
ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION AS REVISED AT PARIS
ON 24 JULY 1971 CONCERNING THE APPLICATION OF THAT CONVENTION TO
WORKS OF STATELESS PERSONS AND REFUGEES
The States party hereto, being also party to the Universal
Copyright Convention as revised at Paris on 24 July 1971
(hereinafter called "the 1971 Convention"),
Have accepted the following provisions:
1. Stateless persons and refugees who have their habitual
residence in a State party to this Protocol shall, for the purposes
of the 1971 Convention, be assimilated to the nationals of that
State.
2. (a) This Protocol shall be signed and shall be subject to
ratification or acceptance, or may be acceded to, as if the
provisions of Article VIII of the 1971 Convention applied hereto.
(b) This Protocol shall enter into force in respect of each
State, on the date of deposit of the instrument of ratification,
acceptance or accession of the State concerned or on the date of
entry into force of the 1971 Convention with respect to such State,
whichever is the later.
(c) On the entry into force of this Protocol in respect of a
State not party to Protocol 1 annexed to the 1952 Convention, the
latter Protocol shall be deemed to enter into force in respect of
such State.
In faith whereof the undersigned, being duly authorized thereto,
have signed this Protocol.
Done at Paris this twenty-fourth day of July 1971, in the
English, French and Spanish languages, the three texts being
equally authoritative, in a single copy which shall be deposited
with the Director-General of the United Nations Educational,
Scientific and Cultural Organization. The Director-General shall
send certified copies to the signatory States, and to the
Secretary-General of the United Nations for registration.
PROTOCOL 2
ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION AS REVISED AT PARIS
ON 24 JULY 1971 CONCERNING THE APPLICATION OF THAT CONVENTION TO
THE WORKS OF CERTAIN INTERNATIONAL ORGANIZATIONS
The States party hereto, being also party to the Universal
Copyright Convention as revised at Paris on 24 July 1971
(hereinafter called "the 1971 Convention"),
Have accepted the following provisions:
1. (a) The protection provided for in Article II (1) of the 1971
Convention shall apply to works published for the first time by the
United Nations, by the Specialized Agencies in relationship
therewith, or by the Organization of American States.
(b) Similarly, Article II (2) of the 1971 Convention shall apply
to the said organization or agencies.
2. (a) This Protocol shall be signed and shall be subject to
ratification or acceptance, or may be acceded to, as if the
provisions of Article VIII of the 1971 Convention applied hereto.
(b) This Protocol shall enter into force for each State on the
date of deposit of the instrument of ratification, acceptance or
accession of the State concerned or on the date of entry into force
of the 1971 Convention with respect to such State, whichever is the
later.
In faith whereof the undersigned, being duly authorized thereto,
have signed this Protocol.
Done at Paris, this twenty-fourth day of July 1971, in the
English, French and Spanish languages, the three texts being
equally authoritative, in a single copy which shall be deposited
with the Director-General of the United Nations Educational,
Scientific and Cultural Organization. The Director-General shall
send certified copies to the signatory States, and to the
Secretary-General of the United Nations for registration.
UNIVERSAL COPYRIGHT CONVENTION
GENEVA, 1952
The Unesco Universal Copyright Convention was adopted by the
Intergovernmental Copyright Conference at Geneva, Switzerland, on
Sept. 6, 1952. It entered into force for the United States on Sept.
16, 1955.
The text of the Convention is as follows: The Contracting States,
Moved by the desire to assure in all countries copyright
protection of literary, scientific and artistic works,
Convinced that a system of copyright protection appropriate to
all nations of the world and expressed in a universal convention,
additional to, and without impairing international systems already
in force, will ensure respect for the rights of the individual and
encourage the development of literature, the sciences and the arts,
Persuaded that such a universal copyright system will facilitate
a wider dissemination of works of the human mind and increase
international understanding,
Have agreed as follows:
ARTICLE I
Each Contracting State undertakes to provide for the adequate and
effective protection of the rights of authors and other copyright
proprietors in literary, scientific and artistic works, including
writings, musical, dramatic and cinematographic works, and
paintings, engravings and sculpture.
ARTICLE II
1. Published works of nationals of any Contracting State and
works first published in that State shall enjoy in each other
Contracting State the same protection as that other State accords
to works of its nationals first published in its own territory.
2. Unpublished works of nationals of each Contracting State shall
enjoy in each other Contracting State the same protection as that
other State accords to unpublished works of its own nationals.
3. For the purpose of this Convention any Contracting State may,
by domestic legislation, assimilate to its own nationals any person
domiciled in that State.
ARTICLE III
1. Any Contracting State which, under its domestic law, requires
as a condition of copyright, compliance with formalities such as
deposit, registration, notice, notarial certificates, payment of
fees or manufacture or publication in that Contracting State, shall
regard these requirements as satisfied with respect to all works
protected in accordance with this Convention and first published
outside its territory and the author of which is not one of its
nationals, if from the time of the first publication all the copies
of the work published with the authority of the author or other
copyright proprietor bear the symbol G6&169; accompanied by the
name of the copyright proprietor and the year of first publication
placed in such manner and location as to give reasonable notice of
claim of copyright.
2. The provisions of paragraph 1 of this article shall not
preclude any Contracting State from requiring formalities or other
conditions for the acquisition and enjoyment of copyright in
respect of works first published in its territory or works of its
nationals wherever published.
3. The provisions of paragraph 1 of this article shall not
preclude any Contracting State from providing that a person seeking
judicial relief must, in bringing the action, comply with
procedural requirements, such as that the complainant must appear
through domestic counsel or that the complainant must deposit with
the court or an administrative office, or both, a copy of the work
involved in the litigation; provided that failure to comply with
such requirements shall not affect the validity of the copyright,
nor shall any such requirement be imposed upon a national of
another Contracting State if such requirement is not imposed on
nationals of the State in which protection is claimed.
4. In each Contracting State there shall be legal means of
protecting without formalities the unpublished works of nationals
of other Contracting States.
5. If a Contracting State grants protection for more than one
term of copyright and the first term is for a period longer than
one of the minimum periods prescribed in article IV, such State
shall not be required to comply with the provisions of paragraph 1
of this article III in respect of the second or any subsequent term
of copyright.
ARTICLE IV
1. The duration of protection of a work shall be governed, in
accordance with the provisions of article II and this article, by
the law of the Contracting State in which protection is claimed.
2. The term of protection for works protected under this
Convention shall not be less than the life of the author and 25
years after his death.
However, any Contracting State which, on the effective date of
this Convention in that State, has limited this term for certain
classes of works to a period computed from the first publication of
the work, shall be entitled to maintain these exceptions and to
extend them to other classes of works. For all these classes the
term of protection shall not be less than 25 years from the date of
first publication.
Any Contracting State which, upon the effective date of this
Convention in that State, does not compute the term of protection
upon the basis of the life of the author, shall be entitled to
compute the term of protection from the date of the first
publication of the work or from its registration prior to
publication, as the case may be, provided the term of protection
shall not be less than 25 years from the date of first publication
or from its registration prior to publication, as the case may be.
If the legislation of a Contracting State grants two or more
successive terms of protection, the duration of the first term
shall not be less than one of the minimum periods specified above.
3. The provisions of paragraph 2 of this article shall not apply
to photographic works or to works of applied art; provided,
however, that the term of protection in those Contracting States
which protect photographic works, or works of applied art in so far
as they are protected as artistic works, shall not be less than ten
years for each of said classes of works.
4. No Contracting State shall be obliged to grant protection to a
work for a period longer than that fixed for the class of works to
which the work in question belongs, in the case of unpublished
works by the law of the Contracting State of which the author is a
national, and in the case of published works by the law of the
Contracting State in which the work has been first published.
For the purposes of the application of the preceding provision,
if the law of any Contracting State grants two or more successive
terms of protection, the period of protection of that State shall
be considered to be the aggregate of those terms. However, if a
specified work is not protected by such State during the second or
any subsequent term for any reason, the other Contracting States
shall not be obliged to protect it during the second or any
subsequent term.
5. For the purposes of the application of paragraph 4 of this
article, the work of a national of a Contracting State, first
published in a non-Contracting State, shall be treated as though
first published in the Contracting State of which the author is a
national.
6. For the purposes of the application of paragraph 4 of this
article, in case of simultaneous publication in two or more
Contracting States, the work shall be treated as though first
published in the State which affords the shortest term; any work
published in two or more Contracting States within thirty days of
its first publication shall be considered as having been published
simultaneously in said Contracting States.
ARTICLE V
1. Copyright shall include the exclusive right of the author to
make, publish, and authorize the making and publication of
translations of works protected under this Convention.
2. However, any Contracting State may, by its domestic
legislation, restrict the right of translation of writings, but
only subject to the following provisions:
If, after the expiration of a period of seven years from the date
of the first publication of a writing, a translation of such
writing has not been published in the national language or
languages, as the case may be, of the Contracting State, by the
owner of the right of translation or with his authorization, any
national of such Contracting State may obtain a non-exclusive
license from the competent authority thereof to translate the work
and publish the work so translated in any of the national languages
in which it has not been published; provided that such national, in
accordance with the procedure of the State concerned, establishes
either that he has requested, and been denied, authorization by the
proprietor of the right to make and publish the translation, or
that, after due diligence on his part, he was unable to find the
owner of the right. A license may also be granted on the same
conditions if all previous editions of a translation in such
language are out of print.
If the owner of the right of translation cannot be found, then
the applicant for a license shall send copies of his application to
the publisher whose name appears on the work and, if the
nationality of the owner of the right of translation is known, to
the diplomatic or consular representative of the State of which
such owner is a national, or to the organization which may have
been designated by the government of that State. The license shall
not be granted before the expiration of a period of two months from
the date of the dispatch of the copies of the application.
Due provision shall be made by domestic legislation to assure to
the owner of the right of translation a compensation which is just
and conforms to international standards, to assure payment and
transmittal of such compensation, and to assure a correct
translation of the work.
The original title and the name of the author of the work shall
be printed on all copies of the published translation. The license
shall be valid only for publication of the translation in the
territory of the Contracting State where it has been applied for.
Copies so published may be imported and sold in another Contracting
State if one of the national languages of such other State is the
same language as that into which the work has been so translated,
and if the domestic law in such other State makes provision for
such licenses and does not prohibit such importation and sale.
Where the foregoing conditions do not exist, the importation and
sale of such copies in a Contracting State shall be governed by its
domestic law and its agreements. The license shall not be
transferred by the licensee.
The license shall not be granted when the author has withdrawn
from circulation all copies of the work.
ARTICLE VI
"Publication", as used in this Convention, means the reproduction
in tangible form and the general distribution to the public of
copies of a work from which it can be read or otherwise visually
perceived.
ARTICLE VII
This Convention shall not apply to works or rights in works
which, at the effective date of the Convention in a Contracting
State where protection is claimed, are permanently in the public
domain in the said Contracting State.
ARTICLE VIII
1. This Convention, which shall bear the date of September 6,
1952, shall be deposited with the Director-General of the United
Nations Educational, Scientific and Cultural Organization and shall
remain open for signature by all States for a period of 120 days
after that date. It shall be subject to ratification or acceptance
by the signatory States.
2. Any State which has not signed this Convention may accede
thereto.
3. Ratification, acceptance or accession shall be effected by the
deposit of an instrument to that effect with the Director-General
of the United Nations Educational, Scientific and Cultural
Organization.
ARTICLE IX
1. This Convention shall come into force three months after the
deposit of twelve instruments of ratification, acceptance or
accession, among which there shall be those of four States which
are not members of the International Union for the Protection of
Literary and Artistic Works.
2. Subsequently, this Convention shall come into force in respect
of each State three months after that State has deposited its
instrument of ratification, acceptance or accession.
ARTICLE X
1. Each State party to this Convention undertakes to adopt, in
accordance with its Constitution, such measures as are necessary to
ensure the application of this Convention.
2. It is understood, however, that at the time an instrument of
ratification, acceptance or accession is deposited on behalf of any
State, such State must be in a position under its domestic law to
give effect to the terms of this Convention.
ARTICLE XI
1. An Intergovernmental Committee is hereby established with the
following duties:
(a) to study the problems concerning the application and
operation of this Convention;
(b) to make preparation for periodic revisions of this
Convention;
(c) to study any other problems concerning the international
protection of copyright, in co-operation with the various
interested international organizations, such as the United Nations
Educational, Scientific and Cultural Organization, the
International Union for the Protection of Literary and Artistic
Works and the Organization of American States;
(d) to inform the Contracting States as to its activities.
2. The Committee shall consist of the representatives of twelve
Contracting States to be selected with due consideration to fair
geographical representation and in conformity with the Resolution
relating to this article, annexed to this Convention.
The Director-General of the United Nations Educational,
Scientific and Cultural Organization, the Director of the Bureau of
the International Union for the Protection of Literary and Artistic
Works and the Secretary-General of the Organization of American
States, or their representatives, may attend meetings of the
Committee in an advisory capacity.
ARTICLE XII
The Intergovernmental Committee shall convene a conference for
revision of this Convention whenever it deems necessary, or at the
request of at least ten Contracting States, or of a majority of the
Contracting States if there are less than twenty Contracting
States.
ARTICLE XIII
Any Contracting State may, at the time of deposit of its
instrument of ratification, acceptance or accession, or at any time
thereafter, declare by notification addressed to the
Director-General of the United Nations Educational, Scientific and
Cultural Organization that this Convention shall apply to all or
any of the countries or territories for the international relations
of which it is responsible and this Convention shall thereupon
apply to the countries or territories named in such notification
after the expiration of the term of three months provided for in
article IX. In the absence of such notification, this Convention
shall not apply to any such country or territory.
ARTICLE XIV
1. Any Contracting State may denounce this Convention in its own
name or on behalf of all or any of the countries or territories as
to which a notification has been given under article XIII. The
denunciation shall be made by notification addressed to the
Director-General of the United Nations Educational, Scientific and
Cultural Organization.
2. Such denunciation shall operate only in respect of the State
or of the country or territory on whose behalf it was made and
shall not take effect until twelve months after the date of receipt
of the notification.
ARTICLE XV
A dispute between two or more Contracting States concerning the
interpretation or application of this Convention, not settled by
negotiation, shall, unless the States concerned agree on some other
method of settlement, be brought before the International Court of
Justice for determination by it.
ARTICLE XVI
1. This Convention shall be established in English, French and
Spanish. The three texts shall be signed and shall be equally
authoritative.
2. Official texts of this Convention shall be established in
German, Italian and Portuguese.
Any Contracting State or group of Contracting States shall be
entitled to have established by the Director-General of the United
Nations Educational, Scientific and Cultural Organization other
texts in the language of its choice by arrangement with the
Director-General.
All such texts shall be annexed to the signed texts of this
Convention.
ARTICLE XVII
1. This Convention shall not in any way affect the provisions of
the Berne Convention for the Protection of Literary and Artistic
Works or membership in the Union created by that Convention.
2. In application of the foregoing paragraph, a Declaration has
been annexed to the present article. This Declaration is an
integral part of this Convention for the States bound by the Berne
Convention on January 1, 1951, or which have or may become bound to
it at a later date. The signature of this Convention by such States
shall also constitute signature of the said Declaration, and
ratification, acceptance or accession by such States shall include
the Declaration as well as the Convention.
ARTICLE XVIII
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