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This Convention shall not abrogate multilateral or bilateral
copyright conventions or arrangements that are or may be in effect
exclusively between two or more American Republics. In the event of
any difference either between the provisions of such existing
conventions or arrangements and the provisions of this Convention,
or between the provisions of this Convention and those of any new
convention or arrangement which may be formulated between two or
more American Republics after this Convention comes into force, the
convention or arrangement most recently formulated shall prevail
between the parties thereto. Rights in works acquired in any
Contracting State under existing conventions or arrangements before
the date this Convention comes into force in such State shall not
be affected.
ARTICLE XIX
This Convention shall not abrogate multilateral or bilateral
conventions or arrangements in effect between two or more
Contracting States. In the event of any difference between the
provisions of such existing conventions or arrangements and the
provisions of this Convention, the provisions of this Convention
shall prevail. Rights in works acquired in any Contracting State
under existing conventions or arrangements before the date on which
this Convention comes into force in such State shall not be
affected. Nothing in this article shall affect the provisions of
article XVII and XVIII of this Convention.
ARTICLE XX
Reservations to this Convention shall not be permitted.
ARTICLE XXI
The Director-General of the United Nations Educational,
Scientific and Cultural Organization shall send duly certified
copies of this Convention to the States interested, to the Swiss
Federal Council and to the Secretary-General of the United Nations
for registration by him.
He shall also inform all interested States of the ratifications,
acceptances and accessions which have been deposited, the date on
which this Convention comes into force, the notifications under
Article XIII of this Convention, and denunciations under Article
XIV.
APPENDIX DECLARATION RELATING TO ARTICLE XVII
The States which are members of the International Union for the
Protection of Literary and Artistic Works, and which are
signatories to the Universal Copyright Convention,
Desiring to reinforce their mutual relations on the basis of the
said Union and to avoid any conflict which might result from the
co-existence of the Convention of Berne and the Universal
Convention,
Have, by common agreement, accepted the terms of the following
declaration:
(a) Works which, according to the Berne Convention, have as their
country of origin a country which has withdrawn from the
International Union created by the said Convention, after January
1, 1951, shall not be protected by the Universal Copyright
Convention in the countries of the Berne Union;
(b) The Universal Copyright Convention shall not be applicable to
the relationships among countries of the Berne Union insofar as it
relates to the protection of works having as their country of
origin, within the meaning of the Berne Convention, a country of
the International Union created by the said Convention.
RESOLUTION CONCERNING ARTICLE XI
THE INTERGOVERNMENTAL COPYRIGHT CONFERENCE
Having considered the problems relating to the Intergovernmental
Committee provided for in Article XI of the Universal Copyright
Convention
RESOLVES
1. The first members of the Committee shall be representatives of
the following twelve States, each of those States designating one
representative and an alternate: Argentina, Brazil, France,
Germany, India, Italy, Japan, Mexico, Spain, Switzerland, United
Kingdom, and United States of America.
2. The Committee shall be constituted as soon as the Convention
comes into force in accordance with article XI of this Convention;
3. The Committee shall elect its Chairman and one Vice-Chairman.
It shall establish its rules of procedure having regard to the
following principles:
(a) the normal duration of the term of office of the
representatives shall be six years; with one third retiring every
two years;
(b) before the expiration of the term of office of any members,
the Committee shall decide which States shall cease to be
represented on it and which States shall be called upon to
designate representatives; the representatives of those States
which have not ratified, accepted or acceded shall be the first to
retire;
(c) the different parts of the world shall be fairly represented;
AND 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
Geneva, this sixth day of September, 1952 in a single copy.
Protocol 1 annexed to the Universal Copyright Convention concerning
the application of that Convention to the works of stateless
persons and refugees
The States parties hereto, being also parties to the Universal
Copyright Convention (hereinafter referred to as the "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 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 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 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 Geneva this sixth day of September, 1952, 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 Unesco. The Director-General shall send
certified copies to the signatory States, to the Swiss Federal
Council and to the Secretary-General of the United Nations for
registration.
Protocol 2 annexed to the Universal Copyright Convention,
concerning the application of that Convention to the works of
certain international organizations
The State parties hereto, being also parties to the Universal
Copyright Convention (hereinafter referred to as the "Convention"),
Have accepted the following provisions:
1. (a) The protection provided for in article II (1) of the
Convention shall apply to works published for the first time by the
United Nations, by the Specialized Agencies in relationship
therewith, or by the Organisation of American States;
(b) Similarly, article II (2) of the Convention shall apply to
the said organisation 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 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 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 Geneva, this sixth day of September, 1952, 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 Unesco.
The Director-General shall send certificated copies to the
signatory States, to the Swiss Federal Council, and to the
Secretary-General of the United Nations for registration.
Protocol 3 annexed to the Universal Copyright Convention concerning
the effective date of instruments of ratification or acceptance
of or accession to that Convention
States parties hereto,
Recognizing that the application of the Universal Copyright
Convention (hereinafter referred to as the "Convention") to States
participating in all the international copyright systems already in
force will contribute greatly to the value of the Convention;
Have agreed as follows:
1. Any State party hereto may, on depositing its instrument of
ratification or acceptance of or accession to the Convention,
notify the Director-General of the United Nations Educational,
Scientific and Cultural Organization (hereinafter referred to as
"Director-General") that that instrument shall not take effect for
the purposes of Article IX of the Convention until any other State
named in such notification shall have deposited its instrument.
2. The notification referred to in paragraph 1 above shall
accompany the instrument to which it relates.
3. The Director-General shall inform all States signatory or
which have then acceded to the Convention of any notifications
received in accordance with this Protocol.
4. This Protocol shall bear the same date and shall remain open
for signature for the same period as the Convention.
5. It shall be subject to ratification or acceptance by the
signatory States. Any State which has not signed this Protocol may
accede thereto.
6. (a) Ratification or acceptance or accession shall be effected
by the deposit of an instrument to that effect with the
Director-General.
(b) This Protocol shall enter into force on the date of deposit
of not less than four instruments of ratification or acceptance or
accession. The Director-General shall inform all interested States
of this date. Instruments deposited after such date shall take
effect on the date of their deposit.
In faith whereof the undersigned, being duly authorized thereto,
have signed this Protocol.
Done at Geneva, the sixth day of September 1952, in the English,
French and the Spanish languages, the three texts being equally
authoritative, in a single copy which shall be annexed to the
original copy of the Convention. The Director-General shall send
certified copies to the signatory States to the Swiss Federal
Council, and to the Secretary-General of United Nations for
registration.
PARTICULAR PROCLAMATIONS, TREATIES AND CONVENTIONS ESTABLISHING
COPYRIGHT RELATIONS BETWEEN THE UNITED STATES OF AMERICA AND OTHER
COUNTRIES
The following is based on Treaties in Force, as of January 1,
2004, published by the Department of State:
By virtue of Presidential proclamations, treaties, and
conventions, the United States has established copyright relations
with various other countries. This note is an attempt to present a
complete and annotated list of those countries.
Proclamations by the President of the United States extending
copyright protection upon compliance with the provisions of the
United States copyright law, to the works of foreign authors prior
to July 1, 1909, were issued pursuant to the Act of March 3, 1891
(26 Stat. 1106) and those issued subsequent to July 1, 1909, were
issued under the provisions of the Act of March 4, 1909 (35 Stat.
1075), as amended by the Act of December 18, 1919 (41 Stat. 368)
and the Act of September 25, 1941 (55 Stat. 732). The Act of March
4, 1909, as amended, became Title 17 of the United States Code when
it was codified and enacted into positive law by the Act of July
30, 1947 (61 Stat. 652). Title 17 of the United States Code was
completely revised by the Act of October 19, 1976, (Public Law
94-553, 90 Stat. 2541), which became fully effective on January 1,
1978. A number of the proclamations were preceded or accompanied by
exchanges of diplomatic notes which served as the basis for their
issuance.
The period for compliance with the conditions and formalities
prescribed by the copyright law was extended by proclamation with
respect to certain works in the case of a number of countries
because of the disruption or suspension of facilities essential for
such compliance during World War I and World War II. In the case of
World War I, this period for compliance was extended by
proclamations issued under the Act of December 18, 1919 (41 Stat.
368) to fifteen months after the proclamation, as to works
published after August 1, 1914, and before the proclamation of
peace. In the case of World War II, this period was extended by
proclamations issued under the Act of September 25, 1941 (55 Stat.
732) until such time as terminated or suspended, either by the
terms of the proclamation itself or by the issuance of a subsequent
proclamation. A number of the proclamations issued under the 1919
Act and all of the proclamations issued under the 1941 Act refer to
rights previously granted.
KEY TO SYMBOLS
PROCLAMATIONS
P Proclamation issued pursuant to the Act of March 3,
1891, the Act of March 4, 1909, and as amended, or
Title 17 of the United States Code.
Pm Proclamation including mechanical reproduction rights
for musical works under the United States copyright
law.
Px Proclamation providing an extension of time under the
Act of December 18, 1919, for compliance with the
conditions and formalities prescribed by the United
States copyright law.
Pmx Proclamation specifically including provisions similar
to those contained in both "Pm" and "Px"
proclamations.
Pxx Proclamation providing an extension of time under the
Act of September 25, 1941, for compliance with the
conditions and formalities prescribed by the United
States copyright law.
Po Proclamation specifically issued for the purpose of
terminating a proclamation issued under the Act of
September 25, 1941.
TREATIES AND CONVENTIONS
BAC Buenos Aires Convention. Convention on literary and
artistic copyright between the United States and
other American Republics, signed at the Fourth
International Conference of American States at Buenos
Aires August 11, 1910. U.S. ratification deposited on
May 1, 1911. Convention proclaimed by the President
of the United States on July 13, 1914.
Berne The Berne Convention for the Protection of Literary
and Artistic Works of September 9, 1886, as revised
at Paris on July 24, 1971. Appearing within
parentheses is the latest Act (!27) of the Convention
to which the listed country is party. The Berne
Convention, as revised at Paris on July 24, 1971, and
amended on October 2, 1979, did not enter into force
with respect to the United States until March 1,
1989.
MCC Mexico City Convention. Convention on literary and
artistic copyrights signed at the Second
International Conference of American States at Mexico
City, January 27, 1902, effective June 30, 1908, to
which the United States became a party, effective on
that same date. As regards copyright relations with
the United States, this convention is considered to
have been superseded by adherence of the foreign
country and the United States to the Buenos Aires
Convention of August 11, 1910.
UCC Universal Copyright Convention. Done at Geneva
September 6, 1952. Came into force on September 16,
1955. United States became a party, effective on that
same date.
UCC Universal Copyright Convention revised.
rev. Done at Paris July 24, 1971. Came into force on July
10, 1974. United States became a party, effective on
that same date.
C Bilateral convention.
Cm Bilateral convention including provisions covering
mechanical reproduction rights for musical works.
T Treaty relating in part to copyright.
Pg Convention for the Protection of Producers of
Phonograms Against Unauthorized Duplication of Their
Phonograms. Done at Geneva October 29, 1971. Entered
into force with respect to the United States on March
10, 1974.
Pcss Convention Relating to the Distribution of
Programme-Carrying Signals Transmitted by Satellite.
Done at Brussels May 21, 1974. Entered into force
with respect to the United States on March 7, 1985.
WTO Member of the World Trade Organization, established
pursuant to the Marrakesh Agreement of April 15,
1994, to implement the Uruguay Round Agreements.
These Agreements affect, among other things,
intangible property rights, including copyright and
other intellectual property rights. The effective
date of United States membership in the WTO is
January 1, 1995. A country's membership in the World
Trade Organization is effective as of the date
indicated.
WCT WIPO Copyright Treaty. Adopted at Geneva December 20,
1996. Entered into force March 6, 2002. United States
became a party, effective on that same date.
WPPT WIPO Performances and Phonograms Treaty. Adopted at
Geneva December 20, 1996. Entered into force May 20,
2002. United States became a party, effective on that
same date.
PROCLAMATIONS, TREATIES, AND CONVENTIONS ESTABLISHING COPYRIGHT
RELATIONS BETWEEN THE UNITED STATES AND OTHER COUNTRIES
--------------------------------------------------------------------
Country: Albania
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Mar. 6, 1994
Reference: T. Doc. 99-27.
Document: WTO
Date of, Document: Apr. 15, 1994
Effective Date for Party (!28): Sept. 8, 2000
Reference: 33 ILM 15.
Document: WPPT
Date of, Document: Dec. 20, 1996
Effective Date for Party (!28): May 20, 2002
Reference: T. Doc. 105-17.
Country: Algeria
Document: UCC
Date of, Document: Sept. 6, 1952
Effective Date for Party (!28): Aug. 28, 1973
Reference: 6 UST 2731.
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Apr. 19, 1998
Reference: T. Doc. 99-27.
Document: UCC rev.
Date of, Document: July 24, 1971
Effective Date for Party (!28): July 10, 1974
Reference: 25 UST 1341.
Country: Andorra
Document: UCC
Date of, Document: Sept. 6, 1952
Effective Date for Party (!28): Sept. 16, 1955
Reference: 6 UST 2731.
Country: Angola
Document: WTO
Date of, Document: Apr. 15, 1994
Effective Date for Party (!28): Nov. 23, 1996
Reference: 33 ILM 15.
Country: Antigua and Barbuda
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Mar. 17, 2000
Reference: T. Doc. 99-27..
Document: WTO
Date of, Document: Apr. 15, 1994
Effective Date for Party (!28): Jan. 1, 1995
Reference: 33 ILM 15.
Country: Argentina
Document: BAC
Date of, Document: Aug. 11, 1910
Effective Date for Party (!28): Apr. 19, 1950
Reference: 38 Stat. 1785.
Document: Pm
Date of, Document: Aug. 23, 1934
Effective Date for Party (!28): Aug. 23, 1934
Reference: 49 Stat. 3413.
Document: UCC
Date of, Document: Sept. 6, 1952
Effective Date for Party (!28): Feb. 13, 1958
Reference: 6 UST 2731.
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Feb. 19, 2000
Reference: T. Doc. 99-27.
Document: Pg (!32)
Date of, Document: Oct. 29, 1971
Effective Date for Party (!28): June 30, 1973
Reference: 25 UST 309.
Document: WTO
Date of, Document: Apr. 15, 1994
Effective Date for Party (!28): Jan. 1, 1995
Reference: 33 ILM 15.
Document: WCT
Date of, Document: Dec. 20, 1996
Effective Date for Party (!28): Mar. 6, 2002
Reference: T. Doc. 105-17.
Document: WPPT
Date of, Document: Dec. 20, 1996
Effective Date for Party (!28): May 20, 2002
Reference: T. Doc. 105-17.
Country: Armenia
Document: UCC
Date of, Document: Sept. 6, 1952
Effective Date for Party (!28): May 27, 1973
Reference: 6 UST 2731.
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Oct. 19, 2000
Reference: T. Doc. 99-27.
Document: Pg
Date of, Document: Oct. 29, 1971
Effective Date for Party (!28): Jan. 31, 2003
Reference: 25 UST 309.
Document: Pcss
Date of, Document: May 21, 1974
Effective Date for Party (!28): Dec. 13, 1993
Reference: T. Doc. 98-31.
Document: WTO
Date of, Document: Apr. 15, 1994
Effective Date for Party (!28): Feb. 5, 2003
Reference: 33 ILM 15.
Country: Australia (!1)
Document: Pm
Date of, Document: Apr. 3, 1918
Effective Date for Party (!28): Mar. 15, 1918
Reference: 40 Stat. 1764.
Document: Pxx (!2)
Date of, Document: Dec. 29, 1949
Effective Date for Party (!28): Dec. 29, 1949
Reference: 64 Stat. A385.
Document: UCC
Date of, Document: Sept. 6, 1952
Effective Date for Party (!28): May 1, 1969
Reference: 6 UST 2731.
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Mar. 1, 1978
Reference: T. Doc. 99-27.
Document: UCC rev.
Date of, Document: July 24, 1971
Effective Date for Party (!28): Feb. 28, 1978
Reference: 25 UST 1341.
Document: Pg
Date of, Document: Oct. 29, 1971
Effective Date for Party (!28): June 22, 1974
Reference: 25 UST 309.
Document: Pcss
Date of, Document: May 21, 1974
Effective Date for Party (!28): Oct. 26, 1990
Reference: T. Doc. 98-31.
Document: WTO
Date of, Document: Apr. 15, 1994
Effective Date for Party (!28): Jan. 1, 1995
Reference: 33 ILM 15.
Country: Austria (!3)
Document: P
Date of, Document: Sept. 20, 1907
Effective Date for Party (!28): Sept. 20, 1907
Reference: 35 Stat. 2155.
Document: P
Date of, Document: Apr. 9, 1910
Effective Date for Party (!28): July 1, 1909
Reference: 36 Stat. 2685.
Document: Px
Date of, Document: May 25, 1922
Effective Date for Party (!28): May 25, 1922
Reference: 42 Stat. 2273.
Document: Pm
Date of, Document: Mar. 11, 1925
Effective Date for Party (!28): Aug. 1, 1920
Reference: 44 Stat. 2571.
Document: UCC
Date of, Document: Sept. 6, 1952
Effective Date for Party (!28): July 2, 1957
Reference: 6 UST 2731.
Document: Pxx
Date of, Document: June 15, 1960
Effective Date for Party (!28): June 15, 1960
Reference: 74 Stat. C69.
Document: Berne (Paris)
Date of, Document: July 24, 1971
Effective Date for Party (!28): Aug. 21, 1982
Reference: T. Doc. 99-27.
Document: UCC rev.
Date of, D
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