The Contracting States.
Moved by the desire to ensure 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 resolved to revise the Universal Copyright Convention as signed at Geneva
on 6 September 1952 (hereinafter called “the 1952 Convention”), and
consequently,
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, as well as the protection specially granted by this
Convention.
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 Unpublished works of nationals of each Contracting State shall enjoy in each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unpublished works of its own nationals, as well as the protection specially
granted by this Convention.
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 ă
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 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 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 I1of this Article 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. (a) The term of protection for works protected under this Convention shall
not be less than the life of the author and twenty-five 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 twenty-five years from the
date of first publication.
(b) 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 twenty-five years from the date of first publication or from its
registration prior to publication, as the case may be..
(c) 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 in sub-paragraphs (a) and (b).
3. The provisions of paragraph 2 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 work, shall not be less than ten years
for each of said classes of works.
4. (a) 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.
(b) For the purposes of the application of sub-paragraph (a), 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, 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, 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 IVbis
1. The rights referred to in Article I shall include the basic rights ensuring
the author's economic interests, including the exclusive right to authorize
reproduction by any means, public performance and broadcasting. The provisions
of this Article shall extend to works protected under this Convention either in
their original form or in any form recognizably derived from the original.
2. However, any Contracting State may, by its domestic legislation, make
exceptions that do not conflict with the spirit and provisions of this
Convention, to the rights mentioned in paragraph 1 of this Article. Any State
whose legislation so provides, shall nevertheless accord a reasonable degree of
effective protection to each of the rights to which exception has been made.
ARTICLE V
1. The rights referred to in Article I 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:
(a) 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 a language in general use in 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 licence from the competent
authority thereof to translate the work into that language and publish the work
so translated.
(b) Such national shall in accordance with the procedure of the State concerned,
establish 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 licence
may also be granted on the same conditions if all previous editions of a
translation in a language in general use in the Contracting State are out of
print.
(c) If the owner of the right of translation cannot be found, then the applicant
for a licence 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 licence 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.
(d) Due provision shall be made by domestic legislation to ensure to the owner
of the right of translation a compensation which is just and conforms to
international standards, to ensure payment and transmittal of such compensation,
and to ensure a correct translation of the work.
(e) The original title and the name of the author of the work shall be printed
on all copies of the published translation. The licence 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 a language in general use in 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 licences 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 licence shall not be transferred by the
licensee.
(f) The licence shall not be granted when the author has withdrawn from
circulation all copies of the work.
ARTICLE Vbis
1. Any Contracting State regarded as a developing country in conformity with the
established practice of the General Assembly of the United Nations may, by a
notification deposited with the Director-General of the United Nations
Educational, Scientific and Cultural Organization (hereinafter called “the
Director-General”) at the time of its ratification, acceptance or accession or
thereafter, avail itself of any or all of the exceptions provided for in
Articles Vter and Vquater.
2. Any such notification shall be effective for ten years from the date of
coming into force of this Convention, or for such part of that ten-year period
as remains at the date of deposit of the notification, and may be renewed in
whole or in part for further periods of ten years each if, not more than fifteen
or less than three months before the expiration of the relevant ten-year period,
the Contracting State deposits a further notification with the Director-General.
Initial notifications may also be made during these further periods of ten years
in accordance with the provisions of this Article.
3. Notwithstanding the provisions of paragraph 2, a Contracting State that has
ceased to be regarded as a developing country as referred to in paragraph I
shall no longer be entitled to renew its notification made under the provisions
of paragraph 1 or 2, and whether or not it formally withdraws the notification
such State shall be precluded from availing itself of the exceptions provided
for in Articles Vter and Vquater at the end of the current ten-year period, or
at the end of three years after it has ceased to be regarded as a developing
country, whichever period expires later.
4. Any copies of a work already made under the exceptions provided for in
Articles Vter and Vquater may continue to be distributed after the expiration of
the period for which notifications under this Article were effective until their
stock is exhausted.
5. Any Contracting State that has deposited a notification in accordance with
Article XIII with respect to the application of this Convention to a particular
country or territory, the situation of which can be regarded as analogous to
that of the States referred to in paragraph 1 of this Article, may also deposit
notifications and renew them in accordance with the provisions of this Article
with respect to any such country or territory. During the effective period of
such notifications, the provisions of Articles Vter and Vquater may be applied
with respect to such country or territory. The sending of copies from the
country or territory to the Contracting State shall be considered as export
within the meaning of Articles Vter and Vquater.
ARTICLE Vter
1. (a) Any Contracting State to which Article Vbis (1) applies may substitute
for the period of seven years provided for in Article V (2) a period of three
years or any longer period prescribed by its legislation. However, in the case
of a translation into a language not in general use in one or more developed
countries that are party to this Convention or only the 1952 Convention, the
period shall be one year instead of three.
(b) A Contracting State to which Article Vbis (1) applies may, with the
unanimous agreement of the developed countries party to this Convention or only
the 1952 Convention and in which the same language is in general use,
substitute, in the case of translation into that language, for the period of
three years provided for in sub-paragraph (a) another period as determined by
such agreement but not shorter than one year. However, this sub-paragraph shall
not apply where the language in question is English, French or Spanish.
Notification of any such agreement shall be made to the Director-General.
(c) The licence may only be granted if the applicant, in accordance with the
procedure of the State concerned, establishes either that he has requested, and
been denied, authorization by the owner of the right of translation, or that,
after due diligence on his part, he was unable to find the owner of the right.
At the same time as he makes his request he shall inform either the
International Copyright Information Centre established by the United Nations
Educational, Scientific and Cultural Organization or any national or regional
information centre which may have been designated in a notification to that
effect deposited with the Director-General by the government of the State in
which the publisher is believed to have his principal place of business.
(d) If the owner of the right of translation cannot be found, the applicant for
a licence shall send, by registered airmail, copies of his application to the
publisher whose name appears on the work and to any national or regional
information centre as mentioned in sub-paragraph (c). If no such centre is
notified he shall also send a copy to the international copyright information
centre established by the United Nations Educational, Scientific and Cultural
Organization.
2. (a) Licences obtainable after three years shall not be granted under this
Article until a further period of six months has elapsed and licences obtainable
after one year until a further period of nine months has elapsed. The further
period shall begin either from the date of the request for permission to
translate mentioned in paragraph 1(c) or, if the identity or address of the
owner of the right of translation is not known, from the date of dispatch of the
copies of the application for a licence mentioned in paragraph 1 (d).
(b) Licences shall not be granted if a translation has been published by the
owner of the right of translation or with his authorization during the said
period of six or nine months.
3. Any licence under this Article shall be granted only for the purpose of
teaching, scholarship or research.
4. (a) Any licence granted under this Article shall not extend to the export of
copies and shall be valid only for publication in the territory of the
Contracting State where it has been applied for.
(b) Any copy published in accordance with a licence granted under this Article
shall bear a notice in the appropriate language stating that the copy is
available for distribution only in the Contracting State granting the licence.
If the writing bears the notice specified in Article III (1) the copies shall
bear the same notice.
(c) The prohibition of export provided for in sub-paragraph (a) shall not apply
where a governmental or other public entity of a State which has granted a
licence under this Article to translate a work into a language other than
English, French or Spanish sends copies of a translation prepared under such
licence to another country if:
(i) the recipients are individuals who are nationals of the Contracting State
granting the licence, or organizations grouping such individuals;
(ii) the copies are to be used only for the purpose of teaching, scholarship or
research;
(iii) the sending of the copies and their subsequent distribution to recipients
is without the object of commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the
Contracting State to allow the receipt, distribution or both and the
Director-General has been notified of such agreement by any one of the
governments which have concluded it.
5. Due provision shall be made at the national level to ensure:
(a) that the licence provides for just compensation that is consistent with
standards of royalties normally operating in the case of licences freely
negotiated between persons in the two countries concerned; and
(b) payment and transmittal of the compensation; however, should national
currency regulations intervene, the competent authority shall make all efforts,
by the use of international machinery, to ensure transmittal in internationally
convertible currency or its equivalent.
6. Any licence granted by a Contracting State under this Article shall terminate
if a translation of the work in the same language with substantially the same
content as the edition in respect of which the licence was granted is published
in the said State by the owner of the right of translation or with his
authorization, at a price reasonably related to that normally charged in the
same State for comparable works. Any copies already made before the licence is
terminated may continue to be distributed until their stock is exhausted.
7. For works which are composed mainly of illustrations a licence to translate
the text and to reproduce the illustrations may be granted only if the
conditions of Article Vquater are also fulfilled.
8. (a) A licence to translate a work protected under this Convention, published
in printed or analogous forms of reproduction, may also be granted to a
broadcasting organization having its headquarters in a Contracting State to
which Article Vbis (1) applies, upon an application made in that State by the
said organization under the following conditions:
(i) the translation is made from a copy made and acquired in accordance with the
laws of the Contracting State;
(ii) the translation is for use only in broadcasts intended exclusively for
teaching or for the dissemination of the results of specialized technical or
scientific research to experts in a particular profession;
(iii) the translation is used exclusively for the purposes set out in condition
(ii), through broadcasts lawfully made which are intended for recipients on the
territory of the Contracting State, including broadcasts made through the medium
of sound or visual recordings lawfully and exclusively made for the purpose of
such broadcasts;
(iv) sound or visual recordings of the translation may be exchanged only between
broadcasting organizations having their headquarters in the Contracting State
granting the licence; and
(v) all uses made of the translation are without any commercial purpose.
(b) Provided all of the criteria and conditions set out in sub-paragraph (a) are
met, a licence may also be granted to a broadcasting organization to translate
any text incorporated in air audio-visual fixation which was itself prepared and
published for the sole purpose of being used in connexion with systematic
instructional activities.
(c) Subject to sub-paragraphs (a) and (b), the other provisions of this Article
shall apply to the grant and exercise of the licence.
9. Subject to the provisions of this Article, the licence granted under this
Article shall be governed by the provisions of Article V, and shall continue to
be governed by the provisions of Article V and of this Article, even after the
seven-year period provided for in Article V has expired. However, after the said
period has expired, the licensee shall be free to request that the said licence
be replaced by a new licence governed exclusively by the provisions of Article
V.
ARTICLE Vquater
1. Any Contracting State to which Article Vbis (1) applies may adopt the
following provisions:
(a) If, after the expiration of (i) the relevant period specified in
sub-paragraph (c) commencing from the date of first publication of a particular
edition of a literary, scientific or artistic work referred to in paragraph 3,
or (ii) any longer period determined by national legislation of the State,
copies of such edition have not been distributed in that State to the general
public or in connexion with systematic instructional activities at a price
reasonably related to that normally charged in the State for comparable works,
by the owner of the right of reproduction or with his authorization, any
national of such State may obtain a non-exclusive licence from the competent
authority to publish such edition at that or a lower price for use in connexion
with systematic instructional activities. The licence may only be granted if
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 publish such work, or that, after due diligence on
his part, he was unable to find the owner of the right. At the same time as he
makes his request he shall inform either the international copyright information
centre established by the United Nations Educational, Scientific and Cultural
Organization or any national or regional information centre referred to in
sub-paragraph (d).
(b) A licence may also be granted on the same conditions if, for a period of six
months, no authorized copies of the edition in question have been on sale in the
State concerned to the general public or in connexion with systematic
instructional activities at a price reasonably related to that normally charged
in the State for comparable works.
(c) The period referred to in subparagraph (a) shall be five years except that:
(i) for works of the natural and physical sciences, including mathematics, and
of technology, the period shall be three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the
period shall be seven years.
(d) If the owner of the right of reproduction cannot be found, the applicant for
a licence shall send, by registered air mail, copies of his application to the
publisher whose name appears on the work and to any national or regional
information centre identified as such in a notification deposited with the
Director-General by the State in which the publisher is believed to have his
principal place of business. In the absence of any such notification, he shall
also send a copy to the international copyright information centre established
by the United Nations Educational, Scientific and Cultural Organization. The
licence shall not be granted before the expiration of a period of three months
from the date of dispatch of the copies of the application.
(e) Licences obtainable after three years shall not be granted under this
Article:
(i) until a period of six months has elapsed from the date of the request for
permission referred to in sub-paragraph (a) or, if the identity or address of
the owner of the right of reproduction is unknown, from the date of the dispatch
of the copies of the application for a licence referred to in sub-paragraph (d);
(ii) if any such distribution of copies of the edition as is mentioned in
sub-paragraph (a) has taken place during that period.
(f) The name of the author and the title of the particular edition of the work
shall be printed on all copies of the published reproduction. The licence shall
not extend to the export of copies and shall be valid only for publication in
the territory of the Contracting State where it has been applied for. The
licence shall not be transferable by the licensee.
(g) Due provision shall be made by domestic legislation to ensure an accurate
reproduction of the particular edition in question.
(h) A licence to reproduce and publish a translation of a work shall not be
granted under this Article in the following cases:
(i) where the translation was not published by, the owner of the right of
translation or with authorization;
(ii) where the translation is not in a language in general use in the State with
power to grant the licence.
2. The exceptions provided for in paragraph 1 are subject to the following
additional provisions:
(a) Any copy published in accordance with a licence granted under this Article
shall bear a notice in the appropriate language stating that the copy is
available for distribution only in the Contracting State to which the said
licence applies. If the edition bears the notice specified in Article III (1),
the copies shall bear the same notice.
(b) Due provision shall be made at the national level to ensure:
(i) that the licence provides for just compensation that is consistent with
standards of royalties normally operating in the case of licences freely
negotiated between persons in the two countries concerned; and
(ii) payment and transmittal of the compensation; however, should national
currency regulations intervene, the competent authority shall make all efforts,
by the use of international machinery, to ensure transmittal in internationally
convertible currency or its equivalent.
(c) Whenever copies of an edition of a work are distributed in the Contracting
State to the general public or in connexion with systematic instructional
activities, by the owner of the right of reproduction or with his authorization,
at a price reasonably related to that normally charged in the State for
comparable works, any licence granted under this Article shall terminate if such
edition is in the same language and is substantially the same in content as the
edition published under the licence. Any copies already made before the licence
is terminated may continue to be distributed until their stock is exhausted.
(d) No licence shall be granted where the author has withdrawn from circulation
all copies of the edition in question.
3. (a) Subject to sub-paragraph (b), the literary, scientific or artistic works
to which this Article applies shall be limited to works published in printed or
analogous forms of reproduction.
(b) The provisions of this Article shall also apply to reproduction in
audio-visual form of lawfully made audio-visual fixations including any
protected works incorporated therein and to the translation of any incorporated
text into a language in general use in the State with power to grant the
licence; always provided that the audio-visual fixations in question were
prepared and published for the sole purpose of being used in connexion with
systematic instructional activities.
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 this 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 24 July 1971, shall be
deposited with the Director-General and shall remain open for signature by all
States party to the 1952 Convention for a period of 120 days after the date of
this Convention. 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.
ARTICLE IX
1. This Convention shall come into force three months after the deposit of
twelve instruments of ratification, acceptance or accession.
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.
3. Accession to this Convention by a State not party to the 1952 Convention
shall also constitute accession to that Convention; however, if its instrument
of accession is deposited before this Convention conies into force, such State
may make its accession to the 1952 Convention conditional upon the coming into
force of this Convention. After the coming into force of this Convention, no
State may accede solely to the 1952 Convention.
4. Relations between States party to this Convention and States that are party
only to the 1952 Convention, shall be governed by the 1952 Convention. However,
any State party only to the 1952 Convention may, by a notification deposited
with the Director-General, declare that it will admit the application of the
1971 Convention to works of its nationals or works first published in its
territory by all States party to this Convention.
ARTICLE X
1. Each Contracting State undertakes to adopt, in accordance with its
Constitution, such measures as are necessary to ensure the application of this
Convention.
2. It is understood that at the date this Convention comes into force in respect
of any State, that 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 the
Universal Copyright Convention;
(b) to make preparation for periodic revisions of this Convention;
(c) to study any other problems concerning the international protection of
copyright, in cooperation 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 States party to the Universal Copyright Convention as to its
activities.
2. The Committee shall consist of the representatives of eighteen States party
to this Convention or only to the 1952 Convention.
3. The Committee shall be selected with due consideration to a fair balance of
national interests on the basis of geographical location, population, languages
and stage of development.
4. The Director-General of the United Nations Educational, Scientific and
Cultural Organization, the Director-General of the World Intellectual Property
Organization 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 whenever
it deems necessary, or at the request of at least ten States party to this
Convention.
ARTICLE XIII
1. 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 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.
2. However, nothing in this Article shall be understood as implying the
recognition or tacit acceptance by a Contracting State of the factual situation
concerning a country or territory to which this Convention is made applicable by
another Contracting State in accordance with the provisions of this Article.
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 with respect to which a
notification has been given under Article XIII. The denunciation shall be made
by notification addressed to the Director-General. Such denunciation shall also
constitute denunciation of the 1952 Convention.
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 by the
Director-General, after consultation with the governments concerned, in Arabic,
German, Italian and Portuguese.
3. Any Contracting State or group of Contracting States shall be entitled to
have established by the Director-General other texts in the language of its
choice by arrangement with the Director-General.
4. 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 1 January 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 this Convention.
ARTICLE XVIII
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 Articles XVII and XVIII.
ARTICLE XX
Reservations to this Convention shall not be permitted.
ARTICLE XXI
1. The Director-General shall send duly certified copies of this Convention to
the States interested and to the Secretary-General of the United Nations for
registration by him.
2. 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 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 (hereinafter called “the Berne Union”) and which are
signatories to this Convention,
Desiring to reinforce their mutual relations on the basis of the said Union and
to avoid any conflict which might result from the coexistence of the Berne
Convention and the Universal Copyright Convention,
Recognizing the temporary need of some States to adjust their level of copyright
protection in accordance with their stage of cultural, social and economic
development,
Have, by common agreement, accepted the terms of the following declaration:
(a) Except as provided by paragraph (b), works which, according to the Berne
Convention, have as their country of origin a country which has withdrawn from
the Berne Union after 1 January 1951, shall not be protected by the Universal
Copyright Convention in the countries of the Berne Union;
(b) Where a Contracting State is regarded as a developing country in conformity
with the established practice of the General Assembly of the United Nations, and
has deposited with the Director-General of the United Nations Educational,
Scientific and Cultural Organization, at the time of its withdrawal from the
Berne Union, a notification to the effect that it regards itself as a developing
country, the provisions of paragraph (a) shall not be applicable as long as such
State may avail itself of the exceptions provided for by this Convention in
accordance with Article Vbis;
(c) The Universal Copyright Convention shall not be applicable to the
relationships among countries of the Berne Union in so far 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 Berne Union.
RESOLUTION CONCERNING ARTICLE XI
The Conference for Revision 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
re-election, 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.
PROT0COL 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.