Copyright: Its History and Its Law Part 81

Authors of musical works have the exclusive right to authorize: (1) the adaptation of these works to instruments serving to reproduce them mechanically; (2) the public performance of the same works by means of these instruments.

{Sidenote: Each country to regulate for itself the manner in which Convention shall apply}

The limitations and conditions relative to the application of this article shall be determined by the domestic legislation of each country in its own case; but all limitations and conditions of this nature shall have an effect strictly limited to the country which shall have adopted them.

{Sidenote: Provision not retroactive}

The provisions of paragraph 1 have no retroactive effect, and therefore are not applicable in a country of the Union to works which, in that country, shall have been lawfully adapted to mechanical instruments before the going into force of the present Convention.

{Sidenote: Importation of mechanical musical appliances}

The adaptations made by virtue of paragraphs 2 and 3 of this article and imported without the authorization of the parties interested into a country where they are not lawful, may be seized there.

ARTICLE 14

{Sidenote: Right of reproduction by cinematograph protected}

Authors of literary, scientific or artistic works have the exclusive right to authorize the reproduction and the public representation of their works by means of the cinematograph.

{Sidenote: Cinematographic productions protected}

Cinematographic productions are protected as literary or artistic works when by the arrangement of the stage effects or by the combination of incidents represented, the author shall have given to the work a personal and original character.

Without prejudice to the rights of the author in the original work, the reproduction by the cinematograph of a literary, scientific or artistic work is protected as an original work.

{Sidenote: Also any a.n.a.logous production}

The preceding provisions apply to the reproduction or production obtained by any other process a.n.a.logous to that of the cinematograph.

ARTICLE 15

{Sidenote: Author's name on work as proof of authors.h.i.+p}

In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to inst.i.tute proceedings against pirates before the courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.

{Sidenote: Publsiher of anonymous or pseudonymous works considered as representative of author}

For anonymous or pseudonymous works, the publisher whose name is indicated on the work is ent.i.tled to protect the rights belonging to the author. He is, without other proof, reputed the lawful representative of the anonymous or pseudonymous author.

ARTICLE 16

{Sidenote: Seizure of pirated copies}

All infringing works may be seized by the competent authorities of the countries of the Union where the original work has a right to legal protection.

Seizure may also be made in these countries of reproductions which come from a country where the copyright in the work has terminated, or where the work has not been protected.

{Sidenote: Seizure to be made according to the laws of each country}

The seizure shall take place conformably to the domestic law of each State.

ARTICLE 17

{Sidenote: Each government to exercise supervision}

The provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibition of any works or productions in regard to which the competent authority may find it necessary to exercise that right.

ARTICLE 18

{Sidenote: Convention to apply to all works not in public domain}

The present Convention applies to all works which, at the moment of its coming into force, have not fallen into the public domain of their country of origin because of the expiration of the term of protection.

But if a work by reason of the expiration of the term of protection which was previously secured for it has fallen into the public domain of the country where protection is claimed, such work will not be protected anew.

{Sidenote: Special conventions and domestic legislation may govern}

This principle will be applied in accordance with the stipulations to that effect contained in the special Conventions either existing or to be concluded between countries of the Union, and in default of such stipulations, its application will be regulated by each country in its own case.

{Sidenote: Provisions to apply to new accessions}

The preceding provisions apply equally in the case of new accessions to the Union and where the term of protection would be extended by the application of Article 7.

ARTICLE 19

{Sidenote: More extensive rights may be granted by domestic legislation}

The provisions of the present Convention do not prevent a claim for the application of more favorable provisions which may be enacted by the legislation of a country of the Union in favor of foreigners in general.

ARTICLE 20

{Sidenote: More extensive rights may be secured by special treaties}

The governments of the countries of the Union reserve the right to make between themselves special treaties, when these treaties would confer upon authors more extended rights than those accorded by the Union, or when they contain other stipulations not conflicting with the present Convention. The provisions of existing treaties which answer the aforesaid conditions remain in force.

ARTICLE 21

{Sidenote: Bureau of the International Union}

The International Office inst.i.tuted under the name of "Bureau of the International Union for the Protection of Literary and Artistic Works"

(_Bureau de l'Union Internationale pour la protection des oeuvres litteraires et artistiques_) is maintained.