Copyright: Its History and Its Law Part 83

ARTICLE 28

{Sidenote: Convention to be ratified}

The present Convention shall be ratified, and the ratifications exchanged at Berlin, not later than the first of July, 1910.

{Sidenote: Exchange of ratifications}

Each contracting party shall send, for the exchange of ratifications, a single instrument, which shall be deposited, with those of the other countries, in the archives of the Government of the Swiss Confederation.

Each party shall receive in return a copy of the _proces-verbal_ of the exchange of ratifications, signed by the Plenipotentiaries who shall have taken part therein.

ARTICLE 29

{Sidenote: Convention to take effect three months after exchange of ratifications}

The present Convention shall be put in force three months after the exchange of the ratifications, and shall remain in effect for an indefinite period until the termination of a year from the day on which it may have been denounced.

{Sidenote: Denunciation of Convention}

This denunciation shall be addressed to the Government of the Swiss Confederation. It shall only take effect in respect of the country which shall have made it, the Convention remaining operative for the other countries of the Union.

ARTICLE 30

{Sidenote: Adoption of term of life and 50 years to be notified}

The States which introduce into their legislation the term of protection of fifty years,[4] provided for by Article 7, paragraph 1, of the present Convention, shall make it known to the Government of the Swiss Confederation by a written notification which shall be communicated at once by that Government to all the other countries of the Union.

{Sidenote: Notice shall be given of renouncement of any reservations}

It shall be the same for such States as shall renounce any reservations made by them in virtue of Articles 25, 26, and 27.

{Sidenote: Signature}

In testimony of which, the respective Plenipotentiaries have signed the present Convention and have attached thereto their seals.

{Sidenote: Date of signing, November 13, 1908}

Done at Berlin, the thirteenth of November, one thousand nine hundred eight, in a single copy, which shall be deposited in the archives of the Government of the Swiss Confederation, and of which copies, properly certified, shall be sent through diplomatic channels to the contracting countries.

Footnote 4: Article 7 provides for a general term of protection for life and fifty years.

IV

PAN AMERICAN UNION: CONVENTIONS

II. MONTEVIDEO CONVENTION, 1889

TREATY ON LITERARY AND ARTISTIC COPYRIGHT ADOPTED JANUARY 11, 1889

ARTICLE 1

{Sidenote: Union to protect literary and artistic property}

The contracting States promise to recognize and protect the rights of literary and artistic property, according to the provisions of the present treaty.

ARTICLE 2

{Sidenote: Authors shall enjoy rights secured in country of origin}

The author of any literary or artistic work, and his successors, shall enjoy in the contracting States the rights accorded him by the law of the State in which its original publication or production took place.

ARTICLE 3

{Sidenote: Definition of copyright}

The author's right of owners.h.i.+p in a literary or artistic work shall comprise the right to dispose of it, to publish it, to convey it to another, to translate it or to authorize its translation, and to reproduce it in any form whatsoever.

ARTICLE 4

{Sidenote: Term not to exceed that of country of origin}

No State shall be obliged to recognize the right to literary or artistic property for a longer period than that allowed to authors who obtain the same right in that State. This period may be limited to that prescribed in the country where it originates, if such period be the shorter.

ARTICLE 5

{Sidenote: Definition of "literary and artistic work"}

By the expression literary or artistic works is understood all books, pamphlets, or other writings, dramatic or dramatico-musical works, chorographies, musical compositions with or without words, drawings, paintings, sculptures, engravings, photographs, lithographs, geographical maps, plans, sketches, and plastic works relating to geography, topography, architecture, or to the sciences in general; and finally every production in the field of literature or art which may be published in any way by printing or reproduction.

ARTICLE 6

{Sidenote: Translation rights}

The translators of works of which a copyright either does not exist or has expired, shall enjoy with respect to their translations the rights declared in Article 3, but they shall not prevent the publication of other translations of the same work.