Copyright: Its History and Its Law Part 84

ARTICLE 7

{Sidenote: Newspaper articles}

Newspaper articles may be reproduced upon quoting the publication from which they are taken. From this provision articles relating to the sciences or arts, and the reproduction of which shall have been prohibited by the authors are excepted.

ARTICLE 8

{Sidenote: Addresses}

Speeches p.r.o.nounced or read in deliberative a.s.semblies, before tribunals of justice, or in public meetings, may be published in the public press without any authorization whatsoever.

ARTICLE 9

{Sidenote: Infringements defined}

Under the head of illicit reproductions shall be cla.s.sed all indirect, unauthorized appropriations of a literary or artistic work, which may be designated by different names as adaptations, arrangements, etc., etc., and which are no more than a reproduction without presenting the character of an original work.

ARTICLE 10

{Sidenote: Authority recognized}

The rights of authors.h.i.+p shall be allowed, in the absence of proof to the contrary, in favor of the persons whose names or pseudonyms shall be borne upon the literary or artistic works in question.

If the authors wish to withhold their names, they should inform the editors that the rights of authors.h.i.+p belong to them.

ARTICLE 11

{Sidenote: Each government to exercise supervision}

Those who usurp the right of literary or artistic property shall be brought before the courts and tried according to the laws of the country in which the fraud may have been committed.

ARTICLE 12

{Sidenote: Immoral works}

The recognition of the right of owners.h.i.+p of literary and artistic works shall not prevent the contracting States from preventing by suitable legislation the reproduction, publication, circulation, representation, or exhibition of all works which may be considered contrary to good morals.

ARTICLE 13

{Sidenote: Ratification}

The simultaneous ratification of all the contracting nations shall not be necessary to the effectiveness of this treaty. Those who adopt it will communicate the fact to the Governments of the Argentine Republic and the Eastern Republic of Uruguay, who will inform the other contracting nations. This formality will take the place of an exchange.

ARTICLE 14

{Sidenote: Indefinite period}

The exchange having been made in the manner prescribed in the foregoing article, this treaty shall remain in force for an indefinite period after that act.

ARTICLE 15

{Sidenote: Withdrawals}

If any of the contracting nations should deem it advisable to be released from this treaty, or introduce modifications in it, said nation shall so inform the rest; but it shall not be released until two years after the date of notification, during which time measures will be taken to effect a new arrangement.

ARTICLE 16

{Sidenote: Adherences}

The provisions of Article 13 are extended to all nations who, although not represented in this Congress, may desire to adopt the present treaty.

{Sidenote: Signatories}

The seven countries represented and whose delegates signed the Montevideo treaty were: Argentina, Bolivia, Brazil, Chile, Paraguay, Peru, Uruguay. But the convention was ratified only by Argentina, Paraguay, Uruguay, Peru and Bolivia, and Brazil and Chile did not become partic.i.p.ants. Partic.i.p.ation of Belgium, France, Italy and Spain in this convention was accepted by Argentina and Paraguay, but apparently not by the other countries.

12. MEXICO CITY CONVENTION, 1902

CONVENTION TO PROTECT LITERARY AND ARTISTIC PROPERTY, SIGNED AT MEXICO, JANUARY 27, 1902

ARTICLE 1

{Sidenote: Union to protect literary and artistic property}

The signatory States const.i.tute themselves into a Union for the purpose of recognizing and protecting the rights of literary and artistic property, in conformity with the stipulations of the present Convention.

ARTICLE 2

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

Under the term "literary and artistic works" are comprised books, ma.n.u.scripts, pamphlets of all kinds, no matter what subject they may treat of and what may be the number of their pages; dramatic or melodramatic works; choral music and musical compositions, with or without words; designs, drawings, paintings, sculpture, engravings, photographic works; astronomical and geographical globes; plans, sketches, and plastic works, relating to geography or geology, topography or architecture, or any other science; and, finally, every production in the literary and artistic field which may be published by any method of impression or reproduction.

ARTICLE 3