Copyright: Its History and Its Law Part 85

{Sidenote: Definition of copyright}

The copyright to literary or artistic work consists in the exclusive right to dispose of the same, to publish, sell, and translate the same, or to authorize its translation, and to reproduce the same in any manner either entirely or partially.

{Sidenote: Exclusive right of translation}

The authors belonging to one of the signatory countries, or their a.s.signs, shall enjoy in the other signatory countries and for the time stipulated in Article 5 the exclusive right to translate their works or to authorize their translation.

ARTICLE 4

{Sidenote: Application for copyright and deposit of two copies}

In order to obtain the recognition of the copyright of a work, it is indispensable that the author or his a.s.signs or legitimate representative, shall address a pet.i.tion to the official department which each Government may designate, claiming the recognition of such right, which pet.i.tion must be accompanied by two copies of his work, said copies to remain in the proper department.

{Sidenote: One additional copy to be deposited for each country}

{Sidenote: Copies and certificates of registration to be transmitted}

If the author or his a.s.signs should desire that this copyright be recognized in any other of the signatory countries, he shall attach to his pet.i.tion a number of copies of his work equal to that of the countries he may therein designate. The said department shall distribute the copies mentioned among those countries, accompanied by a copy of the respective certificate, in order that the copyright of the author may be recognized by them.

Any omissions which the said department may incur in this respect shall not give the author or his a.s.signs any rights to present claims against the State.

ARTICLE 5

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

The authors who belong to one of the signatory countries, or their a.s.signs, shall enjoy in the other countries the rights which their respective laws at present grant, or in the future may grant, to their own citizens, but such right shall not exceed the term of protection granted in the country of its origin.

{Sidenote: Works in parts or in several volumes}

For the works composed of several volumes which are not published at the same time, as well as for bulletins or installments of publications of literary or scientific societies or of private parties, the term of property shall commence to be counted from the date of the publication of each volume, bulletin, or installment.

ARTICLE 6

{Sidenote: Country of first publication country of origin}

The country in which a work is first published shall be considered as the country of its origin, or, if such publication takes place simultaneously in several of the signatory countries, the one whose laws establish the shortest period of protection shall be considered as the country of its origin.

ARTICLE 7

{Sidenote: Translations protected}

Lawful translations shall be protected in the same manner as original works. The translators of works in regard to which there exists no guaranteed right of property, or the right of which may have become extinguished, may secure the right of property for their translations, as established in Article 3, but they shall not prevent the publication of other translations of the same work.

ARTICLE 8

{Sidenote: Newspaper articles}

Newspaper articles may be reproduced, but the publication from which they are taken must be mentioned, and the name of the author given, if it should appear in the same.

ARTICLE 9

{Sidenote: Works bearing names of authors or pseudonyms protected}

Copyright shall be recognized in favor of the persons whose names or acknowledged pseudonyms are stated in the respective literary or artistic work or in the pet.i.tion to which Article 4 of this Convention refers, excepting case of proof to the contrary.

ARTICLE 10

{Sidenote: Addresses}

Addresses delivered or read in deliberative a.s.semblies, before the courts of justice, and in public meetings may be published in the newspaper press without any special authorization.

ARTICLE 11

{Sidenote: Fragments of literary or artistic works}

The reproduction in publications devoted to public instruction or chrestomathy of fragments of literary or artistic works confers no right of property, and may therefore be freely made in all the signatory countries.

ARTICLE 12

{Sidenote: Infringement defined}

All unauthorized indirect use of a literary or artistic work which does not present the character of an original work shall be considered as an unlawful reproduction.

It shall be considered in the same manner unlawful to reproduce in any form an entire work, or the greater part of the same, accompanied by notes or commentaries, under the pretext of literary criticism or of enlargement or completement of an original work.

ARTICLE 13

{Sidenote: Fraudulent copies to be sequestrated, etc.}

All fraudulent works shall be liable to sequestration in the signatory countries in which the original work may have the right of legal protection, without prejudice to the indemnity or punishments to which the falsifiers may be liable according to the laws of the country in which the fraud has been committed.

ARTICLE 14

{Sidenote: Each Government to exercise supervision}

Each one of the Governments of the signatory countries shall remain at liberty to permit, exercise vigilance over, or prohibit the circulation, representation and exposition of any work or production in respect to which the competent authorities shall have power to exercise such right.