The MULTILATERALS PROJECT, The Fletcher School, Tufts University
U.N.T.S. No. 13444, vol. 943, pp. 178-325
UNIVERSAL COPYRIGHT CONVENTION AS REVISED AT PARIS
ON 24 JULY 1971
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 Unpublished works of nationals of each Contracting State shall enjoy in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accords to unpublished works of its own nationals, as well as the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 © 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 1 of 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 works, 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 IV bis. 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 of 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 V bis. 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 V ter and V quater.
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 1 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 V ter and V quater 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 V ter and V quater 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 V ter and V quater 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 V ter and V quater.
Article V ter. 1. (a) Any Contracting State to which article V bis (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 V bis (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 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 V quater 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 V bis (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 an 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, any 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 (2) 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 V quater. 1. Any Contracting State to which article V bis (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 subparagraph (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 sub-paragraph (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 his 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 when 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
audiovisual 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 comes 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 he
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 co-operation 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 I 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 co-existence 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 bc 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 V
bis.
(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 I 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.
PROTOCOL 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 he 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.