Universl Copyright Convention as Revised at Paris

com-law.net 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 Unpublished works of nationals of each Contracting State shall enjoy in each other Contracting State the same protection as that other State accords to unpublished works of its own nationals, as well as the protection specially granted by this Convention.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

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

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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 fillvacancies, the order in which terms of membership expire, eligibilityfor re-election, and election procedures, shall be based upon abalancing of the needs for continuity of membership and rotation ofrepresentation, as well as the considerations set out in article XI

(3).Expresses the wish that the United Nations Educational, Scientific andCultural Organization provide its Secretariat.

IN FAITH WHEREOF the undersigned, having deposited their respective fullpowers, 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 ATPARIS ON 24 JULY 1971 CONCERNING THE APPLICATION OF THAT CONVENTIONTO WORKS OF STATELESS PERSONS AND REFUGEES

The States party hereto, being also party to the Universal CopyrightConvention as revised at Paris on 24 July 1971 (hereinafter called "the1971 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.

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 ATPARIS 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.

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