§ 104. — Subject matter of copyright: National origin.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC104]
TITLE 17--COPYRIGHTS
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec. 104. Subject matter of copyright: National origin
(a) Unpublished Works.--The works specified by sections 102 and 103,
while unpublished, are subject to protection under this title without
regard to the nationality or domicile of the author.
(b) Published Works.--The works specified by sections 102 and 103,
when published, are subject to protection under this title if--
(1) on the date of first publication, one or more of the authors
is a national or domiciliary of the United States, or is a national,
domiciliary, or sovereign authority of a treaty party, or is a
stateless person, wherever that person may be domiciled; or
(2) the work is first published in the United States or in a
foreign nation that, on the date of first publication, is a treaty
party; or
(3) the work is a sound recording that was first fixed in a
treaty party; or
(4) the work is a pictorial, graphic, or sculptural work that is
incorporated in a building or other structure, or an architectural
work that is embodied in a building and the building or structure is
located in the United States or a treaty party; or
(5) the work is first published by the United Nations or any of
its specialized agencies, or by the Organization of American States;
or
(6) the work comes within the scope of a Presidential
proclamation. Whenever the President finds that a particular foreign
nation extends, to works by authors who are nationals or
domiciliaries of the United States or to works that are first
published in the United States, copyright protection on
substantially the same basis as that on which the foreign nation
extends protection to works of its own nationals and domiciliaries
and works first published in that nation, the President may by
proclamation extend protection under this title to works of which
one or more of the authors is, on the date of first publication, a
national, domiciliary, or sovereign authority of that nation, or
which was first published in that nation. The President may revise,
suspend, or revoke any such proclamation or impose any conditions or
limitations on protection under a proclamation.
For purposes of paragraph (2), a work that is published in the United
States or a treaty party within 30 days after publication in a foreign
nation that is not a treaty party shall be considered to be first
published in the United States or such treaty party, as the case may be.
(c) Effect of Berne Convention.--No right or interest in a work
eligible for protection under this title may be claimed by virtue of, or
in reliance upon, the provisions of the Berne Convention, or the
adherence of the United States thereto. Any rights in a work eligible
for protection under this title that derive from this title, other
Federal or State statutes, or the common law, shall not be expanded or
reduced by virtue of, or in reliance upon, the provisions of the Berne
Convention, or the adherence of the United States thereto.
(d) Effect of Phonograms Treaties.--Notwithstanding the provisions
of subsection (b), no works other than sound recordings shall be
eligible for protection under this title solely by virtue of the
adherence of the United States to the Geneva Phonograms Convention or
the WIPO Performances and Phonograms Treaty.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2545; Pub.
L. 100-568, Sec. 4(a)(2), (3), Oct. 31, 1988, 102 Stat. 2855; Pub. L.
105-304, title I, Sec. 102(b), Oct. 28, 1998, 112 Stat. 2862.)
Historical and Revision Notes
house report no. 94-1476
Section 104 of the bill [this section], which sets forth the basic
criteria under which works of foreign origin can be protected under the
U.S. copyright law, divides all works coming within the scope of
sections 102 and 103 into two categories: unpublished and published.
Subsection (a) imposes no qualifications of nationality and domicile
with respect to unpublished works. Subsection (b) would make published
works subject to protection under any one of four conditions:
(1) The author is a national or domiciliary of the United States
or of a country with which the United States has copyright relations
under a treaty, or is a stateless person;
(2) The work is first published in the United States or in a
country that is a party to the Universal Copyright Convention;
(3) The work is first published by the United Nations, by any of
its specialized agencies, or by the Organization of American States;
or
(4) The work is covered by a Presidential proclamation extending
protection to works originating in a specified country which extends
protection to U.S. works ``on substantially the same basis'' as to
its own works.
The third of these conditions represents a treaty obligation of the
United States. Under the Second Protocol of the Universal Copyright
Convention, protection under U.S. Copyright law is expressly required
for works published by the United Nations, by U.N. specialized agencies
and by the Organization of American States.
Amendments
1998--Subsec. (b). Pub. L. 105-304, Sec. 102(b)(1)(G), inserted
concluding provisions.
Subsec. (b)(1). Pub. L. 105-304, Sec. 102(b)(1)(A), substituted
``treaty party'' for ``foreign nation that is a party to a copyright
treaty to which the United States is also a party''.
Subsec. (b)(2). Pub. L. 105-304, Sec. 102(b)(1)(B), substituted
``treaty party'' for ``party to the Universal Copyright Convention''.
Subsec. (b)(3). Pub. L. 105-304, Sec. 102(b)(1)(E), added par. (3).
Former par. (3) redesignated (5).
Subsec. (b)(4). Pub. L. 105-304, Sec. 102(b)(1)(F), substituted
``pictorial, graphic, or sculptural work that is incorporated in a
building or other structure, or an architectural work that is embodied
in a building and the building or structure is located in the United
States or a treaty party'' for ``Berne Convention work''.
Subsec. (b)(5), (6). Pub. L. 105-304, Sec. 102(b)(1)(C), (D),
redesignated par. (3) as (5) and transferred it to appear after par. (4)
and redesignated former par. (5) as (6).
Subsec. (d). Pub. L. 105-304, Sec. 102(b)(2), added subsec. (d).
1988--Subsec. (b)(4), (5). Pub. L. 100-568, Sec. 4(a)(2), added par.
(4) and redesignated former par. (4) as (5).
Subsec. (c). Pub. L. 100-568, Sec. 4(a)(3), added subsec. (c).
Effective Date of 1998 Amendment
Amendment by section 102(b)(1) of Pub. L. 105-304 effective Oct. 28,
1998, except as otherwise provided, and amendment by section 102(b)(2)
of Pub. L. 105-304 effective May 20, 2002, see section 105(a), (b)(2)(C)
of Pub. L. 105-304, set out as a note under section 101 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause
of action arising under this title before such date being governed by
provisions in effect when cause of action arose, see section 13 of Pub.
L. 100-568, set out as a note under section 101 of this title.
Universal Copyright Convention
Paris, 1971
The Universal Copyright Convention was revised at Paris on July 24,
1971. It entered into force for the United States on July 10, 1974. The
text of the Convention, as revised at Paris, is as follows:
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 subparagraphs (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 subparagraph (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 IVbis
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 in 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 Vbis
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 Vter and
Vquater.
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 Vter and
Vquater 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 Vter and Vquater 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 Vter and Vquater 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 Vter and Vquater.
Article Vter
1. (a) Any Contracting State to which Article Vbis (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 Vbis (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 Information 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 Vquater 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 Vbis (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 Vquater
1. Any Contracting State to which Article Vbis (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 sub-paragraph (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 audio-visual 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 license; 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 the
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 1
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
coexistence 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 be
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 Vbis;
(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 1 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 reelection, 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 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 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.
Universal Copyright Convention
Geneva, 1952
The Unesco Universal Copyright Convention was adopted by the
Intergovernmental Copyright Conference at Geneva, Switzerland, on Sept.
6, 1952. It entered into force for the United States on Sept. 16, 1955.
The text of the Convention is as follows: The Contracting States,
Moved by the desire to assure 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 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.
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.
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 of this article 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 of this article 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
III 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. The term of protection for works protected under this Convention
shall not be less than the life of the author and 25 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 25 years from the date of first publication.
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 25 years from the date of
first publication or from its registration prior to publication, as the
case may be.
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 above.
3. The provisions of paragraph 2 of this article 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. 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.
For the purposes of the application of the preceding provision, 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 of this
article, 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 of this
article, 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 V
1. Copyright 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:
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 the national language or languages, as the case
may be, 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 license from the competent authority
thereof to translate the work and publish the work so translated in any
of the national languages in which it has not been published; provided
that 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 make and publish the
translation, or that, after due diligence on his part, he was unable to
find the owner of the right. A license may also be granted on the same
conditions if all previous editions of a translation in such language
are out of print.
If the owner of the right of translation cannot be found, then the
applicant for a license 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 license 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.
Due provision shall be made by domestic legislation to assure to the
owner of the right of translation a compensation which is just and
conforms to international standards, to assure payment and transmittal
of such compensation, and to assure a correct translation of the work.
The original title and the name of the author of the work shall be
printed on all copies of the published translation. The license 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 one of the national
languages of 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 licenses 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 license shall not
be transferred by the licensee.
The license shall not be granted when the author has withdrawn from
circulation all copies of the work.
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 the 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 September 6, 1952,
shall be deposited with the Director-General of the United Nations
Educational, Scientific and Cultural Organization and shall remain open
for signature by all States for a period of 120 days after that date. 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 of the
United Nations Educational, Scientific and Cultural Organization.
Article IX
1. This Convention shall come into force three months after the
deposit of twelve instruments of ratification, acceptance or accession,
among which there shall be those of four States which are not members of
the International Union for the Protection of Literary and Artistic
Works.
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.
Article X
1. Each State party to this Convention undertakes to adopt, in
accordance with its Constitution, such measures as are necessary to
ensure the application of this Convention.
2. It is understood, however, that at the time an instrument of
ratification, acceptance or accession is deposited on behalf of any
State, such 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 the
following duties:
(a) to study the problems concerning the application and operation
of this 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 the Contracting States as to its activities.
2. The Committee shall consist of the representatives of twelve
Contracting States to be selected with due consideration to fair
geographical representation and in conformity with the Resolution
relating to this article, annexed to this Convention.
The Director-General of the United Nations Educational, Scientific
and Cultural Organization, the Director of the Bureau of the
International Union for the Protection of Literary and Artistic Works
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 of this Convention whenever it deems necessary, or at the
request of at least ten Contracting States, or of a majority of the
Contracting States if there are less than twenty Contracting States.
Article XIII
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 of the United
Nations Educational, Scientific and Cultural Organization 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.
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 as to
which a notification has been given under article XIII. The denunciation
shall be made by notification addressed to the Director-General of the
United Nations Educational, Scientific and Cultural Organization.
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 in German,
Italian and Portuguese.
Any Contracting State or group of Contracting States shall be
entitled to have established by the Director-General of the United
Nations Educational, Scientific and Cultural Organization other texts in
the language of its choice by arrangement with the Director-General.
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 January
1, 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 the
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 article XVII and XVIII of this Convention.
Article XX
Reservations to this Convention shall not be permitted.
Article XXI
The Director-General of the United Nations Educational, Scientific
and Cultural Organization shall send duly certified copies of this
Convention to the States interested, to the Swiss Federal Council and to
the Secretary-General of the United Nations for registration by him.
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 Article XIII
of 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, and which are signatories to
the Universal Copyright 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 Convention of Berne and the Universal Convention,
Have, by common agreement, accepted the terms of the following
declaration:
(a) Works which, according to the Berne Convention, have as their
country of origin a country which has withdrawn from the International
Union created by the said Convention, after January 1, 1951, shall not
be protected by the Universal Copyright Convention in the countries of
the Berne Union;
(b) The Universal Copyright Convention shall not be applicable to
the relationships among countries of the Berne Union insofar 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
International Union created by the said Convention.
Resolution Concerning Article XI
The Intergovernmental Copyright Conference
Having considered the problems relating to the Intergovernmental
Committee provided for in Article XI of the Universal Copyright
Convention
resolves
1. The first members of the Committee shall be representatives of
the following twelve States, each of those States designating one
representative and an alternate: Argentina, Brazil, France, Germany,
India, Italy, Japan, Mexico, Spain, Switzerland, United Kingdom, and
United States of America.
2. The Committee shall be constituted as soon as the Convention
comes into force in accordance with article XI of this Convention;
3. The Committee shall elect its Chairman and one Vice-Chairman. It
shall establish its rules of procedure having regard to the following
principles:
(a) the normal duration of the term of office of the representatives
shall be six years; with one third retiring every two years;
(b) before the expiration of the term of office of any members, the
Committee shall decide which States shall cease to be represented on it
and which States shall be called upon to designate representatives; the
representatives of those States which have not ratified, accepted or
acceded shall be the first to retire;
(c) the different parts of the world shall be fairly represented;
and 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 Geneva, this sixth day
of September, 1952 in a single copy.
Protocol 1 annexed to the Universal Copyright Convention concerning the
application of that Convention to the works of stateless persons and
refugees
The States parties hereto, being also parties to the Universal
Copyright Convention (hereinafter referred to as the ``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
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 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 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 Geneva this sixth day of September, 1952, 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 Unesco. The Director-General shall send certified
copies to the signatory States, to the Swiss Federal Council and to the
Secretary-General of the United Nations for registration.
Protocol 2 annexed to the Universal Copyright Convention, concerning the
application of that Convention to the works of certain international
organizations
The State parties hereto, being also parties to the Universal
Copyright Convention (hereinafter referred to as the ``Convention''),
Have accepted the following provisions:
1. (a) The protection provided for in article II (1) of the
Convention shall apply to works published for the first time by the
United Nations, by the Specialized Agencies in relationship therewith,
or by the Organisation of American States;
(b) Similarly, article II (2) of the Convention shall apply to the
said organisation or agencies.
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 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 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 Geneva, this sixth day of September, 1952, 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 Unesco.
The Director-General shall send certificated copies to the signatory
States, to the Swiss Federal Council, and to the Secretary-General of
the United Nations for registration.
Protocol 3 annexed to the Universal Copyright Convention concerning the
effective date of instruments of ratification or acceptance of or
accession to that Convention
States parties hereto,
Recognizing that the application of the Universal Copyright
Convention (hereinafter referred to as the ``Convention'') to States
participating in all the international copyright systems already in
force will contribute greatly to the value of the Convention;
Have agreed as follows:
1. Any State party hereto may, on depositing its instrument of
ratification or acceptance of or accession to the Convention, notify the
Director-General of the United Nations Educational, Scientific and
Cultural Organization (hereinafter referred to as ``Director-General'')
that that instrument shall not take effect for the purposes of Article
IX of the Convention until any other State named in such notification
shall have deposited its instrument.
2. The notification referred to in paragraph 1 above shall accompany
the instrument to which it relates.
3. The Director-General shall inform all States signatory or which
have then acceded to the Convention of any notifications received in
accordance with this Protocol.
4. This Protocol shall bear the same date and shall remain open for
signature for the same period as the Convention.
5. It shall be subject to ratification or acceptance by the
signatory States. Any State which has not signed this Protocol may
accede thereto.
6. (a) Ratification or acceptance or accession shall be effected by
the deposit of an instrument to that effect with the Director-General.
(b) This Protocol shall enter into force on the date of deposit of
not less than four instruments of ratification or acceptance or
accession. The Director-General shall inform all interested States of
this date. Instruments deposited after such date shall take effect on
the date of their deposit.
In faith whereof the undersigned, being duly authorized thereto,
have signed this Protocol.
Done at Geneva, the sixth day of September 1952, in the English,
French and the Spanish languages, the three texts being equally
authoritative, in a single copy which shall be annexed to the original
copy of the Convention. The Director-General shall send certified copies
to the signatory States to the Swiss Federal Council, and to the
Secretary-General of United Nations for registration.
Particular Proclamations, Treaties and Conventions Establishing
Copyright Relations Between the United States of America and Other
Countries
The following is based on Treaties in Force, as of January 1, 2003,
published by the Department of State:
By virtue of Presidential proclamations, treaties, and conventions,
the United States has established copyright relations with various other
countries. This note is an attempt to present a complete and annotated
list of those countries.
Proclamations by the President of the United States extending
copyright protection upon compliance with the provisions of the United
States copyright law, to the works of foreign authors prior to July 1,
1909, were issued pursuant to the Act of March 3, 1891 (26 Stat. 1106)
and those issued subsequent to July 1, 1909, were issued under the
provisions of the Act of March 4, 1909 (35 Stat. 1075), as amended by
the Act of December 18, 1919 (41 Stat. 368) and the Act of September 25,
1941 (55 Stat. 732). The Act of March 4, 1909, as amended, became Title
17 of the United States Code when it was codified and enacted into
positive law by the Act of July 30, 1947 (61 Stat. 652). Title 17 of the
United States Code was completely revised by the Act of October 19,
1976, (Public Law 94-553, 90 Stat. 2541), which became fully effective
on January 1, 1978. A number of the proclamations were preceded or
accompanied by exchanges of diplomatic notes which served as the basis
for their issuance.
The period for compliance with the conditions and formalities
prescribed by the copyright law was extended by proclamation with
respect to certain works in the case of a number of countries because of
the disruption or suspension of facilities essential for such compliance
during World War I and World War II. In the case of World War I, this
period for compliance was extended by proclamations issued under the Act
of December 18, 1919 (41 Stat. 368) to fifteen months after the
proclamation, as to works published after August 1, 1914, and before the
proclamation of peace. In the case of World War II, this period was
extended by proclamations issued under the Act of September 25, 1941 (55
Stat. 732) until such time as terminated or suspended, either by the
terms of the proclamation itself or by the issuance of a subsequent
proclamation. A number of the proclamations issued under the 1919 Act
and all of the proclamations issued under the 1941 Act refer to rights
previously granted.
KEY TO SYMBOLS
PROCLAMATIONS
P Proclamation issued pursuant to the Act of March 3, 1891,
the Act of March 4, 1909, and as amended, or Title 17
of the United States Code.
Pm Proclamation including mechanical reproduction rights for
musical works under the United States copyright law.
Px Proclamation providing an extension of time under the Act
of December 18, 1919, for compliance with the
conditions and formalities prescribed by the United
States copyright law.
Pmx Proclamation specifically including provisions similar to
those contained in both ``Pm'' and ``Px''
proclamations.
Pxx Proclamation providing an extension of time under the Act
of September 25, 1941, for compliance with the
conditions and formalities prescribed by the United
States copyright law.
Po Proclamation specifically issued for the purpose of
terminating a proclamation issued under the Act of
September 25, 1941.
TREATIES AND CONVENTIONS
BAC Buenos Aires Convention. Convention on literary and
artistic copyright between the United States and other
American Republics, signed at the Fourth International
Conference of American States at Buenos Aires August
11, 1910. U.S. ratification deposited on May 1, 1911.
Convention proclaimed by the President of the United
States on July 13, 1914.
Berne The Berne Convention for the Protection of Literary and
Artistic Works of September 9, 1886, as revised at
Paris on July 24, 1971. Appearing within parentheses
is the latest Act \27\ of the Convention to which the
listed country is party. The Berne Convention, as
revised at Paris on July 24, 1971, and amended on
October 2, 1979, did not enter into force with respect
to the United States until March 1, 1989.
MCC Mexico City Convention. Convention on literary and
artistic copyrights signed at the Second International
Conference of American States at Mexico City, January
27, 1902, effective June 30, 1908, to which the United
States became a party, effective on that same date. As
regards copyright relations with the United States,
this convention is considered to have been superseded
by adherence of the foreign country and the United
States to the Buenos Aires Convention of August 11,
1910.
UCC Universal Copyright Convention. Done at Geneva September
6, 1952. Came into force on September 16, 1955. United
States became a party, effective on that same date.
UCC Universal Copyright Convention revised.
rev. Done at Paris July 24, 1971. Came into force on July 10,
1974. United States became a party, effective on that
same date.
C Bilateral convention.
Cm Bilateral convention including provisions covering
mechanical reproduction rights for musical works.
T Treaty relating in part to copyright.
Pg Convention for the Protection of Producers of Phonograms
Against Unauthorized Duplication of Their Phonograms.
Done at Geneva October 29, 1971. Entered into force
with respect to the United States on March 10, 1974.
Pcss Convention Relating to the Distribution of Programme-
Carrying Signals Transmitted by Satellite. Done at
Brussels May 21, 1974. Entered into force with respect
to the United States on March 7, 1985.
WTO Member of the World Trade Organization, established
pursuant to the Marrakesh Agreement of April 15, 1994,
to implement the Uruguay Round Agreements. These
Agreements affect, among other things, intangible
property rights, including copyright and other
intellectual property rights. The effective date of
United States membership in the WTO is January 1,
1995. A country's membership in the World Trade
Organization is effective as of the date indicated.
WCT WIPO Copyright Treaty. Adopted at Geneva December 20,
1996. Entered into force March 6, 2002. United States
became a party, effective on that same date.
WPPT WIPO Performances and Phonograms Treaty. Adopted at Geneva
December 20, 1996. Entered into force May 20, 2002.
United States became a party, effective on that same
date.
Proclamations, Treaties, and Conventions Establishing Copyright Relations Between the United States and Other Countries
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effective Date for Party
Country Document Date of Document \28\ Reference
--------------------------------------------------------------------------------------------------------------------------------------------------------
Albania............................ Berne (Paris) July 24, 1971 Mar. 6, 1994 T. Doc. 99-27.
WTO Apr. 15, 1994 Sept. 8, 2000 33 ILM 15.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Algeria............................ UCC Sept. 6, 1952 Aug. 28, 1973 6 UST 2731.
UCC rev. July 24, 1971 July 10, 1974 25 UST 1341.
Berne (Paris) July 24, 1971 Apr. 19, 1998 T. Doc. 99-27.
Andorra............................ UCC Sept. 6, 1952 Sept. 16, 1955 6 UST 2731.
Angola............................. WTO Apr. 15, 1994 Nov. 23, 1996 33 ILM 15.
Antigua and Barbuda................ WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 Mar. 17, 2000 T. Doc. 99-27.
Argentina.......................... Pm Aug. 23, 1934 Aug. 23, 1934 49 Stat. 3413.
BAC Aug. 11, 1910 Apr. 19, 1950 38 Stat. 1785.
UCC Sept. 6, 1952 Feb. 13, 1958 6 UST 2731.
Berne (Paris) July 24, 1971 Feb. 19, 2000 T. Doc. 99-27.
Pg \32\ Oct. 29, 1971 June 30, 1973 25 UST 309.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Armenia............................ UCC Sept. 6, 1952 May 27, 1973 6 UST 2731.
Pcss May 21, 1974 Dec. 13, 1993 T. Doc. 98-31.
Berne (Paris) July 24, 1971 Oct. 19, 2000 T. Doc. 99-27.
Australia \1\...................... Pm Apr. 3, 1918 Mar. 15, 1918 40 Stat. 1764.
Pxx \2\ Dec. 29, 1949 Dec. 29, 1949 64 Stat. A385.
UCC Sept. 6, 1952 May 1, 1969 6 UST 2731.
Pg Oct. 29, 1971 June 22, 1974 25 UST 309.
UCC rev. July 24, 1971 Feb. 28, 1978 25 UST 1341.
Berne (Paris) July 24, 1971 Mar. 1, 1978 T. Doc. 99-27.
Pcss May 21, 1974 Oct. 26, 1990 T. Doc. 98-31.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Austria \3\........................ P Sept. 20, 1907 Sept. 20, 1907 35 Stat. 2155.
P Apr. 9, 1910 July 1, 1909 36 Stat. 2685.
Px May 25, 1922 May 25, 1922 42 Stat. 2273.
Pm Mar. 11, 1925 Aug. 1, 1920 44 Stat. 2571.
Pxx June 15, 1960 June 15, 1960 74 Stat. C69.
UCC Sept. 6, 1952 July 2, 1957 6 UST 2731.
Pcss \31\ May 21, 1974 Aug. 6, 1982 T. Doc. 98-31.
UCC rev. July 24, 1971 Aug. 14, 1982 25 UST 1341.
Pg Oct. 29, 1971 Aug. 21, 1982 25 UST 309.
Berne (Paris) July 24, 1971 Aug. 21, 1982 T. Doc. 99-27.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Azerbaijan......................... UCC Sept. 6, 1952 May 27, 1973 6 UST 2731.
Berne (Paris) July 24, 1971 June 4, 1999 T. Doc. 99-27.
Pg Oct. 29, 1971 Sept. 1, 2001 25 UST 309.
Bahamas, The....................... Berne (Brussels) June 26, 1948 July 10, 1973 331 UNTS 217.
UCC Sept. 6, 1952 Oct. 13, 1976 6 UST 2731.
UCC rev. July 24, 1971 Dec. 27, 1976 25 UST 1341.
Bahrain............................ WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 Mar. 2, 1997 T. Doc. 99-27.
Bangladesh......................... UCC Sept. 6, 1952 Aug. 5, 1975 6 UST 2731.
UCC rev. July 24, 1971 Aug. 5, 1975 25 UST 1341.
Berne (Paris) July 24, 1971 May 4, 1999 T. Doc. 99-27.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Barbados........................... UCC Sept. 6, 1952 June 18, 1983 6 UST 2731.
UCC rev. July 24, 1971 June 18, 1983 25 UST 1341.
Pg Oct. 29, 1971 July 29, 1983 25 UST 309.
Berne (Paris) July 24, 1971 July 30, 1983 T. Doc. 99-27.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Belarus............................ UCC Sept. 6, 1952 May 27, 1973 6 UST 2731.
Berne (Paris) July 24, 1971 Dec. 12, 1997 T. Doc. 99-27.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Belgium............................ P July 1, 1891 July 1, 1891 27 Stat. 981.
P Apr. 9, 1910 July 1, 1909 36 Stat. 2685.
Pm June 14, 1911 July 1, 1909 37 Stat. 1688.
Berne (Paris) July 24, 1971 Sept. 29, 1999 T. Doc. 99-27.
UCC Sept. 6, 1952 Aug. 31, 1960 6 UST 2731.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Belize............................. UCC \20\ Sept. 6, 1952 Dec. 1, 1982 6 UST 2731.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 June 17, 2000 T. Doc. 99-27.
Benin.............................. Berne (Paris) July 24, 1971 Mar. 12, 1975 T. Doc. 99-27.
WTO Apr. 15, 1994 Feb. 22, 1996 33 ILM 15.
Bolivia............................ BAC Aug. 11, 1910 May 15, 1914 38 Stat. 1785.
UCC Sept. 6, 1952 Mar. 22, 1990 6 UST 2731.
UCC rev. July 24, 1971 Mar. 22, 1990 25 UST 1341.
Berne (Paris) July 24, 1971 Nov. 4, 1993 T. Doc. 99-27.
WTO Apr. 15, 1994 Sept. 12, 1995 33 ILM 15.
Bosnia-Herzegovina................. UCC Sept. 6, 1952 May 11, 1966 6 UST 2731.
UCC rev. July 24, 1971 July 10, 1974 25 UST 1341.
Berne (Paris) July 24, 1971 Mar. 1, 1992 T. Doc. 99-27.
Pcss May 21, 1974 Mar. 6, 1992 T. Doc. 98-31.
Botswana........................... WTO Apr. 15, 1994 May 31, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 Apr. 15, 1998 T. Doc. 99-27.
Brazil............................. BAC Aug. 11, 1910 Aug. 31, 1915 38 Stat. 1785.
Pm Apr. 2, 1957 Apr. 2, 1957 8 UST 424.
UCC Sept. 6, 1952 Jan. 13, 1960 6 UST 2731.
Berne (Paris) July 24, 1971 Apr. 20, 1975 T. Doc. 99-27.
Pg Oct. 29, 1971 Nov. 28, 1975 25 UST 309.
UCC rev. July 24, 1971 Dec. 11, 1975 25 UST 1341.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Brunei............................. WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Bulgaria........................... Berne (Paris) July 24, 1971 Dec. 4, 1974 T. Doc. 99-27.
UCC Sept. 6, 1952 June 7, 1975 6 UST 2731.
UCC rev. July 24, 1971 June 7, 1975 25 UST 1341.
Pg Oct. 29, 1971 Sept. 6, 1995 25 UST 309.
WTO Apr. 15, 1994 Dec. 1, 1996 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Burkina Faso....................... Berne (Paris) July 24, 1971 Jan. 24, 1976 T. Doc. 99-27.
Pg Oct. 29, 1971 Jan. 30, 1988 25 UST 309.
WTO Apr. 15, 1994 June 3, 1995 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Burma.............................. WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Burundi............................ WTO Apr. 15, 1994 July 23, 1995 33 ILM 15.
Cambodia \6\....................... UCC Sept. 6, 1952 Sept. 16, 1955 6 UST 2731.
Cameroon........................... UCC Sept. 6, 1952 May 1, 1973 6 UST 2731.
UCC rev. July 24, 1971 July 10, 1974 25 UST 1341.
Berne (Paris) July 24, 1971 Oct. 10, 1974 T. Doc. 99-27.
WTO Apr. 15, 1994 Dec. 13, 1995 33 ILM 15.
Canada \1\......................... Pm Dec. 27, 1923 Jan. 1, 1924 43 Stat. 1932.
UCC Sept. 6, 1952 Aug. 10, 1962 6 UST 2731.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 June 26, 1998 T. Doc. 99-27.
Cape Verde......................... Berne (Paris) July 24, 1971 July 7, 1997 T. Doc. 99-27.
Central African Republic........... Berne (Paris) July 24, 1971 Sept. 3, 1977 T. Doc. 99-27.
WTO Apr. 15, 1994 May 31, 1995 33 ILM 15.
Chad............................... Berne (Brussels) June 26, 1948 Nov. 25, 1971 331 UNTS 217.
WTO Apr. 15, 1994 Oct. 19, 1996 33 ILM 15.
Chile.............................. P May 25, 1896 May 25, 1896 29 Stat. 880.
P Apr. 9, 1910 July 1, 1909 36 Stat. 2685.
Pm Nov. 18, 1925 July 1, 1925 44 Stat. 2590.
BAC Aug. 11, 1910 June 14, 1955 38 Stat. 1785.
UCC Sept. 6, 1952 Sept. 16, 1955 6 UST 2731.
Berne (Paris) July 24, 1971 July 10, 1975 T. Doc. 99-27.
Pg Oct. 29, 1971 Mar. 24, 1977 25 UST 309.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
China.............................. T Oct. 8, 1903 Jan. 13, 1904 33 Stat. 2208.
T Nov. 4, 1946 Nov. 30, 1948 63 Stat. 1299.
P \4\ Mar. 17, 1992 Mar. 17, 1992 57 F. Reg. 9647.
Berne (Paris) July 24, 1971 Oct. 15, 1992 T. Doc. 99-27.
UCC Sept. 6, 1952 Oct. 30, 1992 6 UST 2731.
UCC rev. July 24, 1971 Oct. 30, 1992 25 UST 1341.
Pg Oct. 29, 1971 Apr. 30, 1993 25 UST 309.
WTO Apr. 15, 1994 Dec. 11, 2001 33 ILM 15.
Colombia........................... BAC Aug. 11, 1910 Dec. 23, 1936 38 Stat. 1785.
UCC Sept. 6, 1952 June 18, 1976 6 UST 2731.
UCC rev. July 24, 1971 June 18, 1976 25 UST 1341.
Berne (Paris) July 24, 1971 Mar. 7, 1988 T. Doc. 99-27.
Pg Oct. 29, 1971 May 16, 1994 25 UST 309.
WTO Apr. 15, 1994 Apr. 30, 1995 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Congo.............................. Berne (Paris) July 24, 1971 Dec. 5, 1975 T. Doc. 99-27.
WTO Apr. 15, 1994 Mar. 27, 1997 33 ILM 15.
Congo, Democratic Republic of Berne (Paris) July 24, 1971 Jan. 31, 1975 T. Doc. 99-27.
(formerly Zaire). Pg Oct. 29, 1971 Nov. 29, 1977 25 UST 309.
WTO Apr. 15, 1994 Jan. 1, 1997 33 ILM 15.
Costa Rica......................... P Oct. 19, 1899 Oct. 19, 1899 31 Stat. 1955.
P Apr. 9, 1910 July 1, 1909 36 Stat. 2685.
MCC Jan. 27, 1902 June 30, 1908 35 Stat. 1934.
BAC Aug. 11, 1910 Nov. 30, 1916 38 Stat. 1785.
UCC Sept. 6, 1952 Sept. 16, 1955 6 UST 2731.
Berne (Paris) July 24, 1971 June 10, 1978 T. Doc. 99-27.
UCC rev. July 24, 1971 Mar. 7, 1980 25 UST 1341.
Pg Oct. 29, 1971 June 17, 1982 25 UST 309.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Pcss May 21, 1974 June 25, 1999 T. Doc. 98-31.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Cote d'Ivoire...................... Berne (Paris) July 24, 1971 Oct. 10, 1974 T. Doc. 99-27.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Croatia............................ UCC Sept. 6, 1952 May 11, 1966 6 UST 2731.
UCC rev. July 24, 1971 July 10, 1974 25 UST 1341.
Berne (Paris) July 24, 1971 Oct. 8, 1991 T. Doc. 99-27.
Pcss May 21, 1974 Oct. 8, 1991 T. Doc. 98-31.
Pg Oct. 29, 1971 Apr. 20, 2000 25 UST 309.
WTO Apr. 15, 1994 Nov. 30, 2000 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Cuba............................... P Nov. 17, 1903 Nov. 17, 1903 33 Stat. 2324.
P Apr. 9, 1910 July 1, 1909 36 Stat. 2685.
Pm Nov. 27, 1911 May 29, 1911 37 Stat. 1721.
UCC Sept. 6, 1952 June 18, 1957 6 UST 2731.
WTO Apr. 15, 1994 Apr. 20, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 Feb. 20, 1997 T. Doc. 99-27.
Cyprus............................. Berne (Paris) July 24, 1971 July 27, 1983 T. Doc. 99-27.
UCC Sept. 6, 1952 Dec. 19, 1990 6 UST 2731.
UCC rev. July 24, 1971 Dec. 19, 1990 25 UST 1341.
Pg Oct. 29, 1971 Sept. 30, 1993 25 UST 309.
WTO Apr. 15, 1994 July 30, 1995 33 ILM 15.
Czech Republic \33\................ UCC Sept. 6, 1952 Jan. 6, 1960 6 UST 2731.
UCC rev. July 24, 1971 Apr. 17, 1980 25 UST 1341.
Berne (Paris) July 24, 1971 Jan. 1, 1993 T. Doc. 99-27.
Pg Oct. 29, 1971 Jan. 1, 1993 25 UST 309.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Czechoslovakia 34, 35.............. Pm Apr. 27, 1927 Mar. 1, 1927 45 Stat. 2906.
Danzig............................. Pm Apr. 7, 1934 Apr. 7, 1934 48 Stat. 1737.
Denmark \5\........................ P May 8, 1893 May 8, 1893 28 Stat. 1219.
P Apr. 9, 1910 July 1, 1909 36 Stat. 2685.
Pmx Dec. 9, 1920 Dec. 9, 1920 41 Stat. 1810.
Pxx Feb. 4, 1952 Feb. 4, 1952 66 Stat. C20.
UCC Sept. 6, 1952 Feb. 9, 1962 6 UST 2731.
Pg Oct. 29, 1971 Mar. 24, 1977 25 UST 309.
Berne (Paris) July 24, 1971 June 30, 1979 T. Doc. 99-27.
UCC rev. July 24, 1971 July 11, 1979 25 UST 1341.
WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Djibouti........................... WTO Apr. 15, 1994 May 31, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 May 13, 2002 T. Doc. 99-27.
Dominica........................... WTO Apr. 15, 1994 Jan. 1, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 Aug. 7, 1999 T. Doc. 99-27.
Dominican Rep...................... MCC Jan. 27, 1902 June 30, 1908 35 Stat. 1934.
BAC Aug. 11, 1910 Oct. 31, 1912 38 Stat. 1785.
UCC Sept. 6, 1952 May 8, 1983 6 UST 2731.
UCC rev. July 24, 1971 May 8, 1983 25 UST 1341.
WTO Apr. 15, 1994 Mar. 9, 1995 33 ILM 15.
Berne (Paris) July 24, 1971 Dec. 24, 1997 T. Doc. 99-27.
Ecuador............................ BAC Aug. 11, 1910 Aug. 31, 1914 38 Stat. 1785.
UCC Sept. 6, 1952 June 5, 1957 6 UST 2731.
Pg Oct. 29, 1971 Sept. 14, 1974 25 UST 309.
UCC rev. July 24, 1971 Sept. 6, 1991 25 UST 1341.
Berne (Paris) July 24, 1971 Oct. 9, 1991 T. Doc. 99-27.
WTO Apr. 15, 1994 Jan. 21, 1996 33 ILM 15.
WCT Dec. 20, 1996 Mar. 6, 2002 T. Doc. 105-17.
WPPT Dec. 20, 1996 May 20, 2002 T. Doc. 105-17.
Egypt.............................. Berne (Paris) July 24, 1971 June 7, 1977 T. Doc. 99-27.
Pg Oct. 29, 1971 Apr. 23, 1978 25 UST 309.
WTO Apr. 15, 1994 June 30, 1995 33 ILM 15.
El Salvador........................ MCC Jan. 27, 1902 June 30, 1908 35 Stat. 1934.
Pg Oct. 29, 1971 Feb. 9, 1979 25 UST 309.
UCC Sept. 6, 1952 Mar. 29, 1979 6 UST 2731.
UCC rev. July 24, 1971 Mar. 29, 1979 25 UST 1341.
Berne (Paris) July 24, 1971 Feb. 19, 1994 T. Doc. 99-27.
WTO Apr. 15, 1994 May 7, 1995 33 ILM 15.
WCT Dec. 20, 1996 Mar