§ 104. —  Subject matter of copyright: National origin.

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    (a) Unpublished Works.--The works specified by sections 102 and 103, 
while unpublished, are subject to protection under this title without 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