Copyright: Its History and Its Law Part 76

It is understood that an authorized photograph of a protected work of art shall enjoy legal protection in all the countries of the Union, as contemplated by the said Convention _and the additional act_, for the same period as the princ.i.p.al right of reproduction of the work itself subsists, and within the limits of private arrangements between those who have legal rights.

ARTICLE II

{Sidenote: Authors to enjoy in countries of the Union the rights granted to natives}

Authors of any one of the countries of the Union, or their lawful representatives, shall enjoy in the other countries for their works [whether published in one of those countries or unpublished], _either not published or published for the first time in one of those countries_, the rights which the respective laws do now or may hereafter grant to natives.

{Sidenote: No formalities required}

{Sidenote: Conditions and formalities of country of origin}

The enjoyment of these rights is subject to the accomplishment of the conditions and formalities prescribed by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the said country of origin.

[PARIS DECLARATION]

1. _By the terms of paragraph 2 of Article II of the Convention, the protection granted by the aforementioned Act depends solely on the accomplishment in the country of origin of the work of the conditions and formalities that may be prescribed by the legislation of that country. The same rule applies to the protection of the photographic works mentioned in No. 1 (b), of the modified "Protocole de Cloture."_

[ART. II, PAR. 3, 4]

{Sidenote: Definition of country of origin}

The country of origin of the work is that in which the work is first published, or if such publication takes place simultaneously in several countries of the Union, that one of them in which the shortest term of protection is granted by law.

For unpublished works the country to which the author belongs is considered the country of origin of the work.

PARIS DECLARATION

{Sidenote: Published works}

2. _By "published" works must be understood works actually issued to the public in one of the countries of the Union. Consequently, the representation of a dramatic or dramatico-musical work, the performance of a musical work, the exhibition of a work of art, do not const.i.tute publication in the sense of the aforementioned Acts._

ARTICLE III

{Sidenote: Authors not belonging to countries of the Union also protected if they first publish in a Union country}

[The stipulations of the present Convention apply equally to the publishers of literary and artistic works published in one of the countries of the Union, but of which the authors belong to a country which is not a party to the Union.]

_Authors, not subjects of one of the countries of the Union, but who shall have published or caused to be published for the first time, their literary or artistic works in one of those countries, shall enjoy for those works the protection accorded by the Berne Convention, and by the present additional act._

[ART. II, PAR. 2]

The enjoyments of these rights ... cannot exceed in the other countries the term of protection granted in the said country of origin.

[ART. II, ADD. PAR.]

{Sidenote: Term for photographic, posthumous, anonymous or pseudonymous works}

_Posthumous works are included amongst protected works_.

ARTICLE V

{Sidenote: Exclusive right of translation}

Authors of any of the countries of the Union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorizing the translation of their works [until the expiration of ten years from the publication of the original work in one of the countries of the Union] _during the whole duration of the right in the original work. But the exclusive right of translation shall cease to exist when the author shall not have made use of it within a period of ten years from the first publication of the original_ _work, by publis.h.i.+ng or causing to be published in one of the countries of the Union, a translation in the language for which protection shall be claimed._

{Sidenote: Works published in incomplete parts}

For works published in incomplete parts ("livraisons") the period of ten years commences from the date of publication of the last part of the original work.

{Sidenote: Works published in several volumes}

For works composed of several volumes published at intervals, as well as for bulletins or collections ("cahiers") published by literary or scientific societies, or by private persons, each volume, bulletin, or collection is, with regard to the period of ten years, considered a separate work.

In the cases provided for by the present article, and for the calculation of the period of protection, the 31st of December of the year in which the work was published is admitted as the date of publication.

ARTICLE VII

{Sidenote: Serials and other works in newspapers or periodicals protected}

_Serial stories ("romans-feuilletons"), including novels, published in newspapers or periodicals of one of the countries of the Union, cannot be reproduced, in original or in translation, in the other countries, without the authorization of their authors or of their lawful representatives._

{Sidenote: Reproduction of newspaper articles}

[Articles from newspapers or periodicals published in any of the countries of the Union may be reproduced in original or in translation in the other countries of the Union, unless the authors or publishers have expressly forbidden it. For periodicals it is sufficient if the prohibition is made in a general manner at the beginning of each number of the periodical.]

_This applies equally to other articles in newspapers or periodicals, whenever the authors or publishers shall have expressly declared in the paper or periodical in which they may have published them, that they forbid their reproduction. For periodicals it is sufficient if the prohibition is made in a general way, at the beginning of each number._

_In the absence of prohibition, reproduction will be permitted on condition of indicating the source._

{Sidenote: News matter not protected}

This prohibition cannot in any case apply to articles of political discussion, [or to the reproduction of news of the day or current topics,] _to the news of the day, or to current topics_.

ARTICLE VIII

{Sidenote: Extracts from literary or artistic works}

As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational or scientific purposes or for chrestomathies, the matter is to be decided by the legislation of the different countries of the Union, or by special arrangements existing or to be concluded between them.

ARTICLE IX