Copyright: Its History and Its Law Part 80

{Sidenote: No formalities required}

{Sidenote: [Conditions and formalities of country of origin]}

The enjoyment and the exercise of such rights are not subject to any formality; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work.

Consequently, apart from the stipulations of the present Convention, the extent of the protection, as well as the means of redress guaranteed to the author to safeguard his rights, are regulated exclusively according to the legislation of the country where the protection is claimed.

{Sidenote: Definition of country of origin}

The following is considered as the country of origin of the work: for unpublished works, the country to which the author belongs; for published works, the country of first publication, and for works published simultaneously in several countries of the Union, the country among them whose legislation grants the shortest term of protection. For works published simultaneously in a country outside of the Union and in a country within the Union, it is the latter country which is exclusively considered as the country of origin.

{Sidenote: Published works}

By published works ("_oeuvres publiees_") must be understood, according to the present Convention, works which have been issued ("_oeuvres editees_"). The representation of a dramatic or dramatico-musical work, the performance of a musical work, the exhibition of a work of art and the construction of a work of architecture do not const.i.tute publication.

ARTICLE 5

{Sidenote: Authors of countries of the Union first published in another country}

Authors within the jurisdiction of one of the countries of the Union who publish their works for the first time in another country of the Union, have in this latter country the same rights as national authors.

ARTICLE 6

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

Authors not within the jurisdiction of any one of the countries of the Union, who publish for the first time their works in one of these countries, enjoy in that country the same rights as national authors, and in the other countries of the Union the rights accorded by the present Convention.

ARTICLE 7

{Sidenote: Term of protection life and 50 years}

The term of protection granted by the present Convention comprises the life of the author and fifty years after his death.

{Sidenote: If not adopted, laws of country to govern term}

In case this term, however, should not be adopted uniformly by all the countries of the Union, the duration of the protection shall be regulated by the law of the country where protection is claimed, and can not exceed the term granted in the country of origin of the work. The contracting countries will consequently be required to apply the provision of the preceding paragraph only to the extent to which it agrees with their domestic law.

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

For photographic works and works obtained by a process a.n.a.logous to photography, for posthumous works, or anonymous or pseudonymous works, the term of protection is regulated by the law of the country where protection is claimed, but this term may not exceed the term fixed in the country of origin of the work.

ARTICLE 8

{Sidenote: Exclusive right of translation}

Authors of unpublished works within the jurisdiction of one of the countries of the Union, and authors of works published for the first time in one of these countries enjoy in the other countries of the Union during the whole term of the right in the original work the exclusive right to make or to authorize the translation of their works.

ARTICLE 9

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

Serial stories (_romans-feuilletons_), novels and all other works, whether literary, scientific or artistic, whatever may be their subject, published in newspapers or periodicals of one of the countries of the Union, may not be reproduced in the other countries without the consent of the authors.

{Sidenote: Reproduction of newspaper articles}

With the exception of serial stories and of novels ("_des romans-feuilletons et des nouvelles_") any newspaper article may be reproduced by another newspaper if reproduction has not been expressly forbidden. The source, however, must be indicated. The confirmation of this obligation shall be determined by the legislation of the country where protection is claimed.

{Sidenote: News matter not protected}

The protection of the present Convention does not apply to news of the day or to miscellaneous news having the character merely of press information.

ARTICLE 10

{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 11

{Sidenote: Representation of dramatic or dramatico-musical works}

The stipulations of the present Convention apply to the public representation of dramatic or dramatico-musical works and to the public performance of musical works, whether these works are published or not.

{Sidenote: Representation of translations}

Authors of dramatic or dramatico-musical works are protected, during the term of their copyright in the original work, against the unauthorized public representation of a translation of their works.

{Sidenote: Notice of prohibition of performance not required}

In order to enjoy the protection of this article, authors, in publis.h.i.+ng their works, are not obliged to prohibit the public representation or public performance of them.

ARTICLE 12

{Sidenote: Adaptations, etc., considered as infringements}

Unauthorized indirect appropriations of a literary or artistic work of various kinds such as adaptations, arrangements of music, transformations of a romance or novel or of a poem into a theatrical piece and vice versa, etc., are specially included amongst the illicit reproductions to which the present Convention applies, when they are only the reproduction of such work in the same form or in another form with non-essential alterations, or abridgements, so made as not to confer the character of a new original work.

ARTICLE 13

{Sidenote: Adaptation of musical works to mechanical instruments}