Universal Copyright Convention (1971)
Release Time:
2007-01-09
Source: National Copyright Administration
(Revised at Paris on 24 July 1971)
The Contracting States, motivated by the desire to ensure copyright protection in all countries for literary, scientific and artistic works; Convinced that a system of copyright protection applicable to all States of the world and established by universal conventions, which is complementary to, and does not prejudice, existing international regimes, will guarantee respect for the rights of the individual and encourage the development of literature, science and the arts; Believing that such a global copyright protection system will promote the wider dissemination and international understanding of the products of the human spirit; Decides to amend the Universal Copyright Convention signed at Geneva on 6 September 1952 (hereinafter referred to as the "1952 Convention"), and to this end agrees as follows:
Article 1 Each Contracting State undertakes to provide full and effective protection of the rights of authors and other copyright holders of literary, scientific and artistic works, including written, musical, dramatic and cinematographic works, as well as paintings, sculptures and sculptures.
Article 2
(1) Works published by a national of any Contracting State and works first published in that State shall enjoy in each other Contracting State the same protection accorded by that other Contracting State to works first published in that State by its nationals, as well as the protection granted by this Convention.
(2) An unpublished work of a national of any Contracting State shall enjoy in each other Contracting State the same protection accorded to unpublished works of its nationals by that other Contracting State, as well as the protection granted by this Convention.
(3) For the purposes of this Convention, any Contracting State may, under its domestic law, treat as a national any person domicile therein.
Article 3
(a) Any Contracting State that is required by its domestic law to perform formalities - such as the delivery of samples, registration, publication of notices, notarization of documents, payment of fees or production and publication in that State - as a condition of copyright protection shall, in respect of all works protected under this Convention and first published outside the territory of that State by authors who are not nationals of that State, The above requirements shall be deemed to be met, provided that all volumes of a work authorized by the author or copyright owner to be published are, from the date of first publication, marked with a symbol indicating the name of the copyright owner, the year of first publication, etc., in such a manner and in such a position as to give attention to the copyright requirements.
(b) Nothing in paragraph (a) of this article shall prejudice the requirements of formalities or other conditions imposed by any Contracting State for the acquisition and enjoyment of copyright in a work first published in its own country or in a work published anywhere by its nationals.
(c) The provisions of paragraph (a) of this article shall not prevent any State Party from requiring that a person seeking judicial assistance must fulfil procedural requirements at the time of the prosecution, such as the appearance of the complainant through a national defender or the submission of the work of the prosecution to the court or the administration, or both; However, failure to fulfil the procedural requirements mentioned above shall not affect the validity of copyright, nor shall such a requirement be imposed on nationals of another Contracting State if it is not applied to nationals of the State in which copyright protection is claimed.
(d) Each Contracting State shall have legal measures for the protection of unpublished works of nationals of other Contracting States, without formalities.
(e) If a Contracting State permits more than one term of copyright protection and the first term is longer than one of the minimum terms set out in Article 4, that State shall not be required to implement the provisions of paragraph (a) of this article for a second or subsequent term of copyright.
Article 4
(1) In accordance with Articles 2 and this Article, the term of copyright protection in a work shall be determined by the law of the Contracting State in which the work claims copyright protection.
(2) a,For works protected by this Convention, the period of protection shall not be less than the lifetime of the author and 25 years after his death. However, if, on the date of entry into force of this Convention for that State, any Contracting State has established the protection of certain types of works for a period of time after the first publication of that work, that Contracting State shall be entitled to maintain its provisions and may extend them to other types of works. For all such works, the term of copyright protection shall not be less than twenty-five years from the date of first publication.
(b) Any Contracting State which, on the date of entry into force of this Convention for that State, has not fixed the period of protection in accordance with the lifetime of the author shall be entitled, as the case may be, to calculate the period of copyright protection from the date of first publication of the work or from the date of registration prior to publication, provided that the period of copyright protection shall not be less than twenty-five years from the date of first publication of the work or the date of registration prior to publication, as the case may be.
(c) If the law of a Contracting State permits two or more consecutive periods of protection, the first period of protection shall not be less than one of the shortest periods provided for in subparagraphs (a) and (b) of this paragraph.
(3) The provisions of paragraph (b) of this Article shall not apply to photographic works or works of applied art; However, in granting protection as works of art to photographic works or works of applied art, these States Parties shall provide for each of these categories of works for a period of not less than ten years.
(d) a,No Contracting State shall protect a work for a longer period than the Contracting State concerned (in the case of an unpublished work, the Contracting State to which the author belongs; In the case of a published work, the period of protection provided by the law of the Contracting State in which the work was first published in respect of the same kind of work to which the work belongs.
(b) For the purposes of subparagraph (a) of this paragraph, if the law of a Contracting State grants two or more consecutive periods of protection, the period of protection of that State shall be deemed to be the sum of those periods. However, if the above-mentioned States grant protection to a particular work in the second or any.
(e) For the purposes of paragraph (4) of this article, works first published in non-Contracting States by nationals of a Contracting State shall be treated as if they were first published in the Contracting State to which the author belongs.
(f) For the purposes of paragraph (4) of this Article, if a work is published simultaneously in two or more Contracting States, the work shall be deemed to have been published first in the Contracting State for the shortest period of protection. Any work published within thirty days of its first publication in two or more Contracting States shall be deemed to have been published simultaneously in those Contracting States.
Article 4 bis
(1) The rights referred to in Article 1 of this Convention shall include fundamental rights guaranteeing the economic interests of the author, including the exclusive right to permit reproduction, public performance and broadcasting by any means. The provisions of this article may extend to all types of works protected by this Convention, whether in their original form or in any form derived from them.
(b) However, any Contracting State may, under its domestic law, make exceptions to the rights referred to in paragraph (a) of this article that are consistent with the spirit and content of this Convention. Any State Party whose law permits exceptions must give reasonable and effective protection to the rights to which exceptions have been made.
Article 5
(1) The rights referred to in Article 1 shall include the exclusive right of authors to translate and authorize translations of works protected by this Convention and to publish and authorize translations of such works.
(2) Any Contracting State may, however, in accordance with its domestic law, restrict the right to translate written works; Subject to the following provisions:
(a) If a translation of a written work has not been published in the common language of that Contracting State by the owner of the right of translation, or with his authorization, at the expiration of seven years from its first publication, any national of that Contracting State may obtain from the competent authority a non-exclusive licence to translate the work in the common language of that Contracting State and to publish the translation.
(b) The national shall prove, in accordance with the provisions in force in the country concerned, that he has, in various cases, made a request to the owner of the right of translation for the translation and the publication of the translation and has not been authorized to do so, or that after considerable efforts he has not been able to locate the owner of the right. A licence may also be granted under the same conditions if all previous translations in the common language of the State Party have been sold out.
(c) If the applicant cannot locate the owner of the right of translation, a copy of the application shall be sent to the publisher named on the work or, if the nationality of the owner of the right of translation is ascertained, to the diplomatic or consular representative of the State in which the owner of the right of translation belongs, or to an agency designated by the Government of that State. The permit shall not be issued before the expiration of two months from the date of sending the copy of the application.
(d) National legislation shall provide for the right to ensure that the owner of the right of translation is compensated fairly and in accordance with international standards, that such compensation is paid and transmitted, and that the work is translated accurately.
(e) Any published copy of the translation shall be printed with the original title and the author's name. The licence shall apply only to the publication of translations in the territory of the Contracting State for which the licence is applied. Copies of such publications may be imported into and sold in the territory of another Contracting State, provided that the common language of that State and the translation of the work are in the same language, and that the law of that State provides for such licensing and does not prohibit its import and sale. In the absence of such conditions, the import and sale of such translations in a Contracting State shall be governed by the laws and agreements of that State. The license shall not be transferred by the licensee.
No license shall be granted when the author has ceased the distribution of all copies of his work.
Article 5 bis
(a) Any State Party which is considered a developing country in accordance with the practice of the General Assembly of the United Nations may, at the time of its ratification, acceptance or accession to this Convention, or at any subsequent date in a notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as the Director-General), declare that it will invoke any or all of the exceptions to Article 5 ter or quater.
(b) any such notification shall be valid for a period of ten years from the date of entry into force of the Convention or for the remainder of the period of ten years at the time of submission of the notification; If notification is submitted to the Director-General not less than fifteen months and not less than three months before the expiry of the current period, the notification may be extended in whole or in part once every ten years. Pursuant to this article, the first notification may also be made during the extended period of ten years.
(c) Notwithstanding the provisions of paragraph (b) of this article, any Contracting Party which is no longer considered to be a developing country within the meaning of paragraph (a) shall no longer be eligible for the extension of its notification as provided for in paragraphs (a) or (b), whether or not it formally withdraws its notification, and shall, at the expiration of the current period of ten years, Or the possibility of losing recourse to the exceptions to article 5 ter and quater three years after it ceases to be considered a developing country.
(d) Reproductions of works made in accordance with the exceptions provided in Article 5 ter and quater may continue to be issued until they are sold out after the expiry of the notice of deposit under this Article.
(e) A Contracting State that has submitted a notification in accordance with Article 13 in respect of a particular country or territory whose situation may be similar to that of the State referred to in paragraph (a), or has submitted or extended such notification in accordance with this Article. The provisions of articles 5 ter and 4 of this Convention shall apply to the States or territories to which they refer during the period in force of such notification. The shipment of copies of works from such countries or territories to Contracting States shall be considered as exports for the purposes of Articles 5 ter and 4.
Article 5 ter
(a) Any Contracting State to which paragraph (a) of article 5 bis applies may replace the period of seven years provided for in article 5 (b) with a period of three years or more provided by the law of that State; If, however, a work is translated into a language that is not in common use in one or more developed countries, which are parties to this Convention or to the 1952 Convention alone, the period shall be one year instead of three.
(b) a period of three years, but not less than one year, for all the countries referred to in Article 5 bis (a), if translation into such language is to be carried out in the same language of this Convention or by the unanimous agreement of the developed countries that are parties only to the 1952 Convention. However, this provision does not apply if the language in question is English, French or Spanish. All such agreements shall be communicated to the Director-General.
(c) The license shall be granted only if the applicant proves, in accordance with the provisions in force in the country concerned, that he has requested authorization from the owner of the right of translation and has not been able to obtain it or, after considerable efforts, has not been able to locate the owner of the right. At the same time as making this request to the right holder, the applicant must also notify the International Copyright Information Centre established by the United Nations Educational, Scientific and Cultural Organization or any national or regional information centre designated in the notification deposited with the Director-General by the Government of the Contracting State in which the publisher has his principal place of business.
(d) If the applicant is unable to locate the owner of the right of translation, a copy of the application shall be sent by registered airmail to the publisher named on the work and also to the information centre of any country or region referred to in subparagraph (C) of this paragraph. If there is no such centre to notify, he shall send a copy of the application to the International Copyright Information Centre established by the United Nations Educational, Scientific and Cultural Organization.
(b) a. A licence to be obtained after three years under this Article shall not be issued until a further six months have elapsed and a licence to be obtained after one year shall not be issued until a further nine months have elapsed. The aforesaid period of six or nine months shall be calculated from the date of application for the permit as provided for in paragraph (1) (c) or, if the identity or address of the owner of the right of translation is unknown, from the date of issue of a copy of the application as provided for in paragraph (1) (d).
b. If the owner of the right of translation, or another person authorized to do so, has published the translation within the aforesaid six or nine months, no further license shall be granted.
c. Any licence referred to in this section shall be issued only for teaching, learning or research purposes.
(d) (a) No licence granted under this Article shall extend to the export of reproductions of works, and the licence shall apply only to publication in the territory of the State for which the licence is applied.
(b) All reproductions of works issued under a licence for publication under this Article shall contain a notice in the relevant language stating that reproductions of works may be distributed only in the Contracting State in which the licence is issued. If the work is published in an advertisement provided for in Article 3 (1), the same advertisement shall be printed in each volume of the translation.
(c) Where a government agency or other public body of a Contracting State has issued a licence under this Article for the translation of a work into a language other than English, French or Spanish, and where that government agency or other public body has sent to another State copies of the translation prepared under the said licence, the provisions of subparagraph (a) of this paragraph concerning the prohibition of export shall not apply if
(1) the addressee is an individual national of the Contracting State to which the licence is issued, or an organization composed of such nationals;
(2) The reproduction of the work is for teaching, study or research purposes only;
(3) The reproduction of the work is sent to the recipient and its further distribution without any profit-making nature, and
(4) The State to which a copy of a work is sent has an agreement with a Contracting State authorizing the receipt or distribution of such copy of a work, or both, and the Government of either party has notified the Director-General of such agreement.
(5) Make appropriate provisions at the national level to ensure that licences are granted for a reasonable remuneration consistent with the standard of royalties normally paid for licences freely negotiated between individuals of the two countries concerned; moreover
B. Guarantee the payment and transmission of such remuneration; Where State controls on exchange exist, the competent authority shall make every effort, through international bodies, to ensure that such remuneration is transmitted in an internationally convertible currency or an equivalent currency.
(6) If, as soon as a translation of a work has been published and distributed in a Contracting State by the owner of the right of translation or by another person authorized by him, the language is the same as the licensed version in that State, the content is substantially the same, and the price is comparable to the price generally charged for similar works in that State, the licence issued by such Contracting State under this Article shall cease to take effect. Copies of works published prior to the revocation of the license may remain in circulation until they are sold out.
(7) For works consisting mainly of pictures, a license for the translation of texts and the reproduction of pictures may be granted only if the conditions laid down in Article 5 quater are also fulfilled.
(8) a licence for the translation of a work protected by this Convention which has been published in print or other similar form of reproduction may also be granted to a broadcaster based in a Contracting State where article 5 bis applies, at the request of that broadcaster in that State, provided that the following conditions are met:
(1) The translation is a copy of the work made and obtained in accordance with the law of that Contracting State;
(2) The translation shall be used only for educational broadcasting or for disseminating the results of technical expertise or scientific research to specialists in a particular profession;
(3) The translation is used exclusively for the purposes referred to in head 2 and is made through lawful broadcasting to listeners in the territory of the State Party, including broadcasting by sound or video recording lawfully made exclusively for that purpose;
(4) Audio or video recordings of translated texts may be exchanged only between broadcasting organizations whose headquarters are located in the Contracting State in which the licence is issued;
(5) All translations are used without any commercial nature.
(b) Broadcasters may also be granted a licence to translate all texts contained in audiovisual materials specially produced and published for use in universities, secondary schools and primary schools, provided that all the criteria and conditions set out in paragraph (A) are met.
(c) Subject to the provisions of subparagraphs (A) and (b) of this paragraph, the other provisions of this Article shall apply to the issuance and use of licenses.
(9) Subject to the provisions of this Article, any licence granted under this Article shall be subject to the provisions of Article 5. Such licenses shall continue to be subject to the provisions of Article 5 and this Article even after the expiry of the seven-year period provided for in Article 5 (b); However, upon the expiration of the said period, the licensee shall be entitled to request that the said license be replaced by a new license subject only to Article 5.
Article 5quater
(a) Any Contracting State to which the provisions of article 5 bis, paragraph (a), apply may adopt the following provisions:
(1) counting from the date of the first publication of a particular edition of a literary, scientific or artistic work referred to in paragraph (3) of this Article, at the expiration of the period specified in paragraph (C)
(2) At the end of the longer period, calculated from the date fixed by the national law of the Contracting State, if copies of such editions of the work are not available in that State, or are authorized by the owner of the right of reproduction, for sale in that State at a price similar to that prevailing in that State, for the purpose of meeting the needs of the general public or of the teaching of schools, secondary schools or primary schools, Any national of that State may apply to the competent authority for a non-exclusive licence to reproduce and publish the version at this price or less for the purposes of teaching in primary, secondary and secondary schools. A licence is granted only if the national proves, in accordance with the provisions in force in the country, that he has made a request for the publication of the work to the right holder and has not been able to obtain authorization or, after considerable efforts, has not been able to locate the right holder. At the same time as making this request to the right holder, the applicant must also notify the International Copyright Information Centre established by the United Nations Educational, Scientific and Cultural Organization, or any national or regional information centre referred to in subparagraph (d) of the application.
(b) Subject to the same conditions, a licence may also be granted if the reproduction of the work authorized by the right holder has been out of stock in that country for six months and is not available to the general public at a price similar to that required of the same work in that country or for the teaching of schools, secondary schools or primary schools.
(c) The term referred to in subparagraph A of this paragraph shall be five years. but
(1) for works relating to mathematics and natural sciences and technology, three years;
(2) Novels, poems, plays and musical works, and books of fine art, for seven years.
(d) If the applicant is unable to locate the owner of the right of reproduction, he shall notify by registered airmail that a copy of the application shall be sent to the publisher named on the work and to any national or international information centre designated in a notification to the Director General by the Government of the country in which the publisher is believed to be the principal centre of business. In the absence of such notification, he shall submit a copy of the application to the International Information Centre established by the United Nations Educational, Scientific and Cultural Organization. No permit shall be issued within three months from the date of issue of a copy of the application.
(e) A licence which may be obtained after three years shall not be granted under this Article if:
(1) less than six months from the date of application for a licence referred to in subparagraph (a) of this paragraph or, if the identity or address of the owner of the right of reproduction is unknown, less than six months from the date of issuance of a copy of the application referred to in subparagraph (d) of this paragraph;
(2) if during this period a copy of the version of the work referred to in subparagraph (a) of this paragraph has been developed.
The name of the author, the name of the author, and the title of the original work shall be printed on all copies of the work reproduced and published. Licensees may not transfer their licenses.
(g) Appropriate measures shall be taken by national law to ensure the accurate reproduction of the original works.
A licence to reproduce and publish a translation of a work shall not be granted under this Article in the following circumstances.
(1) The translation in question is not published by or under the authority of the owner of the translation right;
(2) The translation is not in the language commonly used in the country authorized to issue the license.
(b) The exception to paragraph (a) shall be subject to the following supplementary provisions:
(a) All reproductions of works issued under a licence for publication under this article shall contain a notice in the relevant language stating that the reproductions of the work may be distributed only in the Contracting State to which the licence applies. If the edition contains an advertisement provided for in Article 3 (a), the same advertisement shall be printed in all volumes of the edition.
(b) Make appropriate provisions within the country to ensure
(1) Licences shall be granted for a reasonable remuneration in accordance with the standard of royalties normally paid under licences freely negotiated between individuals of the two countries concerned;
(2) ensure the payment and transmission of such remuneration; Where State controls on exchange exist, the competent authorities shall make every effort, through international bodies, to ensure that such remuneration is transmitted in an internationally convertible currency or its equivalent.
(c) If a copy of a edition of a work is sold in that State Party by or with the authorization of the owner of the reproduction right at a price similar to that of a similar work in that State, for the general public or for the teaching of schools, secondary schools or primary schools, and if the edition is in the same language and in the same basic content as the edition published under the licence, the licence granted under this Article shall be revoked. Copies of works produced before the revocation of the license may be issued until they are sold out.
(D) No license shall be granted when the author has ceased the distribution of all copies of the work in that edition.
(3) Except as provided in subparagraph (B), the literary, scientific or artistic works to which this Article applies are limited to works published in printed form or any other similar form of reproduction.
(b) This Article also applies to protected works legally reproduced in audiovisual form or to audiovisual materials containing protected works, as well as to translations of text portions of such audiovisual materials into the common language of the Contracting State having the authority to issue a licence, for the sole purpose of their use in primary education.
Article 6
The term "publication" as used in this Convention means a copy of a work that is reproduced in tangible form and distributed to the public in a way that can be read or seen.
Article 7
(1) The date of revision of this Convention shall be 24 July 1971, and it shall be deposited with the Director-General and shall be open for signature by all States Parties to the 1952 Convention for a period of 120 days from that date. This Convention is subject to ratification or acceptance by the signatory States.
(2) Any State which has not signed this Convention may accede to it.
(3) Ratification, acceptance or accession to this Convention shall be valid only if the relevant documents are deposited with the Director General.
The ninth article
(a) This Convention shall enter into force three months after the deposit of twelve certificates of ratification, acceptance or accession.
(b) Thereafter, this Convention shall enter into force for each State three months after the deposit of its certificate of ratification, acceptance or accession.
(3) Any State which accedes to this Convention shall also be deemed to have acceded to the 1952 Convention if it has not done so. However, if the deposit of its certificate of accession precedes the entry into force of this Convention, the accession of that State to the 1952 Convention shall be conditional on the entry into force of this Convention. After the entry into force of this Convention, no State shall accede only to the 1952 Convention.
(4) Relations between States parties to this Convention and States parties only to the 1952 Convention shall be subject to the provisions of the 1952 Convention. Any State which is party only to the 1952 Convention may, however, deposit with the Director-General a notification declaring its recognition of the application of the 1971 Convention to works of its nationals and to works of States signatories to this Convention first published in that State.
Article ten
(a) All States Parties undertake to take the necessary measures in accordance with their constitutions to ensure the implementation of this Convention.
(2) It is understood that when this Convention enters into force in any Contracting State, it shall give effect to the provisions of this Convention in accordance with its domestic law.
Article 11
(a) The establishment of an "Intergovernmental Committee" with the following functions:
A. To study the application and implementation of the Universal Copyright Convention;
(b) Make preparations for periodic amendments to this Convention;
(c) In cooperation with the United Nations Educational, Scientific and Cultural Organization, the International Alliance for the Protection of Literary and Artistic Works, the Organization of American States and other relevant international organizations, to study any issues relating to the international protection of copyright;
(d) To inform the States participating in the Universal Copyright Convention of the activities of the Intergovernmental Committee.
(b) The Committee shall be composed of representatives of the eighteen States parties to this Convention or to the 1952 Convention only.
The members of the Committee shall be selected with due regard to the balance of interests of States, taking into account their geographical location, population, language and level of development.
Representatives of 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 may participate in the meetings of the Committee in an advisory capacity.
Article 12
The Intergovernmental Committee may convene a conference to amend this Convention when it deems it necessary, or at the request of at least ten States Parties to this Convention.
Article 13
(a) Any Contracting State, at the time of deposit of its certificate of ratification, acceptance or accession, or at any time thereafter, may, in a notification addressed to the Director General, declare that this Convention applies to all or any of the States or territories for which it is responsible for its international relations; This Convention shall therefore apply to the States or territories mentioned in the notification after the expiry of the three-month period provided for in Article 9. In the absence of such notification, this Convention shall not apply to such States or territories.
(2) However, nothing in this article shall be construed as a recognition or acquiescence by a Contracting State of the factual situation of a country or territory to which another Contracting State applies the Convention in accordance with this Article.
Article 14
(a) Any Contracting State may, in its own name or on behalf of all or one of the States or territories covered by a notification sent under Article 13, abrogation of this Convention. The denunciation of this Convention shall be sent by notification to the Director General. Such abrogation also constitutes an abrogation of the 1952 Convention.
(b) Such abrogation shall be effective only in respect of the Contracting State concerned or the State or territory represented by it and shall enter into force twelve months after the date of receipt of the notification.
Article 15 If a dispute between two or more States Parties concerning the interpretation or application of this Convention cannot be settled by negotiation, the dispute shall be referred to the International Court of Justice for adjudication if the States concerned cannot agree on other means of settlement.
Article 16
(1) This Convention is drawn up in English, French and Spanish, which shall be signed and equally authentic.
(2) The Director-General, after consultation with the Governments concerned, shall prepare official texts in Arabic, German, Italian and Portuguese.
(3) One or more States Parties shall have the right to prepare by the Director-General, after consultation with him, other texts in the language of their choice.
(4) All such texts are appended to the signed text of this Convention.
Article 17
(1) This Convention shall in no way affect the provisions of the Berne Convention for the Protection of Literary and Artistic Works or the membership of unions established by that Convention.
(2) For the purpose of implementing the provisions of the preceding paragraph, this article is accompanied by a declaration. This declaration forms an integral part of this Convention for States bound by the Berne Convention on 1 January 1951 or which have been bound by it or may be bound by it at a later date. The signature of such States to this Convention shall also be deemed to have signed the declaration, and the ratification, acceptance or accession of such States to this Convention shall include the declaration.
Article 18 This Convention shall not abrogation any multilateral or bilateral copyright convention or agreement in the American Republics which is or may be in force only between two or more States. In the event of any disagreement between the provisions of the entry into force of an existing such convention or agreement and those of this Convention, or between the provisions of this Convention and those of a new convention or agreement which may be made by two or more American Republics after the entry into force of this Convention, the most recent convention or agreement shall prevail. Copyright acquired by any Contracting State under an existing convention or agreement shall not be affected before the entry into force of this Convention.
Article 19 This Convention shall not abrogate multilateral or bilateral conventions or agreements in force between two or more Contracting States. In the event of a disagreement between the provisions of such existing conventions or agreements and those of this Convention, the provisions of this Convention shall prevail. Copyright acquired under existing conventions or agreements in any Contracting State prior to the entry into force of this Convention in that State shall not be affected and the provisions of this Article shall not affect the operation of the paragraphs 17 and 18.
Article 20 No reservations may be made to this Convention.
Article 21
(a) The Director-General shall transmit certified copies of this Convention to the States concerned and to the Secretary-General of the United Nations for registration.
(b) The Director-General shall also inform all States concerned of the deposited certificates of ratification, acceptance and accession, the date of entry into force of this Convention, the notifications made under this Convention and the denunciations made in accordance with article 14.
Additional statement on Article 17
The Member States of the International Union for the Protection of Literary and Artistic Works (hereinafter referred to as the "Berne Union") and the signatories to this Convention, in order to strengthen their mutual relations on the basis of the Union and to avoid any conflicts that might arise in the case of the coexistence of the Berne Convention and the Universal Copyright Convention, Recognizing the temporary need of certain countries to adjust their level of copyright protection according to their stage of cultural, social and economic development, by mutual agreement, accept the provisions of the following declaration:
(a) Subject to the provisions of paragraph (B) of this Declaration, a country in which a work originated as a member of the Berne Convention and which has withdrawn from the Berne Union after 1 January 1951 shall not be protected by the Universal Copyright Convention in the territory of the Berne Union country.
If a Contracting State is regarded as a developing country in accordance with the practice established by the General Assembly of the United Nations and, upon its withdrawal from the Berne Union, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization a notification that it considers itself to be a developing country, the provisions of subparagraph A of this Declaration shall not apply, provided that such State may invoke the exception provided in article 5 bis of this Convention.
(c) As far as certain works under protection are concerned, the Universal Copyright Convention shall not apply to relations between the countries of the Berne Union in the country of their original publication which, according to the Berne Convention, is a member State of the Berne Union.
Resolution on Article 11
The Conference on the Revision of the Universal Copyright Convention, having considered the question of the Intergovernmental Committee provided for in Article 11 of this Convention, hereby appended the present resolution, resolves as follows:
(1) The Committee shall, at its inception, include the Intergovernmental Committee established pursuant to Article 11 of the 1952 Convention and the resolutions annexed thereto
Representatives of twelve member States; In addition, representatives of Algeria, Australia, Japan, Mexico, Senegal and Yugoslavia were included.
(2) Any State which has not acceded to the 1952 Convention and which has not acceded to this Convention before the first regular session of the Committee convened after the entry into force of this Convention shall be replaced by such other State as the Committee may choose at its first regular session in accordance with the provisions of Article 11, paragraphs (b) and (c).
(3) Upon the entry into force of this Convention, the Committee established pursuant to paragraph (1) of this Resolution shall be deemed to be constituted in accordance with the provisions of Article 11 of this Convention.
(4) Within one year of the entry into force of this Convention, the Committee shall meet once. Thereafter, the Committee shall meet in regular session at least once every two years.
(5) The Committee shall elect a Chairman and two Vice-Chairmen and shall establish its own rules of procedure in accordance with the following principles:
(a) The term of office of the members of the Committee shall normally be six years, with one third of the members departing every two years, provided that it is understood that the term of office of the first third of the members shall terminate at the end of the second regular meeting held after the entry into force of this Convention, and the next third
The term of office of one Member shall terminate at the end of the third regular meeting and the term of office of the last third Member shall terminate at the end of the fourth regular meeting.
(b) The procedure for the replacement of vacant posts on the Committee, the order of expiration of membership, the rules of eligibility for re-election and the procedure for election,
It shall be based on a balance between the need for re-election of Member States and the need for rotation of representatives of Member States, as well as the considerations in Article 11, paragraph 3, of the present Convention.
It is hoped that the United Nations Educational, Scientific and Cultural Organization will provide staff for the secretariat of the Committee.
In witness whereof the undersigned, having deposited their respective credentials, have signed this Convention.
Done at Paris on 24 July 1971 in one original.
Universal Copyright Convention 1971
Paris revision, 24 July
The present Convention applies to statelessness
The States parties to this Protocol and to the Universal Copyright Convention, as amended by Paris of 24 July 1971 (hereinafter referred to as the "1971 Convention"), recognize the following provisions:
(1) For the purposes of the 1971 Convention, stateless persons and persons in exile who are ordinarily resident in a State Party to this Protocol shall be regarded as nationals of that State.
(2) This Protocol is subject to signature, ratification or acceptance and may also be acceded to, as provided for in article 8 of the 1971 Convention.
(b) This Protocol shall enter into force for each State on the date of the deposit of its certificate of ratification, acceptance or accession or on the date of the entry into force of the 1971 Convention for each State, whichever is later.
The undersigned are duly authorized at Paris and written in English, French and Spanish, all three texts being equally authentic. One original copy shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. The Director-General shall transmit certified copies to the signatory States. And to the Secretary-General of the United Nations for registration.
Universal Copyright Convention 1971
Paris revision, 24 July
Annex concerning the application of this Convention to works of certain international organizations
Protocol II
The States parties to this Protocol and to the Universal Copyright Convention, as amended by Paris of 24 July 1971 (hereinafter referred to as the "1971 Convention"), recognize the following provisions:
(a) The copyright protection provided for in Article 2, paragraph (1), of the 1971 Convention shall apply to works first published by the United Nations, the specialized agencies of the United Nations or the Organization of American States.
(b) Article 2, paragraph (b), of the 1971 Convention applies equally to the above-mentioned organizations or bodies.
(a) This Protocol is subject to signature, ratification or acceptance and may also be acceded to, as provided for in article 8 of the 1971 Convention
That's for sure.
(b) This Protocol shall enter into force on the date of the deposit of the certificate of ratification, acceptance or accession by the State concerned or on the date of the entry into force of the 1971 Convention for that State, whichever is later.
In witness whereof the undersigned have been duly authorized to sign this Protocol.
Done at Paris on 24 July 1971, in English, French and Spanish, all three texts being equally authentic. One original copy shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. The Director-General shall transmit certified copies to the signatory States and to the Secretary-General of the United Nations for registration.
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