textfiles-politics/politicalTextFiles/usunicpy.txt

Coalition for Networked Information 
Information Policies:  A Compilation of Position Statements, Principles,
Statutes, and Other Pertinent Statements



Universal Copyright Convention

Source:  International Copyright Conventions Circular 38c, 
Copyright Office, Washington, DC, pages 23-35.

Notes:  Universal Copyright Convention as Revised at Paris, 1971.  
Convention and protocols done at Paris July 24, 1971; Ratification 
advised by the Senate of the United States of America August 14, 1972; 
Ratified by the President of the United States of America August 28, 
1972; Ratification of the United States of America deposited with the 
Director-General of the United Nations Educational, Scientific and 
Cultural Organization September 18, 1972; Proclaimed by the President 
of the United States of America July 18, 1974; Entered into force July 10, 
1974.


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

CONSIDERING THAT:

The Universal Copyright Convention as revised at Paris on July 
24, 1971, together with two related protocols, the text of which, as 
certified by the Director, Office of International Standards and Legal 
Affairs, United Nations Educational, Scientific and Cultural 
Organization, in the French, English and Spanish languages, is hereto 
annexed;

The Senate of the United States of America by its resolution of 
August 14, 1972, two-thirds of the Senators present concurring therein, 
gave its advice and consent to ratification of the Convention as revised, 
together with the two related protocols;

The President of the United States of America ratified the 
Convention as revised, together with the two related protocols on 
August 28, 1972, in pursuance of the advice and consent of the Senate;

The instrument of ratification by the United States of America was 
deposited with the Director-General of the United Nations 
Educational, Scientific and Cultural Organization on September 18, 
1972, in accordance with paragraph 3 of Article VIII of the Convention 
as revised;

It is provided in paragraph 1 of Article IX of the Convention as 
revised that it shall come into force three months after the deposit of 
twelve instruments of ratification, acceptance or accession;

It is provided in paragraph 2(b) of each of the protocols that it 
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; and

Pursuant to the provisions of paragraph 1 of Article IX of the 
Convention as revised and paragraph 2(b) of each of the two related 
protocols, the Convention as revised, together with the two related 
protocols, entered into force on July 10, 1974.

NOW, THEREFORE, be it known that I, Richard Nixon, President of the
United States of America, proclaim and make public the Convention as
revised, together with the two related protocols, to the end that they
shall be observed and fulfilled with good faith by the United States of
America and by the citizens of the United States of America and all other
persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have signed this proclamation 
and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this eighteenth day of July in the 
year of our Lord one thousand nine hundred seventy-four and of 
the independence of [SEAL] the United States of America the one 
hundred ninety-ninth.

Richard Nixon


By the President:  HENRY A. KISSINGER, Secretary of State

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 purposed 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 of a lower case "c" inside of a circle 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 work 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 that 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 this 
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 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 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 be 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) Licenses obtainable after three years shall not be 
granted under this Article until a further period of six months 
has elapsed and licenses 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) Licenses 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 licenses 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 
subparagraph (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, 
established 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 Education, 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) Licenses 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 licenses 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 
licence; 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, 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 of 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 representative 
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 with 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.

Certified a true and complete copy of the original of the 
Universal Copyright Convention as revised at Paris on 24 July 1971, of 
the 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 and of the 
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.

Paris, 24. 12. 1971 Claude Lussier.

Director, Office of International Standards and Legal Affairs, 
United Nations Educational, Scientific and Cultural Organization.