The Universal Copyright Convention [1972]
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Unkown >> The Universal Copyright Convention [1972]
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