M. Eugenio Ferraz y Alcala Galiano, Councillor of Embassy at Berlin; The President of the French Republic:

His Excellency M. Jules Cambon, Ambassador Extraordinary and Plenipotentiary of the French Republic at Berlin;

M. Ernest Lavisse, Member of the French Academy, Professor to the Faculty of Letters at Paris, Director of the Ecole Normale Supérieure; M. Paul Hervieu, Member of the French Academy, President of the Society of Authors and Dramatic Composers;

M. Louis Renault, Member of the Institute, Honorary Minister Plenipotentiary, Professor to the Faculty of Law in Paris;

M. Fernand Gavarry, Minister Plenipotentiary of the First Class, Director of Administrative and Technical Affairs at the Ministry for Foreign Affairs;

M. Breton, Director of the National Office of Industrial Property; M. Georges Lecomte, President of the Société des Gens de Lettres; His Majesty the King of Italy:

His Excellency Commendatore Alberto Pansa, Ambassador Extraordinary and Plenipotentiary of His Majesty the King of Italy at Berlin; Commendatore Luigi Roux, Advocate, Senator;

Commendatore Samuele Ottolenghi, Director of the Branch for Intellectual Property;

Chevalier Emilio Venezian, Engineer, Inspector of Industrial Education;

M. Augusto Ferrari, Advocate, Vice-President of the Italian Society of Authors;

His Majesty the Emperor of Japan:

Dr. Mizuno Rentaro, Reporting Councillor to the Ministry of the Interior;

M. Horiguchi Kumaichi, Second Secretary of Legation at Stockholm; The President of the Republic of Liberia:

The Delegation of the German Empire and, in the name of the Delegation, his Excellency Dr. von Koerner, Privy Councillor, a Director of Department in the Ministry for Foreign Affairs;

His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau:

Dr. Count Hippolyte de Villers, Chargé d'Affaires of Luxemburg at Berlin;

His Serene Highness the Prince of Monaco:

Baron de Rolland, President of the Superior Tribunal;

His Majesty the King of Norway:

M. Klaus Hoel, Chief of Department at the Ministry of Worship and Public Instruction;

His Majesty the King of Sweden:

Count Taube, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Sweden at Berlin;

Baron Peder-Magnus de Ugglas, Referendary to the Supreme Court; The Federal Council of the Swiss Confederation:

Dr. Alfred de Claparède, Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation at Berlin;

M. W. Kraft, Assistant in the Federal Office for Intellectual Property; His Highness the Bey of Tunis:

M. Jean Gout, Consul-General at the Ministry for Foreign Affairs in Paris;

Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles:

ARTICLE 1

The contracting states are constituted into a Union for the protection of the rights of authors over their literary and artistic works.

ARTICLE 2

The expression "literary and artistic works" shall include any production in the literary, scientific or artistic domain, whatever may be the mode or form of its reproduction, such as books, pamphlets, and other writings; dramatic or dramatico-musical works, choreographic works and entertainments in dumb show, the acting form of which is fixed in writing or otherwise; musical compositions with or without words; works of drawing, painting, architecture, sculpture, engraving, and lithography; illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture or science.

Translations, adaptations, arrangements of music and other reproductions in an altered form of a literary or artistic work, as well as collections of different works, shall be protected as original works without prejudice to the rights of the author of the original work.

The contracting countries shall be bound to make provision for the protection of the above-mentioned works.

Works of art applied to industrial purposes shall be protected so far as the domestic legislation of each country allows.

ARTICLE 3

The present convention shall apply to photographic works and to works produced by a process analogous to photography. The contracting countries shall be bound to make provision for their protection.

ARTICLE 4

Authors who are subjects or citizens of any of the countries of the Union shall enjoy in countries other than the country of origin of the work, for their works, whether unpublished or first published in a country of the Union, the rights which the respective laws do now or may hereafter grant to natives, as well as the rights specially granted by the present convention.

The enjoyment and the exercise of these rights shall not be subject to the performance of any formality; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. Consequently, apart from the express stipulations of the present convention, the extent of protection, as well as the means of redress secured to the author to safeguard his rights, shall be governed exclusively by the laws of the country where protection is claimed.

The country of origin of the work shall be considered to be: in the case of unpublished works, the country to which the author belongs; in the case of published works, the country of first publication; and in the case of works published simultaneously in several countries of the Union, the country the laws of which grant the shortest term of protection. In the case of works published simultaneously in a country outside of the Union and in a country of the Union, the latter country shall be considered exclusively as the country of origin.

By published works must be understood, for the purposes of the present convention, works copies of which have been issued to the public. The representation of a dramatic or dramatico-musical work, the performance of a musical work, the exhibition of a work of art, and the construction of a work of architecture shall not constitute a publication.

ARTICLE 5

Authors being subjects or citizens of one of the countries of the Union who first publish their works in another country of the Union shall have in the latter country the same rights as native authors.

ARTICLE 6

Authors not being subjects or citizens of one of the countries of the Union, who first publish their works in one of those countries, shall enjoy in that country the same rights as native authors, and in the other countries of the Union the rights granted by the present convention.

ARTICLE 7

The term of protection granted by the present convention shall include the life of the author and fifty years after his death.

Nevertheless, in case such term of protection should not be uniformly adopted by all the countries of the Union, the term shall be regulated by the law of the country where protection is claimed, and must not exceed the term fixed in the country of origin of the work. Consequently the contracting countries shall only be bound to apply the provisions of the preceding paragraph in so far as such provisions are consistent with their domestic laws.

For photographic works and works produced by a process analogous to photography, for posthumous works, for anonymous or pseudonymous works, the term of protection shall be regulated by the law of the country where protection is claimed, provided that the said term shall not exceed the term fixed in the country of origin of the work.

ARTICLE 8

The authors of unpublished works, being subjects or citizens of one of the countries of the Union, and the authors of works first published in one of those countries, shall enjoy, in the other countries of the Union, during the whole term of the right in the original work, the exclusive right of making or authorizing a translation of their works.

ARTICLE 9

Serial stories, tales, and all other works, whether literary, scientific, or artistic, whatever their object, published in the newspapers or periodicals

of one of the countries of the Union may not be reproduced in the other countries without the consent of the authors.

With the exception of serial stories and tales, any newspaper article may be reproduced by another newspaper unless the reproduction thereof is expressly forbidden. Nevertheless, the source must be indicated; the legal consequences of the breach of this obligation shall be determined by the laws of the country where protection is claimed.

The protection of the present convention shall not apply to news of the day or to miscellaneous information which is simply of the nature of items of news.

ARTICLE 10

As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational purposes, or having a scientific character, or for chrestomathies, the effect of the legislation of the countries of the Union and of special arrangements existing, or to be concluded, between them is not affected by the present convention.

ARTICLE 11

The stipulations of the present convention shall apply to the public representation of dramatic or dramatico-musical works and to the public performance of musical works, whether such works be published or not.

Authors of dramatic or dramatico-musical works shall be protected during the existence of their right over the original work against the unauthorized public representation of translations of their works.

In order to enjoy the protection of the present article, authors shall not be bound in publishing their works to forbid the public representation or performance thereof.

ARTICLE 12

The following shall be specially included among the unlawful reproductions to which the present convention applies: unauthorized indirect appropriations of a literary or artistic work, such as adaptations, musical arrangements, transformations of a novel, tale, or piece of poetry, into a dramatic piece and vice versa, &c., when they are only the reproduction of that work, in the same form or in another form, without essential alterations, additions, or abridgments, and do not present the character of a new original work.