CONVENTION. Literary and artistic copyright. Their Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haití, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela; Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates duly authorized to approve the recommendations, resolutions, conventions and treaties which they might deem advantageous to the interests of America: United States of America: Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley. Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodríguez Larreta, Carlos Salas, José A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaquim Murtinho, Domicio da Gama, José L. Almeida Nogueira, Olavo Bilac, Gastão da Cunha, Herculano de Freitas. Republic of Chile: Miguel Cruchaga Tocornal, Emilio Bello Codecido, Aníbal Cruz Díaz, Beltrán Mathieu. Republic of Colombia: Roberto Ancízar. Republic of Costa Rica: Alfredo Volio. Republic of Cuba: Carlos García Vélez, Rafael Montoro y Valdés, Gonzalo de Quesada y Arostegui, Antonio Gonzalo Pérez, José M. Carbonell. Dominican Republic: Américo Lugo. Republic of Ecuador: Alejandro Cárdenas. Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. Republic of Honduras: Luis Lazo Arriaga. Mexican United States: Victoriano Salado Alvarez, Luis Pérez Verdía, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Pérez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio González, José P. Montero. Republic of Peru: Eugenio Larrabure y Unánue, Carlos Alvarez Calderón, José Antonio de Lavalle Pardo. Republic of Salvador: Federico Mejía, Francisco Martínez Suárez. Republic of Uruguay: Gonzalo Ramírez, Carlos M. de Pena, Antonio M. Rodríguez, Juan José Amézaga. United States of Venezuela: Manuel Díaz Rodríguez, César Zumeta. Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following convention on literary and artistic copyright. 1st. The signatory States acknowledge and protect the rights of literary and artistic property in conformity with the stipulations of the present convention. 2nd. In the expression "literary and artistic works" are included books, writings, pamphlets of all kinds, whatever may be the subject of which they treat, and whatever the number of their pages; dramatic or dramatico-musical works; choreographic and musical compositions, with or without words; drawings, paintings, sculpture, engravings; photographic works; astronomical or geographical globes; plans, sketches or plastic works relating to geography, geology or topography, architecture or any other science; and, finally, all productions that can be published by any means of impression or reproduction. 3rd. The acknowledgement of a coypright obtained in one State, in conformity with its laws, shall produce its effects of full right, in all the other States, without the necessity of complying with any other formality, provided always there shall appear in the work a statement that indicates the reservation of the property right. 4th. The copyright of a literary or artistic work, includes for its author or assigns the exclusive power of disposing of the same, of publishing, assigning, translating or authorizing its translation and reproducing it in any form whether wholly or in part. 5th. The author of a protected work, except in case of proof to the contrary, shall be considered the person whose name or well known nom de plume is indicated therein; consequently suit brought by such author or his representative against counterfeiters or violators, shall be admitted by the courts of the signatory States. 6th. The authors or their assigns, citizens or domiciled foreigners, shall enjoy in the signatory countries the rights that the respective laws accord, without those rights being allowed to exceed the term of protection granted in the country of origin. For works comprising several volumes that are not published simultaneously as well as for bulletins, or parts, or periodical publications, the term of the copyright will commence to run, with respect to each volume, bulletin, part, or periodical publication, from the respective date of its publication. 7th. The country of origin of a work will be deemed that of its first publication in America, and if it shall have appeared simultaneously in several of the signatory countries, that which fixes the shortest period of protection. 8th. A work which was not originally copyrighted shall not be entitled to copyright in subsequent editions. 9th. Authorized translations shall be protected in the same manner as original works. Translators of works concerning which no right of guaranteed property exists, or the guaranteed copyright of which may have been extinguished, may obtain for their translations the rights of property set forth in article 3rd, but they shall not prevent the publication of other translations of the same work. 10th. Addresses or discourses delivered or read before deliberative assemblies, courts of justice, or at public meeting, may be printed in the daily press without the necessity of any authorization, with due regard, however, to the provisions of the domestic legislation of each nation. 11th. Literary, scientific, or artistic writings, whatever may be their subjects, published in newspapers or magazines, in any one of the countries of the Union, shall not be reproduced in the other countries without the consent of the authors. With the exception of the works mentioned, any article in a newspaper may be reprinted by others, if it has not been expressly prohibited, but in every case the source from which it is taken must be cited. News and miscellaneous items published merely for general information do not enjoy protection under this convention. 12th. The reproduction of extracts from literary or artistic publications for the purpose of instruction or chrestomathy does not confer any right of property, and may therefore be freely made in all the signatory countries. 13th. The indirect appropriation of unauthorized parts of a literary or artistic work, having no original character, shall be deemed an illicit reproduction, in so far as affects civil liability. The reproduction in any form of an entire work, or of the greater part thereof, accompanied by notes or commentaries under the pretext of literary criticism or amplification, or supplement to the original work, shall also be considered illicit. 14th. Every publication infringing a copyright may be confiscated in the signatory countries in which the original work had the right to be legally protected, without prejudice to the indemnities or penalties which the counterfeiters may have incurred according to the laws of the country in which the fraud may have been committed. 15th. Each of the Governments of the signatory countries, shall retain the right to permit, inspect, or prohibit the circulation, representation, or exhibition of works or productions, concerning which the proper authority may have to exercise that right. 16th. The present convention shall become operative between the signatory States which ratify it three months after they shall have communicated their ratification to the Argentine Government, and it shall remain in force among them until a year after the date when it may be denounced. This denunciation shall be addressed to the Argentine Government and shall be without force except with respect to the country making it. IN WITNESS WHEREOF, the plenipotentiaries have signed the present treaty and affixed thereto the seal of the Fourth International American Conference. Made and signed in the city of Buenos Aires on the eleventh day of August in the year one thousand nine hundred and ten, in Spanish, English, Portuguese, and French, and deposited in the ministry of foreign affairs of the Argentine Republic, in order that certified copies be made for transmission to each one of the signatory nations through the appropriate diplomatic channels. For the United States of America.-Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul S. Reinsch, David Kinley. For the Argentine Republic.-Antonio Bermejo, Eduardo L. Bidau, Manual A. Montes de Oca, Epifanio Portela, Carlos Salas, José A. Terry, Estanislao S. Zeballos. For the United States of Brazil.-Joaquim Murtinho, Domicio da Gama, José L. Almeida Nogueira, Olavo Bilac, Gastão da Cunha, Herculano de Freitas. For the Republic of Chili.-Miguel Cruchaga Tocornal, Emilio Bello Codecido, Aníbal Cruz Díaz, Beltrán Mathieu. For the Republic of Colombia.-Roberto Ancízar. For the Republic of Costa Rica.-Alfredo Volio. For the Republic of Cuba.-Carlos Gracía Velez, Rafael Montoro y Valdés, Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M. Carbonell. For the Dominican Republic.-Américo Lugo. For the Republic of Ecuador.-Alejandro Cárdenas. For the Republic of Guatemala.-Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. For the Republic of Haith.-Constantin Fouchard. For the Republic of Honduras.-Luis Lazo Arriaga. For the United Mexican States.-Victoriano Salado Alvarez, Luis Pérez Verdía, Roberto A. Estevá Ruiz. For the Republic of Nicaragua.-Manuel Pérez Alonso. For the Republic of Panama.-Belisario Porras. For the Republic of Paraguay.—Teodosio González, José P. Montero. For the Republic of Peru.-Eugenio Larrabure y Únánue, Carlos Alvarez Calderón, José Antonio de Lavalle y Pardo. For the Republic of Salvador.-Federico Mejía, Francisco Martínez Suárez. For the Republic of Uruguay.-Gonzalo Ramírez, Carlos M. de Pena, Antonio M. Rodríguez, Juan José Amézaga. For the United States of Venezuela.-Manuel Díaz Rodríguez, César Zumeta. CONVENTION. Pecuniary claims. Their Excellencies the Presidents of the United States of America, Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela; Being desirous that their respective countries may be represented at the Fourth International American Conference have sent thereto the following delegates, duly authorized to approve the recommendations, resolutions, conventions, and treaties which may be advantageous to the interests of America: United States of America: Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley. Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodríguez Larreta, Carlos Salas, José A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaquim Murtinho, Domicio da Gama, José L. Almeida Nogueira, Olavo Bilac, Gastão da Cunha, Herculano de Freitas. Republic of Chile: Miguel Cruchaga Tocornal, Emilio Bello Codecido, Anibal Cruz Díaz, Beltrán Mathieu. Republic of Colombia: Roberto Ancízar. Republic of Costa Rica: Alfredo Volio. Republic of Cuba: Carlos García Vélez, Rafael Montoro y Valdés, Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M. Carbonell. Dominican Republic: Américo Lugo. Republic of Ecuador: Alejandro Cárdenas. Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. Republic of Haiti: Constantin Fouchard. Republic of Honduras: Luis Lazo Arriaga. United Mexican States: Victoriano Salado Alvarez, Luis Pérez Verdía, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Pérez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio González, José P. Montero. Republic of Peru: Eugenio Larrabure ý Unánue, Carlos Alvarez Calderón, José Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejía, Francisco Martínez Suárez. Republic of Uruguay: Gonzalo Ramírez, Carlos M. de Pena, Antonio M. Rodríguez, fuan José de Amézaga. United States of Venezuela: Manuel Díaz Rodriguez, César Zumeta. Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following convention on pecuniary claims. 1st. The high contracting parties agree to submit to arbitration all claims for pecuniary loss or damage which may be presented by their respective citizens and which can not be amicably adjusted through diplomatic channels, when said claims are of sufficient importance to warrant the expense of arbitration. The decision shall be rendered in accordance with the principles of international law. 2nd. The high contracting parties agree to submit to the decision of the permanent Court of Arbitration of The Hague all controversies which are the subject matter of the present treaty, unless both parties agree to constitute a special jurisdiction. If a case is submitted to the Permanent Court of The Hague, the high contracting parties accept the provisions of the treaty relating to the organization of that arbitral tribunal, to the procedure to be followed and to the obligation to comply with the sentence. 3rd. If it shall be agreed to constitute a special jurisdiction, there shall be prescribed in the convention by which this is determined the rules according to which the tribunal shall proceed, which shall have cognizance of the questions involved in the claims referred to in article 1st of the present treaty. 4th. The present treaty shall come into force immediately after the 31st of December, 1912, when the treaty on pecuniary claims, signed at Mexico, on January 31, 1902, and extended by the treaty signed at Rio de Janeiro on August 13, 1906, expires. It shall remain in force indefinitely, as well for the nations which shall then have ratified it as those which shall ratify it subsequently. The ratifications shall be transmitted to the Government of the Argentine Republic, which shall communicate them to the other contracting parties. 5th. Any of the nations ratifying the present treaty may denounce it, on its own part, by giving two years notice in writing, in advance, of its intention so to do. This notice shall be transmitted to the Government of the Argentine Republic and through its intermediation to the other contracting parties. 6th. The treaty of Mexico shall continue in force after December 31, 1912, as to any claims which may, prior to that date, have been submitted to arbitration under its provisions. In witness whereof, the plenipotentiaries and delegates sign this convention and affix to it the seal of the Fourth International American Conference. Made and signed in the city of Buenos Aires, on the eleventh day of August in the year one thousand nine hundred and ten, in the Spanish, English, Portuguese, and French languages, and filed in the ministry of foreign affairs of the Argentine Republic, in order that certified copies may be taken to be forwarded through the appropriate diplomatic channels to each one of the signatory nations. For the United States of America.-Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul S. Reinsch, David Kinley. For the Argentine Republic.-Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Salas, José A. Terry, Estanislao S. Zeballos. For the United States of Brazil.-Joaquim Murtinho, Domicio da Gama, José L. Almeida Nogueira, Olavo Bilac, Gastão da Cunha, Herculano de Freitas. For the Republic of Chile. Miguel Cruchaga Tocornal, Emilio Bello Codecido, Aníbal Cruz Díaz, Beltrán Mathieu. For the Republic of Colombia.-Roberto Ancízar. For the Republic of Costa Rica.-Alfredo Volio. For the Republic of Cuba.-Carlos Garcia Vélez, Rafael Montoro y Valdés, Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M. Carbonell. For the Dominican Republic.-Américo Lugo. For the Republic of Ecuador.-Alejandro Cárdenas. For the Republic of Guatemala.-Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. For the Republic of Haiti.-Constantin Fouchard. For the Republic of Honduras.-Luis Lazo Arriaga. For the United Mexican States.-Victoriano Salado Alvarez, Luis Pérez Verdía, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. For the Republic of Nicaragua.-Manuel Pérez Alonso. For the Republic of Panama.-Belisario Porras. For the Republic of Paraguay.-Teodosio González, José P. Montero. For the Republic of Peru.-Eugenio Larrabure y Unánue, Carlos Alvarez Calderón, José Antonio de Lavelle y Pardo. For the Republic of Salvador.-Federico Mejía, Francisco Martínez Suárez. For the Republic of Uruguay.-Gonzalo Ramírez, Carlos M. de Pena, Antonio M. Rodríguez, Juan José Amézaga. For the United States of Venezuela.-Manuel Díaz Rodríguez, César Zumeta. CABLE CONCESSIONS GRANTED BY THE ARGENTINE REPUBLIC. File No. 19654/. No. 121.] Chargé Wilson to the Secretary of State. [Extract.] AMERICAN LEGATION, Buenos Aires, April 20, 1909. SIR: I have the honor to report that a Mr. John Oldham, acting as representative of the Western Telegraph Co., Ltd., the River Plate Telegraph Co., and the Pacific European Co., has made propositions, which will probably be accepted by the Argentine Government, for the laying and exploitation of a direct cable to Europe. The cable will start from some point on the Argentine coast and land at the island of Ascension, where it connects with other lines going to Europe, Africa, and America. No subvention is asked from the Argentine Government for the concessions which is to be granted for 25 years, and very low rates will be given for Government messages. It is reported that the above-mentioned English agreement with the Argentine Government will be signed within a few days. I have, etc., File No. 19654/1. CHARLES S. WILSON. Chargé Wilson to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, Buenos Aires, June 18, 1909. Referring to the legation's No. 121 of April 20, Mr. Wilson says the English cable proposition has been sent to Congress for approval, and he quotes the following clause which he says will seriously affect future development of companies already established or to be established: If, for future necessities of the country or for other causes, the Government may decide on establishing new cables between the Argentine Republic and any other country, the companies I represent shall have preference on equal terms to establish them with a concession for a term of not less than 25 years. File No. 19654/1. The Acting Secretary of State to Minister Sherrill. [Telegram.-Paraphrase.| DEPARTMENT OF STATE, Mr. Wilson instructs Mr. Sherrill to inform the Argentine minister for foreign affairs in writing that, when making the cable contract referred to in the legation's telegram of June 18, the Government of the United States supposes that the Argentine Government had in mind and did not intend any infringement on the provisions of article 3 of its treaty of 1853 with the United States, and that the Government of the Argentine Republic will wish to avoid infringement of American rights under that article in any arrangement to be projected in the future which would tend to exclude possible American competition. |