Notice

shall

of

tion de cinquante ans prévue par tection of fifty years a provided for l'article 7, alinéa 1er, de la présente by Article 7, paragraph 1, of the

, Convention, le feront connaître au present Convention, shall make it Gouvernement de la Confédération known to the Government of the Suisse par une notification écrite Swiss Confederation by a written qui sera communiquée aussitôt par notification which shall be comce Gouvernement à tous les autres municated at once by that GovÉtats de l'Union.

ernment to all the other countries

of the Union. Il en sera de même pour les It shall be the same for such

be given of reÉtats qui renonceront aux réserves States as shall renounce any reser-nouncement faites par eux en vertu des articles vations made by them in virtue of any reservations 25, 26 et 27.

Articles 25, 26, and 27. En foi de quoi, les Plénipoten- In testimony of which, the re- Signatures tiaires respectifs ont signé la pré- spective Plenipotentiaries have sente Convention et y ont apposé signed the present Convention and leurs cachets.

have attached thereto their seals. Fait à Berlin, le 13 novembre Done at Berlin, the thirteenth of Date of sign

ing, mil neuf cent huit, en un seul ex- November, one thousand nine hun

13, 1908 emplaire, qui sera déposé dans les dred eight, in a single copy, which archives du Gouvernement de la shall be deposited in the archives Confédération Suisse et dont des of the Government of the Swiss copies, certifiées conformes, seront Confederation, and of which copies, remises par la voie diplomatique properly certified, shall be sent aux Pays contractants.

November

Addenda No. 2

BERNE INTERNATIONAL COPYRIGHT UNION

Text of the Convention creating an

International Union for the protection of Literary and Artistic Works, Signed at Berne, Switzerland, September 9, 1886, Ratified September 5, 1887

Amendments to the International

Copyright Convention of Septem-
ber 9, 1886, agreed to at Paris,
May 4, 1896

ARTICLE I

in

other the

to natives

The International Convention of the 9th of September, 1886, is

modified as follows: Article I The contracting States are con

Union to pro

tect literary and stituted into an Union for the pro

artistic works tection of the rights of authors over their literary and artistic works.

1. ARTICLE II. The first para

graph of Article II shall run as ARTICLE II

follows: Authors of any one of the coun- “Authors of any countries of

Authors to en

joy tries of the Union, or their lawful the Union, or their lawful repre-countries

granted representatives, shall enjoy in the sentatives, shall enjoy in the other rights other countries for their works, countries for their works, either whether published in one of those not published or published for the countries or unpublished, the first time in one of those countries, rights which the respective laws do the rights which the respective now or may hereafter grant to laws do now or shall hereafter natives.

grant to natives." The enjoyment of these rights

Conditions

formalities is subject to the accomplishment

country of the conditions and formalities

origin to be ful

filled prescribed by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the

Term of prosaid country of origin.

tection The country of origin of the

and of

of

tion takes place simultaneously in
several countries of the Union,
that one of them in which the
shortest term of protection is

granted by law.
l'npublished
works

For unpublished works the country to which the author belongs is considered the country of origin of the work.

A fifth paragraph is furthermore added, which runs thus:

“Posthumous works are included

amongst protected works.” Posthumous

2. ARTICLE III. Article III shall ARTICLE III

run as follows: Publishers of The stipulations of the present

“Authors, not subjects of one of works published in one

of the Convention apply equally to the the countries of the Union, but Union protected publishers of literary and artistic who shall have published, or

works published in one of the caused to be published for the first countries of the Union, but of time, their literary or artistic which the authors belong to a

works in one of those countries, country which is not a party to the shall enjoy for those works the Union.

protection accorded by the Berne Convention, and by the present

additional act.” ARTICLE IV

works

of

)

or

Definition

The expression “literary and “literary and artistic works" artistic works"

comprehends books, pamphlets, and all other writings; dramatic or dramaticomusical works, musical compositions with without words; works of design, painting, sculpture, and engraving; lithographs, illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture, or science in general; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction.

3. ARTICLE V. The first paraARTICLE V

graph of Article V shall run as fol

lows: Exclusive Authors of any of the countries “Authors of any of the countries right of

of the Union, or their lawful repre- of the Union, or their lawful repre

trans

years

sentatives, shall enjoy in the other sentatives, shall enjoy in the other countries the exclusive right of countries the exclusive right of making or authorizing the trans- making or authorizing the translalation of their works until the ex- tion of their works during the piration of ten years from the pub- whole duration of the right in the lication of the original work in one original work. But the exclusive

Right

of

translation exof the countries of the Union. right of translation shall cease to pires after ten For works published in incom- exist when the author shall not

Works pubplete parts (“livraisons”) the have made use of it within a period lished in incom

plete parts period of ten years commences of ten years from the first publicafrom the date of publication of the tion of the original work, by publast part of the original work. lishing or causing to be published For works composed of several in one of the countries of the Works pub

lished in several volumes published at intervals, as Union, a translation in the lan-volumes well as for bulletins or collections guage for which protection shall (“cahiers”) published by literary be claimed.” or scientific societies, or by private persons, each volume, bulletin, or collection is, with regard to the period of ten years, considered a separate work.

In the cases provided for by the present article, and for the calculation of the period of protection, the 31st of December of the year in which the work was published is admitted as the date of publication.

ARTICLE VI Authorized translations are pro

Tra nslations tected as original works. They

protected consequently enjoy the protection stipulated in Articles II and III as regards their unauthorized reproduction in the countries of the Union. It is understood that, in the case

New translaof a work for which the translating

tions by other

writers right has fallen into the public domain, the translator cannot oppose the translation of the same work by other writers.

4. ARTICLE VII. Article VII ARTICLE VII

shall run as follows: Articles from newspapers or pe- “Serial novels (“Romans-feuille- Serial riodicals published in any of the tons'), including novels published protected countries of the Union may be re- in newspapers or periodicals of one produced in original or in transla- of the countries of the Union, can- Reproduction