CONVENTION CREATING THE INTERNATIONAL COPYRIGHT PRELIMINARY REMARKS. The Berne Convention creating the International Copyright Union for the protection of works of literature and art was signed on September 9, 1886, and went into force on December 5, 1887. The Additional Agreement formulated at the first conference of revision, which met in Paris, was signed on May 4, 1896, and went into effect on December 9, 1897. This modified Articles 2, 3, 5, 7, 12, and 20 of the Convention, and Numbers 1 and 4 of the "Protocole de Clôture." A Declaration interpreting certain provisions of the Berne Convention of 1886 and the Additional Agreement of Paris of 1896 was also signed on May 4, 1896, to go into effect on September 9, 1897. A second conference of revision was held in Berlin from October 14 to November 14, 1908, and a new text to take the place of the three documents cited above was formulated by the representatives of the following fifteen countries: Belgium, Denmark, France, Germany, Great Britain, Italy, Japan, Liberia, Luxembourg, Monaco, Norway, Spain, Sweden, Switzerland, and Tunis. Representatives from the following non-Union countries were also present at the conference: Argentina, Chile, China, Colombia, Ecuador, Greece, Guatemala, Mexico, the Netherlands (Holland), Nicaragua, Peru, Persia, Portugal, Rumania, Russia, Siam, the United States, Uruguay, and Venezuela. The representative from the United States was present only to "observe and report," with no power to take part in the discussions, and, beyond making a statement to that effect,* took no part in the proceedings of the Conference. Mr. Arthur Orr, Third Secretary of the United States Embassy at Berlin, was also present at the sittings of the Conference but took no part in the proceedings. The Convention was signed on November 13th and the Conference closed on November 14th. To give publicity to the proposed treaty the official text was, by resolution of the Conference, published in the organ of the International Copyright Bureau at Berne, "Le Droit d'Auteur," for November 15th. This is the French text of the treaty printed below. The English translation here printed is made from the text as published in "Le Droit d'Auteur." Where doubt has been felt as to the best English equivalent, the words of the French text have been added, and the full official text in French follows the English text. *See over for full text of the statement. C Article 28 of the Convention pro vides that it shall be ratified, and the ratifications exchanged at Berlin, not later than the first of July, 1910. Statement by Thorvald Solberg, Register of Copyrights, Delegate of the United States to the Berlin Conference to Revise the Berne International Copyright Convention, October 15, 1908. In 1885 and 1886, at the conferences convened to draft the convention to create the International Union for the protection of literary and artistic property, the United States was represented. At that time, however, it was not deemed possible to send a plenipotentiary delegate, nor could such a representative be sent to attend the first Conference of revision, which met in Paris in 1896. When the present Conference was arranged for-early in this year-the German Ambassador at Washington wrote to the Secretary of State of the United States a letter explaining the purpose and scope of this Congress, inviting the Government of the United States to send delegates. The Ambassador's lettter explained that, in addition to delegates representing Governments in the Union, there would be present representatives from a considerable number of non-Union nations. It was further stated that the attendance of such delegates from non-Union countries would be greeted with special pleasure. This because of the conviction that whatever might be the final position taken by the non-Union countries, or their laws, in relation to copyright, the participation in the proceedings of this Conference by such delegates from non-Union countries would at all events contribute to arouse and increase interest in the Berne Union and its beneficial work. The German Ambassador's letter further explained that the delegates from non-Union countries attending the Conference would have full freedom of action; that they might confine themselves to following the discussions without taking any stand with regard to them, and that it would be left to the discretion of the non-Union Governments as to whether they would empower their delegates to join the Berne Union. The Government of the United States again finds it impracticable to send a delegate authorized to commit the United States to actual adhesion at this time to the Berne Convention. Nevertheless, it has been felt that the representation of the United States, even within the limitations indicated, might be beneficial: first, to indicate the sympathy of our Government with the general purposes of the International Copyright Union: second, to secure such information regarding the proceedings of the Conference as might prove valuable; and third, to place (by means of such representation) at the disposal of the Conference, authoritative knowledge as to the facts of copyright legislation and procedure within the United States-information which it is hoped may be of use to the members of the Conference in their deliberations. The Secretary of State of the United States has done me the honor to designate me to attend this Conference as a delegate on the part of the United States. It is with the sincere desire that my attendance here may contribute in some degree to the attainment of each of these three objects, that I have crossed the ocean to be present. I trust, also, that this long journey taken for the purpose of being present here may be held to testify to my personal most sincere interest in, and admiration for, the objects of the Berne Union-that admirable association of many nations to secure adequate protection for literary and artistic productions. It will be for me a great pleasure if my attendance here can be of service to the Conference, or to any of its members. Some of the questions to be discussed here are now pending before the Congress of the United States in the Copyright Bill now under discussion. I should wish to avoid, therefore, taking any position in regard to the special matters in question-any position which might tend to commit the United States in advance to any line of policy which might embarrass the legislative branch of the Government of the United States in taking such action regarding these matters as it may finally deem advisable. But within that limitation-with the most hearty and cordial expression of my sympathy for the ends and purposes of the Berne Union-I beg to place myself at the service of the Conference. CONVENTION CREATING AN INTERNATIONAL UNION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, SIGNED AT BERLIN, NOVEMBER 13, 1908. ARTICLE 1. Union to The contracting countries are conprotect lite- stituted into a Union for the protecrary and artistic works. tion of the rights of authors in their literary and artistic works. Definition works." ARTICLE 2. of "literary The expression "literary and artisand artistic tic works" includes all productions in the literary, scientific or artistic domain, whatever the mode or form of reproduction, such as: books, pamphlets and other writings; dramatic or dramatico-musical works; choreographic works and pantomimes, the stage directions ("mise en scène") of which are fixed in writing or otherwise; musical compositions with or without words; drawings, paintings; works of architecture and sculpture; engravings and lithographs; illustrations; geographical charts; plans, sketches and plastic works relating to geography, topography, architecture, or the sciences. Authors within the jurisdiction of Authors to one of the countries of the Union en- enjoy in countries of natives. joy for their works, whether unpub- the Union lished or published for the first time the rights in one of the countries of the Union, granted to such rights, in the countries other than the country of origin of the work, as the respective laws now accord or shall hereafter accord to natives, as well as the rights specially accorded by the present Convention. The enjoyment and the exercise of No formsuch rights are not subject to any for- alities required. mality; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. Consequently, apart from the stipulations of the present Convention, the extent of the protection, as well as the means of redress guaranteed to the author to safeguard his rights, are regulated exclusively according to the legislation of the country where the protection is claimed. Published works. Authors of the Union taneously in several countries of the Union, the country among them whose legislation grants the shortest term of protection. For works published simultaneously in a country outside of the Union and in a country within the Union, it is the latter country which is exclusively considered as the country of origin. By published works ("œuvres publiées") must be understood, according to the present Convention, works which have been issued ("œuvres éditées'). 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 do not constitute publication. ARTICLE 5. Authors within the jurisdiction of countries of one of the countries of the Union who have same publish their works for the first time rights as in another country of the Union, have natives of in this latter country the same rights as national authors. other coun tries. considered ments. ARTICLE 12. Adapta- Among the unlawful reproductions tions, etc., to which the present Convention apas infringe- plies are specially included indirect, unauthorized appropriations of a literary or artistic work, such as adaptations, arrangements of music, transformations of a romance or novel or of a poem into a theatrical piece and vice-versâ, etc., when they are only the reproduction of such work in the same form or in another form with non-essential changes, additions or abridgments and without presenting the character of a new, original work. ARTICLE 13. In order that the authors of the cated on works protected by the present Con- work suffivention may be considered as such, cient proof until proof to the contrary, and ad- ship. |