The Universal Copyright Convention (1988)

Part 1

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 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.

Part 2

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.

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