Universal Copyright Convention as revised at Paris

Universal Copyright Convention as revised at Paris in the United States

Article XVII.

1. This Convention shall not in any way affect the provisions
of the Berne Convention for the Protection of Literary and Artistic Works
or membership in the Union created by that Convention.

2. In application of the foregoing paragraph, a declaration has been
annexed to the present article. This declaration is an integral part of
this Convention for the States bound by the Berne Convention on I January
1951, or which have or may become bound to it at a later date. The
signature of this Convention by such States shall also constitute signature
of the said declaration, and ratification, acceptance or accession by such
States shall include the declaration, as well as this Convention

Article XVIII.

This Convention shall not abrogate multilateral or bilateral
copyright conventions or arrangements that are or may be in effect
exclusively between two or more American Republics. In the event of any
difference either between the provisions of such existing conventions or
arrangements and the provisions of this Convention, or between the
provisions of this Convention and those of any new convention or
arrangement which may be formulated between two or more American Republics
after this Convention comes into force, the convention or arrangement most
recently formulated shall prevail between the parties thereto. Rights in
works acquired in any Contracting State under existing conventions or
arrangements before the date this Convention comes into force in such State
shall not be affected.

Article XIX.

This Convention shall not abrogate multilateral or bilateral
conventions or arrangements in effect between two or more Contracting
States. In the event of any difference between the provisions of such
existing conventions or arrangements and the provisions of this Convention,
the provisions of this Convention shall prevail. Rights in works acquired
in any Contracting State under existing conventions or arrangements before
the date on which this Convention comes into force in such State shall not
be affected. Nothing in this article shall affect the provisions of
articles XVII and XVIII.

Article XX.

Reservations to this Convention shall not be permitted.

Article XXI.

1. The Director-General shall send duly certified copies of
this Convention to the States interested and to the Secretary-General of
the United Nations for registration by him.

2. He shall also inform all interested States of the ratifications,
acceptances and accessions which have been deposited, the date on which
this Convention comes into force, the notifications under this Convention
and denunciations under article XIV.

APPENDIX DECLARATION RELATING TO ARTICLE XVII

The States which are members of the International Union for the Protection
of Literary and Artistic Works (hereinafter called “the Berne Union”) and
which are signatories to this Convention,
Desiring to reinforce their mutual relations on the basis of the said Union
and to avoid any conflict which might result from the co-existence of the
Berne Convention and the Universal Copyright Convention.
Recognizing the temporary need of some States to adjust their level of
copyright protection in accordance with their stage of’ cultural. social
and economic development,
Have, by common agreement, accepted the terms of the following declaration:
(a) Except as provided by paragraph (b), works which, according to the
Berne Convention, have as their country of origin a country which has
withdrawn from the Berne Union after 1 January 1951 shall not bc protected
by the Universal Copyright Convention in the countries of the Berne Union;
(b) Where a Contracting State is regarded as a developing country in
conformity with the established practice of the General Assembly of the
United Nations, and has deposited with the Director-General of the United
Nations Educational, Scientific and Cultural Organization, at the time of
its withdrawal from the Berne Union, a notification to the effect that it
regards itself as a developing country, the provisions of paragraph (a)
shall not be applicable as long as such State may avail itself of the
exceptions provided for by this Convention in accordance with article V
bis.
(c) The Universal Copyright Convention shall not be applicable to the
relationships among countries of the Berne Union in so far as it relates to
the protection of works having as their country of origin, within the
meaning of the Berne Convention, a country of the Berne Union.

RESOLUTION CONCERNING ARTICLE XI

The Conference for Revision of the Universal Copyright Convention.
Having considered the problems relating to the Intergovernmental Committee
provided for in article XI of this Convention, to which this resolution is
annexed,

Resolves that:
1. At its inception, the Committee shall include representatives of the
twelve States members of the Intergovernmental Committee established under
article XI of the 1952 Convention and the resolution annexed to it, and, in
addition. representatives of the following States: Algeria, Australia,
Japan, Mexico, Senegal and Yugoslavia.
2. Any States that are not party to the 1952 Convention and have not
acceded to this Convention before the first ordinary session of the
Committee following the entry into force of this Convention shall be
replaced by other States to be selected by the Committee at its first
ordinary session in conformity with the provisions of article XI (2) and
(3).
3. As soon as this Convention comes into force the Committee as provided
for in paragraph I shall be deemed to be constituted in accordance with
article XI of this Convention.
4. A session of the Committee shall take place within one year after the
coming into force of this Convention; thereafter the Committee shall meet
in ordinary session at intervals of not more than two years.
5. The Committee shall elect its Chairman and two Vice-Chairmen. It shall
establish its Rules of Procedure having regard to the following principles:
(a) The normal duration of the term of office of the members represented
on the Committee shall be six years with one-third retiring every two
years, it being however understood that, of the original terms of
office, one-third shall expire at the end of the Committee’s second
ordinary session which will follow the entry into force of this
Convention, a further third at the end of its third ordinary session,
and the remaining third at the end of its fourth ordinary session.
(b) The rules governing the procedure whereby the Committee shall fill
vacancies, the order in which terms of membership expire, eligibility
for re-election, and election procedures, shall be based upon a
balancing of the needs for continuity of membership and rotation of
representation, as well as the considerations set out in article XI
(3).
Expresses the wish that the United Nations Educational, Scientific and
Cultural Organization provide its Secretariat.
IN FAITH WHEREOF the undersigned, having deposited their respective full
powers, have signed this Convention.
DONE at Paris, this twenty-fourth day of July 1971, in a single copy.


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