Copyright: Its History and Its Law Part 77

{Sidenote: Representation of dramatic or dramatico-musical works}

The stipulations of Article II apply to the public representation of dramatic or dramatico-musical works whether such works be published or not.

{Sidenote: Representation of translations}

Authors of dramatic or dramatico-musical works, or their lawful representatives, are, during the existence of their exclusive right of translation, equally protected against the unauthorized public representation of translations of their works.

{Sidenote: Notice of prohibition of performance not required}

The stipulations of Article II apply equally to the public performance of unpublished musical works, or of published works in which the author has expressly declared on the t.i.tle-page or commencement of the work that he forbids the public performance.

ARTICLE X

{Sidenote: Adaptations, etc., considered as infringements}

Unauthorized indirect appropriations of a literary or artistic work of various kinds such as adaptations, arrangements of music, etc., are specially included amongst the illicit reproductions to which the present Convention applies, when they are only the reproduction of a particular work, in the same form, or in another form, with non-essential alterations, or abridgements, so made as not to confer the character of a new original work.

PARIS DECLARATION

3. _The transformation of a novel into a play, or of a play into a novel, comes under the stipulations of Article X._

[ARTICLE X, PAR. 2]

It is agreed that, in the application of the present article, the tribunals of the various countries of the Union will, if there is occasion, take into account limitations of their respective laws.

PROTOCOL

3. It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright, shall not be considered as const.i.tuting an infringement of musical copyright.

ARTICLE XI

{Sidenote: Author's name on work as proof of authorship}

In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to inst.i.tute proceedings against piracies before the courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.

{Sidenote: Publisher of anonymous or pseudonymous works considered as representative of author}

For anonymous or pseudonymous works, the publisher whose name is indicated on the work is ent.i.tled to protect the rights belonging to the author. He is, without other proof, reputed the lawful representative of the anonymous or pseudonymous author.

It is, nevertheless, agreed that the tribunals may, if necessary, require the production of a certificate from the competent authority to the effect that the formalities prescribed by law in the country of origin have been accomplished, as contemplated in Article II.

ARTICLE XII

{Sidenote: Seizure of pirated copies}

Pirated works may be seized [on importation into] _by the competent authorities of_ those countries of the Union where the original work enjoys legal protection.

{Sidenote: Seizure to be made according to the laws of each country}

The seizure shall take place conformably to the domestic law of each State.

ARTICLE XIII

{Sidenote: Each government to exercise supervision}

It is understood that the provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibition of any works or productions in regard to which the competent authority may find it necessary to exercise that right.

ARTICLE XIV

{Sidenote: Convention to apply to all works not in public domain}

Under the reserves and conditions to be determined by common agreement, the present Convention applies to all works which at the moment of its coming into force have not fallen into the public domain in the country of origin.

PROTOCOL

{Sidenote: Special conventions and domestic legislation may govern}

4. The common agreement alluded to in Article XIV of the Convention is established as follows:

The application of the Convention _and of the additional act_ to works which have not fallen into the public domain _in the country of origin_ at the time when [it comes] _these acts came_ into force, shall operate according to the stipulations on this head which may be contained in special conventions either existing or to be concluded.

In the absence of such stipulations between any countries of the Union, the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV is to be applied.

{Sidenote: Application to translation}

_The stipulations of Article XIV of the Convention of Berne and of the present number of the "Protocole de Cloture" apply equally to the exclusive right of translation, as granted by the present additional act._

{Sidenote: Provisions to apply to new accessions}

_The above-mentioned temporary provisions are applicable in case of new accessions to the Union._

ARTICLE XV

{Sidenote: More extensive rights may be secured by special treaties}

It is understood that the Governments of the countries of the Union reserve to themselves respectively the right to enter into separate and particular arrangements between each other, provided always that such arrangements confer upon authors or their lawful representatives more extended rights than those granted by the Union, or embody other stipulations not contrary to the present Convention.

ADDITIONAL ARTICLE

{Sidenote: Convention not to affect existing conventions conferring more extended rights}