Year book of motion pictures (1930)

ARTICLE 2 Definition of "Literary and Artistic Works" : (1) The terms "literary and artistic works" include all productions in the literary, scientific, and artistic domain, whatever the mode or form of expression, such as: books, pamphlets, and other writings; lectures, addresses, sermons and other works of like nature; dramatic or dramatico-musical works; choreographic works and pantomimes, the stage directions (mise en scene) 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. Translations, arrangements, compilations and adaptations protected: (2) Translations, adaptations, arrangements of music and other reproductions transformed from a literary or artistic work, as well as compilations from different works, are protected as original works without prejudice to the rights of the author of the original work. Protection pledged: (3) The countries of the Union are pledged to secure protection in the case of the works mentioned above. Works of art applied to industry: (4) Works of art applied to industry are protected so far as the domestic legislation of each country allows. ARTICLE 2 bis. Political discourses: (1) The authority is reserved to the domestic legislation of each country of the Union to exclude, partially or wholly, from the protection provided by the preceding Article political discourses or discourses pronounced in judicial debates. (2) There is also reserved to the domestic legislation of each country of the Union authority to enact the conditions under which such lectures, addresses, sermons and other works of like nature may be reproduced by the press. Nevertheless, the author alone shall have the right to bring such works together in a compilation. ARTICLE 3 Photographic works to be protected: The present contention applies to photographic works and to works obtained by any process analogous to photography. The countries of the Union are pledged to guarantee protection to such works ARTICLE 4 Authors to enjoy in countries of the Union the rights granted to natives: (1) Authors within the jurisdiction of one of the countries of the Union enjoy for their works, whether unpublished or published for the first time in one of the countries of the Union, such rights, in the countries other than the country of origin of the work, as the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 nationals, as well as the rights specially accorded by the present Convention. No formalities required: (2) The enjoyment and the exercise of such rights are not subject to any formality ; such -njoyment 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. Definition of country of origin: (3) The following is considered as the country of origin of the work ; for unpublished works, the country to which the author belongs ; for published works, the country of first publication, and for works published simultaneously 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 it the latter country which is exclusively considered as the country of origin. ^Published works: (4) By "published works" ("aeuvres publiees") must be understood, according to the present Convention, works which have been issued ("aeuvres editees"). 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 of countries of the Union have same rights as natives of other countries: Authors within tfce jurisdiction of one of the countries of the Union who publish their works for the first time in another country of the Union, have in this latter country the same rights as national authors. ARTICLE 6 Authors not belonging to countries of the Union also protected if they first publish in a Union country: (1) Authors not within the jurisdiction of any one of the countries of the Union, who publish their works for the first time in one of the Union countries, enjoy in such Union country the same rights as national authors, and in the other countries of the Union the rights accorded by the present Convention. Exception. Protection for non-union authors: (2) Nevertheless, when a country outside of the Union does not protect in an adequate manner the works of authors within the jurisdiction of one of the countries of the Union, this latter Union country may restrict the protection for the works of authors who are, at the time of the first publication of such works, within the jurisdiction of the non-union country and are not actually domiciled in one of the countries of the Union. Not retroactive: (3) Any restriction, established by virtue of the preceding paragraph, shall not prejudice the rights which an author may have acquired in a work published in one of the countries of the Union before the putting into effect of this restriction. Restrictions to be notified to Government of Swiss Confederation: (4) The countries of the Union which, by virtue of the present article, restrict the protection of the rights of authors, shall notify the fact to the Government of the Swiss Confederation by a written declaration indicating the countries in whose case protection is restricted, and indicating also the restrictions to which the rights of authors within the jurisdiction of such country are subjected. The Government of the Swiss Confederation shall immediately communicate this fact to all the countries of the Union. ARTICLE 6 bis. Author conserves moral right in work: (1) Independently of the patrimonial rights of the author, and even alter the assignment of the said rights, the autlnr retains the right to claim the paternity of the work, as well as the right to object to every deformation, mutilation or other modification of the said work, which may be prejudicial to his honor or to his reputation. National legislation governs: (2) It is left to the national legislation of each of the countries of the Union to establish the conditions for the exercise of these rights. The means for safeguarding them shall be regulated by the legislation of the country where protection is claimed. ARTICLE 7 Term of protection: Life and 50 years: (11 The duration of the protection granted by the present Convention comprises the life of the author and fifty years after his death. If not adopted; laws of country to govern term: (2) In case this period of protection, however, should not be adopted uniformly by all the countries of the Union, its duration shall be regulated by the law of the country where protection it claimed, and it can not exceed the term fixed in the country of origin of the work. The countries of the Union will consequently not be required to apply the provision of the preceding paragraph 566