Year book of motion pictures (1930)

beyond the extent to which it agrees with their domestic law. Term for photographic, posthumous, anonymous, or pseudonymous works: (3) For photographic works snd works obtained by a process analogous to photography ; for posthumous works ; for anonymous or pseudonymous works, the period of protection is regulated by the law of the country where protection is claimed, but this period may not exceed the term fixed in the country of origin of the work. ARTICLE 7 bis. Term for collaborative works: (1) The duration of the author's right belonging in common to collaborators in a work is calculated according to the date of the death of the last survivor of the collaborators. Term in country of origin, if shorter governs: (2) Persons within the jurisdiction of countries which grant a shorter period of protection than that provided in paragraph 1 can not claim in the other countries of the Union a protection of longer duration. Date of death of last survivor governs; (3) In any case the term of protection shall not expire before the death of the last survivor of the collaborators. ARTICLE 8 Exclusive right of translation for entire term: Authors of unpublished works within the jurisdiction of one of the countries of the Union, and authors of works published for the first time in one of these countries, enjoy in the other countries of the Union during the whole term of the right in the original work the exclusive right to make or to authorize the translation of their works. ARTICLE 9 Serial novels protected when published in newspapers or periodicals: (1) Serial stories ("romansfeuilletons") novels and all other works, whether literary, scientific, or artistic, whatever may be their subject, published in newspapers or periodicals of one of the countries of the Union, may not be reproduced in the other countries without the consent of the authors. Economic, political, and religious discussions: (2) Articles of current economic, political, or religious discussions may be reproduced by the press if their reproduction is not expressly reserved. But the source must always be clearly indicated ; the sanction of this obligation is determined by the legislation of the country where the protection is claimed. News items not protected: (3) The protection of the present Convention does not apply to news of the day or to miscellaneous news having the character merely of press information. ARTICLE 10 Extracts from literary or artistic works for educational publications. As concerns the right of borrowing lawfully from literary or artistic works for use in publications intended for instruction or having a scientific character, or for chrestomathies, the provisions of the legislation of the countries of the Union and of the special treaties existing or to be concluded between them shall govern. ARTICLE 11 Representation of dramatic or dramatico musical works: (1) The stipulations of the present Convention apply to the public representation of dramatic or dramatico-musical works and to the public performance of musical works, whether these works are published or not. Representation of translations of dramatic works: (2) Authors of dramatic or dramatico-musical works are protected, during the term of their copyright in the original work, against the unauthorized public representation of a translation of their works. Notice of reservation of performance not required: (3) In order to enjoy the protection of this article, authors in publishing their works are not obliged to prohibit the public representation or public performance of them. ARTICLE 11 bis. Radio diffusion: (1) The authors of literary and artistic works enjoy the exclusive right to authorize the communication of their works to the public by radio diffusion. National legislations govern ; moral right of author; equitable remuneration obtainable: (2) It belongs to the national legislatures of the countries of the Union to regulate the conditions for the exercise of the right declared in the preceding paragraph, but such conditions shall have an effect strictly limited to the country which establishes them. They can not in any case adversely affect the moral right of the author, nor the right which belongs to the author of obtaining an equitable remuneration fixed, in default of an amicable agreement, by competent authority. ARTICLE 12 Adaptations, etc., considered as infringements: Among the unlawful reproductions to which the present Convention applies 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-versa, 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 Adaptation of musical works to mechanical instruments: (1) Authors of musical works have the exclusive right to authorize: (1) the adaptation of these works to instruments serving to reproduce them mechanically; (2) the public performance of the same works by means of these instruments. Each country to regulate for itself the manner in which article shall apply: (2) The limitations and conditions relative to the application of this article shall be determined by the domestic legislation of each country in its own case ; but all limitations and conditions of this nature shall have an effect strictly limited to the country which shall have adopted them. Not retroactive: (3) The provisions of paragraph 1 have no retroactive effect, and therefore are not applicable in a country of the Union to works which, in that country, shall have been lawfully adapted to mechanical instruments before the going into force of the Convention signed at Berlin, November 13, 1908; and, in the case of a country which has acceded to the Union since that date, or shall accede to it in the future, then when the works have been adapted to mechanical instruments before the date of its accession. Importation of mechanical musical appliances prohibited: (4) Adaptations made by virtue of paragraphs 2 and 3 of this article and imported, without the authorization of the parties interested, into a country where they would not be lawful, may be seized there. ARTICLE 14 Reproduction by cinematograph: (1) Authors of literary, scientific or artistic works have the exclusive right to authorize the reproduction, the adaptation and the public representation of their works by means of the cinematograph. Cinematographic productions protected: (2) Cinematographic productions are protected as literary or artistic works when the author shall have given to the work an original character. If this character is lacking, the cinematographic production enjoys the same protection as photographic works. Cinematographs copyrightable: (3) Without prejudice to the rights of the author of the work reproduced or adapted, the cinematographic work is protected as an original work. 567