World Copyright Convention

zhaozj2021-02-08  503

World Copyright Convention

(Revised in Paris on July 24, 1971)

To ensure the protection of the copyright of literature, science and art work in all countries; it is convinced that it is applicable to the world's countries and is determined by the World Convention, supplement is not desirably related to the current copyright protection system of the current international system. The respect for personal rights will be guaranteed, and the development of literature, science and art will encourage literature, science and art; believe this world copyright protection system will promote more extensive communication and international understanding of human spirit products; decided to revise September 6, 1952 The World Copyright Convention (hereinafter referred to as the "1952 Convention) signed in Geneva), the Special Agreement is as follows:

Article 1 To make full and effective protection for the rights of literature, science, and artwork, including text, music, drama and film, as well as painting, engraving, and sculpture.

Article 2 (1) Works published by any States parties and the first published works in the country, and all other States Parties have the same protection of other States parties to their nationals, the first publication of the country, and the convention protection. (II) Any member of the State party's national unprivisions, in other States Parties, the other States Parties have the same protection to their national unprofitable works, as well as this convention. (3) For the implementation of this Convention, any of the State Party may regard anyone who will settle in the country as a national national law according to the law.

Article 3 (1) Any Party country requires its domestic law requirements to perform procedures - such as payment samples, registration, publishing the notice, payment of notarized documents, paying the fees, or domestic production publishing, etc. - as a copyright protection For all the works of the first publication of the present convention and the first publication of their authors in the country, they should be considered as the above requirements, as long as the author or copyright owner authorized all the books, self From the beginning of the first version, it is marked with (c) and indicates the name of the copyright owner, the initial version of the year, and the way of the label should make people noticed the requirements of copyright. (II) The provisions of paragraph (1) of this article shall not prevent any State party's work or other conditions issued by the country's first edition or its national publishing to achieve and enjoy copyright requirements. (3) Regulations on paragraph (1) of this article shall not obstruct any Contracting State: Anyone who requires judicial rescue must perform procedural requirements during prosecution, such as prosecutors must appear in court through national defenders, or by prosecutors Works of litigation are sent to the court or the administration, or both; but failed to fulfill the above procedural requirements, it should not affect the power of copyright, and if the country, the country, the country, the country, does not make this requirement, also This requirement should not be imposed on the nationals of another State Party. (4) The States Parties should have legal measures to protect the works that other States parties have not yet published, and they do not have to perform procedures. (5) If a State Party is allowed to have more than one copyright protection deadline, the first period is longer than one of the shortest periods specified in Article 4, and the second or subsequent copyright period is not required. The state implements the provisions of paragraph (1) of this article.

Article 4 (1) According to the second and these Articles, the copyright protection period of a certain work should be provided by the work of the party to give a copyright protection of the State Party. (2) A, affected by this convention, its protection period is not less than the birth of the author and the twenty-five years after the death. However, if any Contracting State entered into force on the country in this Convention, the protection period of certain types of works has been defined as a certain period of time after the first version of the work, and the State has the right to maintain its provisions and can put these regulations. Expand works applied to other kinds of kinds. For all these kinds of works, its copyright protection period has been less than 25 years since its first version. B. Any State Party has not yet determined the protection deadline according to the birth of the country in this Convention. If the author is required, the copyright protection is not less than the date of the start of the work. Twenty-five years. C, if a State party's law allows two or more continuous protection deadlines, the first protection period shall not be shorter than one of the shortest periods specified in this A, B. (3) The provisions of subsection (II) of this article do not apply to photographic works or practical artworks; however, when these States parties are given to photographic work or practical art work as an art of art, the term predetermined period of each class shall not be less than ten. year. (4) A, any State Party gives the protection period given by a certain work. It is not longer than the relevant States Parties (if it is not published work, refers to the State Party to which the writer belongs; if it is a published work, it refers to the State Party that first publishes the work. The law defines the defense specified by the same kind of work belonging to the work. B, for the implementation of this A item, if a State Party's law is given two or more continuous protection deadlines, the country's protection period should be considered as the sum of these periods. However, if the country does not give copyright protection for some reason, other States parties are not obliged to protect within the second or any subsequent period for some reason. (5) In order to implement this article (4), the first publication of a State party's first publication in Non-Party shall be handled in accordance with the State party to the author. (6) In order to implement this article (4), if a work is published in two or more contractors, the work shall be considered to be published in the country of the minimum protection period. Any work should be published in two or more contractors within 30 days of the first version, and should be considered to be published in the above Parties. Article 4 (1) The rights described in Article 1 of this Convention shall include the various basic rights to ensure the economic interests of the author, which is allowed to copy, performance and broadcast, etc. The provisions of this Article can expand all kinds of works protected by this convention, regardless of whether they are in the original form or from the original stretching. (2) However, any State Party can make exceptions for the spirit and content of this convention according to its domestic law. Any State Party that is allowed to make exceptions must be reasonably protected against the right to make exceptions.

Article 5 (1) The various rights described in Article 1 shall include the author's translation of the right to translate the author of this convention, as well as publishing and authorizing others and translation of the above-mentioned works. (2) However, any Contracting State can restrict the rights of the work in its domestic law; but must be in accordance with the following provisions: A, if a work is first published for seven years, its translation rights have not, and no people have authorized others The work is published in a generic language translation of a State party, and any of the State Party can obtain non-specialized rights licenses from the competent authority, and publish the work in general Chinese translation. B, the country should prove that he has requested authorized translation to publish the work according to the procedures prescribed by the State Party, but the translated rights are refused; or if they have worked repeatedly, they still failed to find the copyright owner. If the translation of the general language of the previously published States Parties has been out of print, a license can also be issued according to the same conditions. C, if the translated rights are failed to find, the license applicant should send a copy of the copy of the application to the publisher who is written on the work. If the translated rights have already clarified, the copy of the application should be sent Translating the rights or consular representatives of the owners' country, or send the institution designated by the government. A license may not be issued for two months after the application of the copy of the application. Ding and domestic law should make a corresponding provision to ensure that the translation rights are fair and comply with international standards, guarantee the payment and translation of this compensation, and ensure accurate translation of the work accurately. Each of the valeries published should be published in the original name and author name. The license is only valid when publishing the translation of the parties issued to a license. Such translation publications can be entered into another State Party and sell in their territory, as long as the country's general language and works are the same language, and the country's law provides for this license, but also for import and sales. Do not prohibit. If there is no such condition, the above-mentioned translation in a State Party shall be controlled by the country's laws and agreements. The license must not be transferred by the license. Years, if the author has stopped issuing a piece of work, the translation license for this work is not issued. Article 5 (1) If a formula recognized by a State Party is considered a developing country, the country is approved, accepted or participated in this Convention, or after this, to the United Nations Education, Scientific and Cultural Organization. After the Director-General (hereinafter referred to as the Director-General), you can use any one or all of the exceptions of Article 5 and 4. (2) Any such notice is effective within ten years from the date of this Convention, or it is effective within the time of depositing the decade of the decade of the notice; if it is three to ten before the relevant period In the five months, the State party will continue the notice of the Director General, and the original notice can be extended or partially extended for ten years. Based on this section, the first notice can also be proposed during the continuation decade. (3) Despite the provisions of subsection (II) of this article, such as a State Party is no longer considered by developing countries referred to in paragraph (1), the State party should have no right to extend this paragraph (1) and (2) The specified notice. Regardless of whether the State party formally withdraws its notice, or when the country is terminated or the country is no longer considered as the three-year period after developing countries, the State party does not help Exceptions for the five three and four. (4) The work already published in accordance with the exception of Article 5 and the exceptions of the provisions of the notice in accordance with this Article, it can continue to be released until the stock is over.

(5) If any State Party is in accordance with Article 13 Regulations on this Convention on a specific country or territory, the situation of this particular country or territory can be considered as described in paragraph (1) of this article. The country is similar, and the State Party may also deposit and extend its notice in accordance with this section on such countries or territories. During the validity period of the above notice, the above-mentioned national or territory can also be applied to the provisions of Article 5 and four of this Convention. Publications delivered by the country or territory with the State Party shall be considered as the export publication described in Article 5 and 4. Article 5 Three (1) Any State Party, which is applicable to the second paragraph (1) of Article 5, can replace Article 5 (3) by the three years or more than three years of the country. The seven-year period of the specified seven-year period, however, the text embodied in one or several developed countries is not common in one or several developed countries, and the above-mentioned countries is also the Contracting State of the Convention of 1952, the above period should For a year rather than three years. B, in the consistent agreement of the developed countries that participate in this Convention or only in the Jiu Ji, such as the same language in the above countries, and a piece of work is translated into the above language, then the second two The State party of paragraph (1) may replace the other period of the above countries in accordance with the three-year period specified in this approval, but the other period is not shorter than one year. However, this provision does not apply to the three languages ​​of General British, Method, Spain. The notice of any of the above agreements shall be sent to the Director General. C, if the applicant proves that he has requested the translation rights owner to authorize, but he is rejected, or he has failed to find the copyright owner, he can obtain a license. While proposing the above requirements, he shall inform United Nations International All-Copyright Intelligence Center established by the United Nations Education, Scientific and Cultural Organization, or any country or region specified in the Notice of the State party of the publisher's main business place. Intelligence center. Ding, such as failing to find the translation rights, the license applicant should send a copy of its application to the publisher who is written on the work, and also sent to the proportan National or region intelligence center. If there is no in the center, he should send the copy of its application to the International Alligature Intelligence Center established by the United Nations Education, Science and Cultural Organization. (2) A, according to this section, the license available after three years can be issued after six months; the license available later will be awarded after nine months. The term of the above six, nine months should be calculated from the provisions of the propylene, such as the application permit, such as the identity of the translation right, and the address is unknown, according to the (1) Di It is specified that the date of the application will be counted. B, translation rights all people or authorized others have been published in the above six months or nine months, and the license shall not be issued again. (3) The license specified in this section has to be issued for the purpose of mathematics, learning, or research. (4) A, according to the license issued by this Article, only in the application of the license is effective, and its publication must not export. B, according to any publication published in this section, Apply the application of the appropriate language publishing, and this publication is only sold only in the country of issuance of a license. If the book is issued with a number of issues stipulated by paragraph (1), its translation should be published in the same notice.

C, Party government agencies or other public groups have issued a license to translate a work into another text other than the British, Method, and the government or public group. When the above license is prepared, this item is not applicable to the prohibition of export books, if: (1) The recipient is a person, and the person is a national government, Or organizations of such individuals; (2) These translations are only for teaching, learning or research; (3) The translation of the translation and the subsequent distribution to the recipient is not for profit; (4) accept the above The country of translation has reached an agreement with the State party, consent to accept or distribute, or both; any party reached the above agreement has informing the Director General. (5) The corresponding provisions should be made at the national level to ensure: A, give reasonable compensation when issuing the above licenses, this compensation should comply with the rating of the two countries to freely negotiate the copyright license of copyright license. . B, payment and transfer of compensation, if the obstacleness of the national currency regulations, the competent authority should try to use international agencies to ensure that the internationally convertible currency is used to transfer. (6) If the translation of a work is published by the translation right or authorized by others, the text is the same as that of the country's licensed, and its content is substantially the same, and its price is similar to the same kind of work in the country. Generally, the prices are quite, and the licenses issued by the State Party according to this section shall stop effective. However, the translation issued by the above license expiration can continue to issue until the stock is all sold out. (7) Anyone who is mainly based on an illustration is only available in paragraph 5, and the translation of its text can be issued, and the license is copied. (8) A, headquartering broadcast organization, which is part of the second part of Article 5, is proposed in the country, according to the following conditions, can also use the translation license of the work of the original convention to prototypely The certificate is issued to the organization: (1) The translation is translated into and obtained according to the law of the State party; (2) Translation is for teaching or broadcasting special technology or scientific research results in a professional expert (3) Use of the purpose of the translation of subsection (2), and through the legitimate broadcast of the audience in the State party, including broadcasting of the above-mentioned broadcasting purposes by recording or recording by recording or recording; (4) The translation of the translation or the record can only exchange between the broadcasting organizations of the State party issued by the issuance of the license; (5) All use of the translation has no profit. B, if fully compliant, the standards and conditions of the above-mentioned APR, or the translation license for any text of the audiovisual material prepared and published for system education activities can be issued to a broadcast organization. C, other provisions of this section are applicable to the issuance and use of licenses in accordance with the conditions of the two provisions of this paragraph and B. (9) Any license issued by this section shall be subject to the provisions of Article 5 of the provisions of this section; even after the seven-year period in accordance with paragraph (2) (2), the above license It should also continue to be subject to the constraints specified in Articles 5 and this section. However, after the above period expires, the license holder has the right to replace the above licenses only subject to new licenses that are only constrained by the fifth.

Article 5 IV (1) Any State Party that applies to the second (1) of Article 5 can adopt the following provisions: A, (1) in the proposed (3) of Class A (3) After the specific versions of literature, science or art work first published the date due to the date due, or (2) after any longer period expired by the State party's national law, if the copy rights owner did not, Unauthorized others will sell the above-mentioned publications with a general price of the same kind of work in the country, or for the purpose of the country's general public or for system education activities, any of the countries of the country can apply to the competent authority to obtain non-specialized Some licenses, publish the above version by the above price or lower price. As mentioned above, in accordance with the procedures prescribed by the State Party, he has requested that he has requested authorization to publish the work, but the copyright owner is refused; or he has not found the copyright owner after its own efforts, he can get a license. In proposing the above requirements, he should inform United Nations International Copyright Information Center established by United Nations Education, Scientific and Cultural Organization, or intelligence centers in any country or region as described by Ding. B, if in six months, the licensed version of the publication is not sold in the country's general public or for system education activities in the relevant countries. A license can also be issued based on the same conditions. C. The period specified by this will be five years, except the following: (1) Nature and physics (including mathematics) and technical works, its period is three years; (2) novels, poetry, drama, music Readers in works and art, the period is seven years. Ding, such as failed to find the copy rights owner, the license applicant should send the copy of the copy of its application to the publisher who is written on the work and send it to the main business place in the publisher. Any country or regional intelligence center designated in the Notice of the State Tradeem Director General. If there is no mention of the notice, he should send a copy of the application to the International Copyright Intelligence Center established by the United Nations Education, Scientific and Cultural Organization. A license may not be issued within three months from the date of issuance of the application copy. Hulu, in the case, the license available after three years of this section: (1) count the date of the application license as described in this paragraph, or if the copy right If the identity or address of the owner is unknown, it is not full of six months from the date of the application of this Ding. (2) If the publication of this A reference is Begin the release. He yourself, the title of the author's name and its work-specific version should be published on all the books in the copy publication. The license is only effective in the application of a license, and its replication publication cannot be exported. License holders must not transfer their licenses. Geng, domestic law should make a corresponding provision to ensure accurate replication of the above-mentioned specific versions. Xin, all of which will not be issued in this article to provide a copy of a copy of a copy of a copy of a copy: (1) The translation is not the translation right, nor is it to be published by others; (2) The translation is not The general language published by the State party that has the right to issue a license. (II) Exceptions of paragraphs (1) shall be subject to the following supplementary constraints: A, any publication published in this section, Appropriate language publishing application Apply this publication is only applicable to this license Contracting domestic sales. If this version is issued with the notices specified by paragraph (1), all the volumes of all the volumes should be published the same notice.

B shall make a corresponding provision at the national level to ensure: (1) Give reasonable compensation when issuing a license, the compensation should comply with the rating of the two countries to freely and negotiate the copyright license; (2) Payments and transactions on compensation, if the obstruction of the national currency regulations, the competent authority should try to use international agencies to ensure that the internationally convertible currency is used to deliver the currency with it. C, if the owner of the owner is or authorized to sell a version of the work to the country's general public or for the purpose of the system education activities, the price is equivalent to the general price of the same kind of work, its text and According to the version published by the license, the content is generally consistent, and the license issued under this section shall stop effective. But all volumes published before the above license failure can continue to release until the stock is all sold out. Ding, if the author has received all the volumes of the version of this version that is being issued, the license will not be issued again. (3) A, under the conditions specified in this paragraph B, this article is applicable to the works of this article, should be limited to works published in a printing or similar replication. B, this section provides for recording and recording of the audiovisual material, including any protected work, including any protected works, including any protected works, and is suitable for translation of the text in the above-mentioned audiovisual material into a State party that has the right to issue a license. General language, as long as these audiovisual materials are specially prepared and published for system education activities. Article 6 The term "publishing" in this Convention, refers to a copy of a certain form, and is issued in the public for view or watch.

Article 7 This Convention is not applicable to those who have permanently belong to the country's public or copyright in the date of the country's entry into force.

Article 8 (1) The revision date of this Convention is July 24, 197. It should be saved by the Director General and should be in 1952 in one hundred and twenty days from the above date. All participating countries of the Convention signed. This Convention must be approved or accepted by each signatory. (2) States that have not signed in this Convention can be added. (3) Approved or joining this Convention shall be effective to exchange the relevant documents to the Director-General.

Article 9 (I) This Convention will take effect after twelve approvals, accept or join the certificate for three months after the deposit. (2) After that, this Convention will take effect for each country to approval, accept or join the certificate after three months after its deposit. (3) Any country to join the Convention, if the convention did not joined the 1952, it should also be considered to join the Convention; however, if the delivery of its joining certificate is before the entry into force of this Convention, the country joins one The Convention in 1995 must take effect as the conditions in this Convention. After the entry into force of this Convention, any country must only join the 1952 conventions. (4) The relationship between this Convention participates in the country and only the 1952 Convention, which should be subject to the provisions of the 1952 Convention. However, only the country of the Convention on the 1926th, can be notified to the Director-General, announced that the 1971st Convention applies to the country's national work and the first publication of this Covenant. works.

Article 10 (1) Each State Party should take the necessary measures according to its constitution to ensure the implementation of this Convention. (II) The country should take effect in accordance with its domestic law in accordance with its domestic law in accordance with its domestic law in accordance with its domestic law.

Article 11 (1) Establish a "Intergovernmental Committee", its responsibility is as follows: A, studying the applicable and implementation of the World Copyright Convention; B, do a good job in regular revision of this Convention; C, " Science and Cultural Organization, "International Protection Literature and Art Works Alliance", "American State Organization" and other relevant international organizations, research on any issues related to international protection copyright; Ding, the "Intergovernmental Committee" informs the world Copyright Convention participating in the country. (II) The Committee will consist of representatives of the 18th countries that participate in this Convention or only participate in the 1952 Convention. (3) The choice of members of the committee should be appropriately taken into account the balance of the interests of various countries according to the geographical location, population, language and development levels. (4) Director-General of the United Nations, Science and Cultural Organization, the Director-General of the World Intellectual Property Organization, and the Inter Or organized the Secretary-General or their representatives to participate in the meeting of the committee. Article 12 The Intergovernmental Committee considers that it is necessary to call the Convention when necessary, or by the request of at least 10 States parties to this Convention.

Article 13 (1) Any State Party, when saving its approval, accepting or joining the certificate, or within any time thereafter, the announcement of the Convention is applicable to its international The relationship is responsible for all countries or territories, or any of the countries or territories; therefore, after the three months of the three months specified in Article 9, it will apply to the national or territory mentioned in the notice. This Convention will not apply to such countries or territories if there is no such notice. (2) However, this Terms must not be understood as a national or territory of the national or territory of this convention in accordance with this section.

Article 14 (1) Any State Party can abolish all or any of the countries or territories involved in the notice issued by Article 13, according to Article 13. The Convention is abolished. The abolition of this Convention shall be sent to the Director General in a notice. The abolition also constitutes the abolition of the convention for 1952. (2) This abolition is only valid for the relevant State Parties or the countries or territories they represent, and should take effect after the date of receipt of the notice.

Article 15 If two or several States parties have disputed the interpretation and implementation of this Convention, the dispute should be submitted to the International Tribunal, unless the relevant countries agreed to take other solutions.

Article 16 (1) This Convention is made in English, French and Spanish text, three texts should be signed and equally effective. (2) After consultation with the relevant government, the Director General will formulate the official text of Arabic, German, Italian and Portuguese. (3) Some or several State States have the right to organize other texts of the Chinese language that have been selected by the Director General after consultation with the Director General. (4) All these texts are attached to the text of this Convention.

Article 17 (1) This Convention has never affected the terms of the Bern's Convention on the Convention or the membership of the Alliance established by the Convention. (2) In order to implement the provisions of the preceding paragraph, this section is attached to a statement. This statement is the part of this Convention by countries that are constrained by the Bern Convention on January 1, 1951. These countries signed in this Convention should also be considered signed on this statement, and the approval, acceptance or addition of these countries should include the statement.

Article 18 The Convention will not abolish the multilateral or bilateral copyright conventions (special) or agreements (special) or agreements (special) or agreements that are only effective or possible between the two countries or countries. Regardless of the provisions of such conventions (specials) or agreements and the provisions of this Convention, or new conventions that may be developed in two or several republics after the Terms of this Convention When there is a difference between the provisions of the provisions of the agreement or the agreement, it should be subject to the recently developed convention (special) or agreement. Any State party should not be affected by the country before the entry into force of this Convention shall not be affected according to the existing Convention (special) or agreement. Article 19 This Convention will not abolish a multilateral or bilateral convention (special) or agreement between two or several States parties. Once the terms of this existing Convention (Special) or agreement with the provisions of this Convention, the provisions of this Convention will be subject to the provisions of this Convention. Any State party will not be affected by the copyright obtained by the country in accordance with the country's entry into force of the country, this article will not affect the implementation of Article 17 and 18.

Article 20 Do not have any reservations on this Convention.

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