BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
CONSIDERING THAT:
The Universal Copyright Convention as revised at Paris on July
24, 1971, together with two related protocols, the text of which, as
certified by the Director, Office of International Standards and Legal
Affairs, United Nations Educational, Scientific and Cultural
Organization, in the French, English and Spanish languages, is hereto
annexed;
The Senate of the United States of America by its resolution of
August 14, 1972, two-thirds of the Senators present concurring therein,
gave its advice and consent to ratification of the Convention as revised,
together with the two related protocols;
The President of the United States of America ratified the
Convention as revised, together with the two related protocols on
August 28, 1972, in pursuance of the advice and consent of the Senate;
The instrument of ratification by the United States of America was
deposited with the Director-General of the United Nations
Educational, Scientific and Cultural Organization on September 18,
1972, in accordance with paragraph 3 of Article VIII of the Convention
as revised;
It is provided in paragraph 1 of Article IX of the Convention as
revised that it shall come into force three months after the deposit of
twelve instruments of ratification, acceptance or accession;
It is provided in paragraph 2(b) of each of the protocols that it
shall enter into force in respect of each State on the date of deposit of
the instrument of ratification, acceptance or accession of the State
concerned or on the date of entry into force of the 1971 Convention with
respect to such State, whichever is the later; and
Pursuant to the provisions of paragraph 1 of Article IX of the
Convention as revised and paragraph 2(b) of each of the two related
protocols, the Convention as revised, together with the two related
protocols, entered into force on July 10, 1974.
NOW, THEREFORE, be it known that I, Richard Nixon, President of the
United States of America, proclaim and make public the Convention as
revised, together with the two related protocols, to the end that they
shall be observed and fulfilled with good faith by the United States of
America and by the citizens of the United States of America and all other
persons subject to the jurisdiction thereof.
IN TESTIMONY WHEREOF, I have signed this proclamation
and caused the Seal of the United States of America to be affixed.
DONE at the city of Washington this eighteenth day of July in the
year of our Lord one thousand nine hundred seventy-four and of
the independence of [SEAL] the United States of America the one
hundred ninety-ninth.
Richard Nixon
By the President: HENRY A. KISSINGER, Secretary of State
The Contracting States.
Moved by the desire to ensure in all countries copyright
protection of literary, scientific and artistic works,
Convinced that a system of copyright protection appropriate to
all nations of the world and expressed in a
universal convention, additional to, and without impairing
international systems already in force, will ensure respect for the rights
of the individual and encourage the development of literature, the
sciences and the arts,
Persuaded that such a universal copyright system will facilitate
a wider dissemination of works of the human mind and increase
international understanding,
Have resolved to revise the Universal Copyright Convention as
signed at Geneva on 6 September 1952 (hereinafter called "the 1952
Convention"), and consequently,
Have agreed as follows:
ARTICLE I
Each Contracting State undertakes to provide for the adequate
and effective protection of the rights of authors and other copyright
proprietors in literary, scientific and artistic works, including writings,
musical, dramatic and cinematographic works, and paintings,
engravings and sculpture.
ARTICLE II
1. Published works of nationals of any Contracting State and
works first published in that State shall enjoy in each other
Contracting State the same protection as that other State accords to
works of its nationals first published in its own territory, as well as the
protection specially granted by this Convention.
2. Unpublished works of nationals of each Contracting State
shall enjoy in each other Contracting State the same protection as that
other State accords to unpublished works of its own nationals, as well
as the protection specially granted by this Convention.
3. For the purposed of this Convention any Contracting State
may, by domestic legislation, assimilate to its own nationals any
person domiciled in that State.
ARTICLE III
1. Any Contracting State which, under its domestic law, requires
as a condition of copyright, compliance with formalities such as
deposit, registration, notice notarial certificates, payment of fees or
manufacture or publication in that Contracting State, shall regard
these requirements as satisfied with respect to all works protected in
accordance with this Convention and first published outside its
territory and the author of which is not one of its nationals, if from the
time of the first publication all the copies of the work published with
the authority of the author or other copyright proprietor bear the
symbol of a lower case "c" inside of a circle accompanied by the name of
the copyright proprietor and the year of first publication placed in
such manner and location as to give reasonable notice of claim of
copyright.
2. The provisions of paragraph 1 shall not preclude any
Contracting State from requiring formalities or other conditions for the
acquisition and enjoyment of copyright in respect of works first
published in its territory or works of its nationals wherever published.
3. The provisions of paragraph 1 shall not preclude any
Contracting State from providing that a person seeking judicial relief
must, in bringing the action, comply with procedural requirements, such
as that the complainant must appear through domestic counsel or that
the complainant must deposit with the court or an administrative
office, or both, a copy of the work involved in the litigation; provided
that failure to comply with such requirements shall not affect the
validity of the copyright, nor shall any such requirement be imposed
upon a national of another Contracting State if such requirement is not
imposed on nationals of the State in which protection is claimed.
4. In each Contracting State there shall be legal means of
protecting without formalities the unpublished work of nationals of
other Contracting States.
5. If a Contracting State grants protection for more than one term
of copyright and the first term is for a period longer than one of the
minimum periods prescribed in Article IV, such State shall not be
required to comply with the provisions of paragraph 1 of this Article in
respect of the second or any subsequent term of copyright.
ARTICLE IV
1. The duration of protection of a work shall be governed, in
accordance with the provisions of Article II and this Article, by the
law of the Contracting State in which protection is claimed.
2. (a) The term of protection for works protected under this
Convention shall not be less that the life of the author and twentyfive years after his death. However, any Contracting State which,
on the effective date of this Convention in that State, has limited
this term for certain classes of works to a period computed from this
first publication of the work, shall be entitled to maintain these
exceptions and to extend them to other classes of works. For all
these classes the term of protection shall not be less than twentyfive years from the date of first publication.
(b) Any Contracting State which, upon the effective date of
this Convention in that State, does not compute the term of
protection upon the basis of the life of the author, shall be entitled
to compute the term of protection from the date of the first
publication of the work or from its registration prior to publication,
as the case may be, provided the term of protection shall not be less
than twenty-five years from the date of first publication or from its
registration prior to publication, as the case may be.
(c) If the legislation of a Contracting State grants two or
more successive terms of protection, the duration of the first term
shall not be less than one of the minimum periods specified in
subparagraphs (a) and (b).
3. The provisions of paragraph 2 shall not apply to
photographic works or to works of applied art; provided, however,
that the term of protection in those Contracting States which protect
photographic works, or works of applied art in so far as they are
protected as artistic works, shall not be less than ten years for each of
said classes of works.
4. (a) No Contracting State shall be obliged to grant
protection to a work for a period longer than that fixed for the
class of works to which the work in question belongs, in the case
of unpublished works by the law of the Contracting State of
which the author is a national, and in the case of published
works by the law ...
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