24Th Year — Nos. 7- J Uly-August 1988 Monthly Review of the World
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Published monthly Annual subscription : 145 Swiss francs Each monthly issue: 15 Swiss francs Copyright 24th year — Nos. 7- Monthly Review of the J uly-August 1988 World Intellectual Property Organization (WIPO) Contents NOTIFICATIONS CONCERNING TREATIES Berne Convention. Accessions to the Paris Act ( 1971 ): Peru, Trinidad and Tobago 307 Phonograms Convention. Accession: Trinidad and Tobago 307 ACTIVITIES OF THE INTERNATIONAL BUREAU The Centenary of the Publication of Le Droit d'auteur 308 STUDIES Copyright and the Illustrator of Children's Books, by Hildebrando Ponies Neto 317 ACTIVITIES OF OTHER ORGANIZATIONS International Association for the Protection of Industrial Property (AIPPI). Executive Committee (Sydney. April 10 to 15. 1988) 323 BOOKS AND ARTICLES 325 CALENDAR OF MEETINGS 329 COPYRIGHT AND NEIGHBORING RIGHTS LAWS AND TREATIES (INSERT) Editor's Note REPUBLIC OF KOREA Copyright Act (No. 3916. of December 31. 1986) Text 1-01 © WIPO 1988 Any reproduction of official notes or reports, articles and translations of laws or agreements, published ISSN 0010-8626 in this review, is authorized only with the prior consent of WIPO. NOTIFICATIONS CONCERNING TREATIES 307 Notifications Concerning Treaties Berne Convention Accessions to the Paris Act (1971) PERU The Government of Peru deposited, on May 20, The Berne Convention, as revised at Paris on 1988, its instrument of accession to the Berne Con- July 24, 1971, and amended on October 2. 1979, vention for the Protection of Literary and Artistic will enter into force, with respect to Peru, on Au- Works of September 9, 1886. as revised at Paris on gust 20, 1988. July 24. 1971. Peru will belong to Class VII for the purpose of Peru has not heretofore been a member of the establishing its contribution towards the budget of International Union for the Protection of Literary the Berne Union. and Artistic Works ("Berne Union"), founded by the Berne Convention. Berne Notification No. 120. of May 20, 1988. TRINIDAD AND TOBAGO The Government of Trinidad and Tobago de- The Berne Convention, as revised at Paris on posited, on May 16. 1988. its instrument of acces- July 24, 1971, and amended on October 2, 1979. sion to the Berne Convention for the Protection of will enter into force, with respect to Trinidad and Literary and Artistic Works of September 9, 1886, Tobago, on August 16, 1988. as revised at Paris on July 24, 1971. Trinidad and Tobago will belong to Class VII for Trinidad and Tobago has not heretofore been a the purpose of establishing its contribution towards member of the International Union for the Protec- the budget of the Berne Union. tion of Literary and Artistic Works ("Berne Union"), founded by the Berne Convention. Berne Notification No. 119, of May 16, 1988. Phonograms Convention Accession TRINIDAD AND TOBAGO The Director General of the World Intellectual nograms Against Unauthorized Duplication of Property Organization (WIPO) has informed the Their Phonograms. Governments of the States invited to the Diplo- The said Convention will enter into force, with matic Conference on the Protection of Phonograms respect to Trinidad and Tobago, three months after that, according to the notification received from the the date of the notification given by the Director Secretary-General of the United Nations, the Gov- General of WIPO. that is on October 1, 1988. ernment of Trinidad and Tobago deposited, on June 27, 1988, its instrument of accession to the Phonograms Notification No. 48, of July I, Convention for the Protection of Producers of Pho- 1988. 308 COPYRIGHT - JULY-AUGUST 198S The Centenary of the Publication of Le Droit d'auteur This year of 1988 marks a hundred years of pub- At its eleventh session held in New Delhi in lication of Le Droit d'auteur, the original, December 1963, the said Permanent Committee of French-language periodical journal published by the International Union for the Protection of Liter- the International Bureau, on matters concerning ary and Artistic Works considered a report of the the Berne Union for the Protection of Literary and International Bureau on the conditions of publica- Artistic Works. Its counterpart in industrial prop- tion of Le Droit d'auteur, and pursuant to the rele- erty is the journal La Propriété industrielle estab- vant article of the Berne Convention, lished by the Paris Convention for the Protection of ... requested the Swiss Government, as Supervisory Author- Industrial Property of 1883. and Le Droit d'auteur ity, to consult, as soon as possible, the Member Countries of itself derives its mandate from the Convention the Berne Union with a view to authorizing the International which founded the Berne Union—the Berne Con- Bureau to publish a separate edition of this review in the vention for the Protection of Literary and Artistic English language. Works of 1886. The first issue of Le Droit d'auteur All the member countries of the Union either appeared in January 1888. expressly or tacitly agreed, and as from January The Final Protocol of the Berne Convention laid 1965, the English edition. Copyright, emerged as a down in 1886 that parallel but separate publication with identical con- The International Bureau shall centralize information of tents. every kind relating to the protection of the rights of authors The following figures give an indication of the over their literary and artistic works. It shall coordinate and volume of material published. Between January publish such information. It shall undertake studies of gen- 1888 and December 1987, there have been 1,188 eral utility concerning the Union, and shall edit, with the help issues of Le Droit d'auteur, amounting to over of documents supplied to it by the various Administrations, a periodical journal in French dealing with questions relating 22,000 pages, including all inserts and analytical to the objects of the Union. The Governments of the coun- tables. From January 1965 to December 1987. tries of the Union reserve the right to authorize, by common there have been 264 issues of Copyright, amounting agreement, the publication by the Bureau of an edition in one to over 8,000 pages, also including inserts and ana- or more other languages if experience should show this to be lytical tables. These issues were invariably monthly necessary. until 1975, after which there was one exception, Experience increasingly pointed to the need to namely the single, combined July-August issue publish an English-language periodical. In 1961, which was instituted in 1976. It is for that reason the Permanent Committee of the International that the number of issues, during 100 years, is not Union for the Protection of Literary and Artistic 12 times one hundred, that is, 1,200, but only Works, at its tenth session held in Madrid, recom- 1,188. mended that The first editor of Le Droit d'auteur was Ernest As regards the publication Le Droit d'auteur, while main- Röthlisberger, a Swiss national who served the In- taining the principle of publication in French, the largest pos- ternational Bureau from 1888 to 1926, and rose to sible number of articles and texts in other languages should be its Director in 1921. His editorship lasted 29 be included therein. years, and left an imprint which lasts to this day. In application of this resolution, as from January Broadly speaking, throughout the century of its 1962, an English-language insert was published existence, the publication can be divided into an within Le Droit d'auteur, entitled Copyright: it con- official and unofficial part, although it has not tained a part of what was printed in Le Droit d'au- always been specifically categorized as such. teur in the form of official legislative texts, articles The official part traditionally carried out the or other items, in the original or in translation, but centralization of information directly of interest to it remained an integral part of Le Droit d'auteur, member countries, as envisaged by the Berne Con- and its contents were never quite identical with that vention. It has progressively contained such mate- of the journal itself. This arrangement continued rial as studies of that Convention, notifications until the end of 1964. about relevant events and activities in member ACTIVITIES OF THE INTERNATIONAL BUREAU 309 countries, their adherence to international instru- This was to be a forum, set apart from "regular ments administered by the International Bureau, collaboration," and open to anyone who wished to information on those countries' relations within contribute to the discussion of issues of interest to and outside the Union in the field of copyright, the Union, whether by erudite articles, comments whether with organizations or with States, informa- on published material, or literally by correspon- tion on organizational questions within the Interna- dence. A man as eminent as Louis Ulbach. Presi- tional Bureau, and accounts of debates conducted dent of the International Literary and Artistic Asso- and decisions taken in meetings held at an interna- ciation, was of the opinion in 1888 that tional level within the framework of the Interna- tional Bureau's activities. You arc quite right to feel that the International Bureau in Naturally, these contents have expanded and Berne should not be a mere intermediary for [the publication changed with the passage of time, to reflect the evo- of] official documents. It should stimulate writers and ask them to get together to make up a family which shows solidar- lution of the international scene: this evolution ity in defending its moral rights—which