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Rigi-App2(1)qxd 19/11/05 18:38 Page 51 Reports of the Various Diplomatic Conferences 1884 First Conference in Berne 53 1885 Second Conference in Berne 103 1886 Third Conference in Berne 149 1896 Conference in Paris 160 1908 Conference in Berlin 178 1928 Conference in Rome 223 1948 Conference in Brussels 256 1967 Conference in Stockholm 283 1971 Conference in Paris 330 Rigi-App2(1)qxd 19/11/05 18:38 Page 52 Rigi-App2(1)qxd 19/11/05 18:38 Page 53 APPENDIX 2 Records of the International Conference for the Protection of Authors’ Rights Convened in Berne September 8 to 19, 1884 PRELIMINARIES TO THE nations, to constitute the text of a universal CONFERENCE convention. Literary and artistic property has the same At the request of a committee composed of Swiss cosmopolitan character as thought itself. It is men of letters, artists, lawyers and publishers, the therefore not surprising that, in our century of Federal Council offered the hall of the Council of international conventions, one should have States for the meetings of the Conference, and sought to unify the legislation of the various was represented at it by one of its members, States on this subject, and to bring together the Mr.Numa Droz, Head of the Federal Department greatest possible number of the latter in a of Commerce and Agriculture. Union similar to the General Postal Union, The Berne Conference lasted from which has already proved its worth. September 10 to 13, 1883. Its work is summa- This aim was mainly pursued by the rized in the draft Convention on which it voted Association for the Codification and Reform of at its meeting on September 13. It regarded the the Law of Nations and by the International draft as no more than a basis for discussion Literary Association. The latter Association, which it proposed to the Federal Council with which was founded in 1878, took upon itself, as a view to the consideration of a draft its main task, ‘to propagate and defend the prin- Convention to be submitted to a diplomatic ciples of intellectual property in all countries, to conference for examination. The text of the study international conventions and to work on draft follows: their improvement.’ In the Congress that it held in Rome in 1882, it decided that a Conference Draft Convention for would meet in Berne in 1883 to lay the founda- the Establishment of a tions of a programme that could serve as the General Union for the formula for a universal convention. That Protection of the Conference was to be composed of delegates of literary societies, universities, academies, associ- Rights of Authors in ations, circles of men of letters, artists, writers Their Literary and and publishers belonging to the various nations, Artistic Works and to have the following as its programme: Article 1. The authors of literary and artistic (1) to consider the state of legislation on works that have appeared or been presented or literary property in various countries; performed in one of the Contracting States, on (2) to consider the important points on which the sole condition that they comply with the it is possible to achieve unification for the formalities laid down by the law of that country, purposes of a Literary Property Union; shall enjoy, for the protection of their works in the other States of the Union, regardless more- (3) to draft clear and concise articles, sum- over of their nationality, the same rights as marizing the principles acceptable to all nationals. Rigi-App2(1)qxd 19/11/05 18:38 Page 54 Appendix Article 2. The expression ‘literary and artistic of the States of the Union shall deposit those of works’ shall include: books, pamphlets or any its laws, decrees and regulations that have other writings; dramatic or dramatico-musical already been promulgated or will be in the works, musical compositions with or without future concerning the rights of authors. words and arrangements of music; works of That Bureau shall compile them and shall drawing, painting, sculpture and engraving, publish a periodical journal in French which lithographs, maps, plans, scientific diagrams, shall contain all such documents and informa- and in general any literary, scientific and artis- tion as it is necessary to make known to those tic work that may be published by any system interested. of printing or reproduction. Article 3. The rights of authors shall also apply Having accepted the mission entrusted to it by to manuscripts or unpublished works. the Conference, namely to endeavour to estab- lish between the nations, for the protection of Article 4. The lawful agents or representatives the rights of authors, a general Union based of authors shall in every respect enjoy the same on the principles set forth in the draft rights as are granted by this Convention to the Convention that had just been drawn up, the authors themselves. Federal Council addressed to the Governments Article 5. Authors who are nationals of one of of all civilized countries the following circular the Contracting States shall, in all the other letter, dated December 3, 1883, with which it States of the Union, enjoy the exclusive right of enclosed the text of the draft, and the minutes translation throughout the duration of the of the Conference: rights in their original works. ‘The protection of the rights of the authors of That right shall include the rights of publi- works of literature and art (literary and artistic cation or performance. property) is tending to become more and more Article 6. An authorized translation shall be the subject of international conventions. It is protected in the same way as the original work. indeed in the nature of things that the works of Where the translation is of a work that has fallen man’s genius, once it has seen the light, should into the public domain, the translator may not not be allowed to be restricted to a single country object to the same work being translated by and a single nationality; if it is of any value, it loses other writers. no time in spreading to all countries in forms that Article 7. In the event of violation of the fore- may vary to a greater or lesser extent, but which going provisions, the competent courts shall nevertheless allow the creative thought to subsist apply the provisions, both civil and criminal, in essence and in its principal manifestations. that have been enacted by the legislation con- That is why, now that all civilized States have rec- cerned as if the violation had been committed ognized and guaranteed by domestic legislation against a national. the rights of the writer and artist in their Adaptation shall be considered infringe- works, there has appeared the pressing need to ment and proceeded against in the same way. protect that right also in international relations, Article 8. This Convention shall apply to all which are developing and increasing daily. It is to works that have not yet fallen into the public that need that one has striven to respond with the domain in the country of origin at the time of numerous conventions concluded in recent years its entry into force. between the principal States. ‘However, whatever may be the advantages Article 9. It is understood that the States of the offered by those conventions, it has to be Union reserve the right to make special acknowledged that they are far from affording arrangements between themselves for the pro- uniform, efficacious and full protection of tection of literary and artistic works, provided authors’ rights. This shortcoming is unques- always that such arrangements in no way con- tionably related to the diversity of national leg- travene the provisions of this Convention. islation, which the system introduced by the Article 10. A central and international Bureau Convention has necessarily had to take into shall be established at which the Governments consideration. 54 Rigi-App2(1)qxd 19/11/05 18:38 Page 55 Appendix ‘The inequalities and indeed serious gaps in a literary or artistic work, whatever his nationality present international law were bound to have a and the place of reproduction, must be protected serious effect on those concerned, authors, everywhere on the same footing as the citizens of publishers or other entitled persons. This is every nation. why we see the utmost efforts being made on Once this fundamental principle, which is their part to bring about, on the one hand, the not in conflict with any existing convention, has universal recognition of the rights of authors been acknowledged, and once the General without distinction as to nationality, and on Union has been established on that basis, it is the other hand the desirable uniformity in the beyond doubt that, under the influence of the principles governing the subject. exchange of views that would take place between ‘It is to a large extent for the achievement of the States of the Union, the more blatant differ- this aim that the International Literary ences existing in international law would be Association was founded in 1878; it numbers removed one after another and would give way among its members eminent representatives of to a more uniform and hence more sure regime a great number of countries, and since that year for authors and their successors in title. has annually held a General Congress in vari- It is with this in mind that the Swiss Federal ous capitals of Europe. Council feels able to impress upon the ‘On the initiative of this Association, a Governments of all countries its endorsement Conference of delegates met in Berne last of the request made by the International September to discuss the bases of a General Literary Association.