Law 11

Original Language Title: Ley 11

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June 11, 1947 law

CONVENTION:

Subscribe to Washington on copyright protection.

ENRIQUE HERTZOG G.

Constitutional President of the Republic

By How much the National Congress has sanctioned the following Law:

THE H. NATIONAL CONGRESS,

DECRETA:

Single Artimulo. Approve the Convention signed in Washington from 1 to 22 June 1946, by the

representatives of Bolivia, Nicaragua, Ecuador, Dominican Republic, Guatemala, Mexico, Venezuela, Peru, Haiti Panama, Colombia, Chile, Brazil, Costa Rica, Honduras, Argentina, United States of America, Uruguay, Paraguay, El Salvador, Cuba and the Pan American Union, meeting at the International Conference for the Protection of Copyright.

Contact the Executive Branch for the purposes of the

The meeting room of the H. National Congress.

La Paz, May 31, 1947.

M. Urriolagoitia, José Antonio Arze, M. Mogro Moreno, Congreso Secretario, N. García Chávez, Congresal

Secretary ad-hoc, H. Bohorquez, Congreso Secretario, P. Montano, Congresal Secretario.

Therefore: I enact it so that has and complies with the Republic Act.

Palace of Government, in the city of La Paz, on the eleven days of the month of June of a thousand nine hundred and forty-seven years.

E. Hertzog.-Armando Alba.

" IS A FAITHFUL COPY OF THE 1947 LEGISLATIVE YEARBOOK, p. 42-43 "

INTER-AMERICAN CONVENTION ON COPYRIGHT IN LITERARY WORKS,

SCIENTIFIC AND ARTISTIC

Approved by the National Congress of Bolivia by Law of 31 May 1947.

The Governments of the American Republics.

Desiring to perfect the inter-American mutual protection of copyright in literary, scientific,

and

Eager to encourage and facilitate exchange Inter-American cultural,

They have resolved to arrange a convention to carry out the stated purposes, and have agreed upon the

following articles:

ARTICLE 1

The Contracting States undertake to to recognize and protect copyright on literary works,

scientific and artistic, in accordance with the stipulations of this Convention.

ARTICLE 2

Copyright, according to this Convention comprises the exclusive faculty that the author of a work has

literary, scientific and artistic: to use and authorize the use of it, in whole or in part; to have that right to any title, totally or partially, and to transmit it for the cause of death. Use any of the following means or are known to be known.

Publish it, either through printing or in any other way;

Representing, reciting, exposing, or executing it publicly;

Reproducing, adapting, or presenting it by measurement of cinematography;

Adapting it and authorizing general or special adaptations to instruments that serve to reproduce it mechanically or electrically; or execute it in public through such instruments;

photography, telephotography, television, broadcasting, or any other means currently known to be invented and used for the reproduction of signs, sounds or images;

Transforming, transporting, fixing, instrumenting, dramatizing, adapting, and, in general, transforming it otherwise;

Reproduce it in any form, total or partially.

ARTICLE 3

1. Each of the Contracting States agrees to recognize and protect within its territory the right of

author on unpublished or unpublished works. No provision of this Convention shall be understood as the purpose of annulling or limiting the author's right to his unpublished or unpublished work; nor in the sense of allowing, without his consent, to be reproduced, published or used; nor in (a) that it annuls or limits its right to compensation for the damage or damage caused.

ARTICLE 4

Literary, scientific, and artistic works, protected by this Convention, comprise books, writings, and

brochures of all kinds, whatever their extent; written or written versions recorded from lectures, speeches, lectures, sermons and other works of the same nature; dramatic or dramatic works; choreographic works and pantomimicas whose scene is fixed in writing or otherwise; musical with or without words; drawings, illustrations, paintings, sculptures, engravings, lithographs; photographic and cinematographic works; astronomical or geographical spheres; maps, drawings, sketches, plastic works relating to geography, geology, topography, architecture or any science; and, in short, any literary, scientific or artistic production suitable to be published and reproduced.

2. Works of art made primarily for industrial purposes shall be mutually protected between the

Contracting States which currently or hereafter grant protection to such works.

3. The amparo conferred by this Convention does not include the industrial use of the idea

scientific.

ARTICLE 5

1. They shall be protected as original works, without prejudice to the author's right to the original work, the

translations, adaptations, compilations, arrangements, compends, dramatizations or other versions of literary works, scientific and artistic, including photographic and cinematographic adaptations.

2. When the elaboration provided for in the preceding paragraph is about works of the public domain, they will be

protected as original works, but such protection will not entail any exclusive right to the use of the original work.

ARTICLE 6

1. Literary, scientific and artistic works, which are protected in any way, published in

newspapers or magazines in any of the Contracting States, may not be reproduced without authorization in other States Contractors.

2. Current articles in newspapers and magazines may be reproduced by the press unless the

reproduction is prohibited by a special or general reservation in those; but in any case it must be mentioned in an unmistakable way. source of where they were taken. The simple signature of the author shall be equivalent to a reservation in the countries where the law or custom is considered.

3. The protection of this Convention shall not apply to the news content of the day's news

published in the press.

ARTICLE 7

The author of a protected work is considered to be the author of a protected work, unless otherwise tested, a person whose name, or known pseudonym,

is indicated in it; consequently, the action brought against the offenders by the author or by whom he represents his right shall be admissible by the courts of the Contracting States. In respect of anonymous works and pseudonymes whose author has not been disclosed, such action shall correspond to the publisher of them.

ARTICLE 8

The term of duration of copyright protection shall be determined by agreement with the provisions of the

law of the Contracting State in which the protection was originally obtained, but shall not exceed the period laid down by the law of the Contracting State in which the protection is claimed. Where the legislation of any Contracting State provides for two successive periods of protection, the term of duration of the protection, in respect of that State, shall include, for the purposes of this Convention, both deadlines.

ARTICLE 9

When a work created by a national of any Contracting State or by a foreigner domiciled in the

itself, has obtained the copyright in that State, the other Contracting States shall grant it protection without registration, deposit or other formality. Such protection shall be granted by this Convention and shall be granted by the Contracting States to nationals in accordance with their laws.

ARTICLE 10

In order to facilitate the use of works literary, scientific and artistic, the Contracting States will promote the use

of the expression? Rights Reserved?, or its abbreviation? D.R.?, followed by the year in which the protection begins, name and address of the owner of the right and place of origin of the work, on the back of the cover if it is a written work, or somewhere suitable, according to the nature of the work, as the reverse margin, permanent base, pedestal, or the material in which it is mounted. However, the reservation of the right, in this or any other form, shall not be construed as a condition for the protection of the work in accordance with the terms of this Convention.

ARTICLE 11

The author of any protected work, having its copyright for sale, cession or any other

way, it retains the power to claim the paternity of the work and to oppose any modification or use of the same one that is detrimental to his reputation as an author, unless by his prior consent, contemporary or

after such modification, you have given in or waived this faculty in accordance with the provisions of the law of the State in which the contract is concluded.

ARTICLE 12

1. The reproduction of short fragments of literary, scientific and artistic works, in publications with

didactic or scientific purposes, in crstomatias or for the purposes of literary criticism or scientific research, will be lawful, provided it is clearly indicate the source of where they were taken and that the reproduced texts are not altered.

2. For the same purposes and with the same restrictions, brief fragments can be published in translations.

ARTICLE 13

1. All unlawful publications or reproductions shall be hijacked on their own initiative or at the request of the holder of the

right of the work by the competent authority of the Contracting State in which the infringement takes place or in which the illicit work is carried out. imported.

2. Any representation or public execution of theatrical pieces or musical compositions in violation of the

copyright, at the request of the injured holder, shall be prevented by the competent authority of the Contracting State in which the violation.

3. Such measures shall be taken without prejudice to the relevant civil and criminal actions.

ARTICLE 14

The title of a protected work that for the international notoriety of the work itself acquires such a character

flag that identifies it, cannot be reproduced in another work without the consent of the author. The prohibition does not apply to the use of the title in respect of such diverse works as to exclude any possibility of confusion.

ARTICLE 15

The stipulations of this Convention shall not adversely affect the The right of the States

to monitor, restrict or prohibit, in accordance with its internal legislation, the publication, reproduction, circulation, representation or exhibition of works that are considered contrary to morality or to the good customs.

ARTICLE 16

1. Each Contracting State shall send to the other and the Pan-American Union at regular intervals

in the form of cards or books, official lists of works, transfers of rights on these and licenses for their use, which have been officially registered in their respective offices by national or foreign direct authors. These lists will not require additional legalizations or certifications.

2. The regulations for the exchange of such information shall be made by representatives of the Contracting States in a special meeting to be convened by the Pan American Union.

3. These regulations shall be communicated to the respective Governments of the Contracting States by the Union

Pan-American and shall govern among the States that approve them.

4. Neither the preceding provisions of this Article nor the regulations to be adopted in accordance with it

shall constitute an inherent requirement for protection under this Convention.

5. The certificates awarded by the respective offices, on the basis of the lists referred to

above, shall, in the Contracting States, be legally effective as regards the facts entered in those certificates, unless proof is given. instead.

ARTICLE 17

1. This Convention will replace between the Contracting States to the Convention on Literary Property

and Artistic Susbreeding in Buenos Aires on 11 August 1910 and the Review of the same Convention signed in Havana on February 18 of 1928 and to all inter-American conventions signed before the present on the same subject, but shall not affect the rights acquired in accordance with such conventions.

2. The responsibilities provided for in this Convention shall not be incurred for the lawful use that has been made or the

acts which have been carried out in a Contracting State, in connection with any literary, scientific and artistic works, with prior to the date on which such works obtained the right to protection in that State in accordance with the provisions of this Convention; or with respect to the continuation in that State of any use lawfully initiated before such a date involving expenditure or contractual obligations in connection with the exploitation, production, reproduction, circulation or execution of any such works.

ARTICLE 18

The original of this Convention in the Spanish, English, Portuguese and French languages will be deposited in the Pan American Union and open to the signature of the Governments of the American States. The Pan American Union will send authentic copies to governments for the purposes of ratification.

ARTICLE 19

This Convention shall be ratified by the Signatory States in accordance with their respective

constitutional procedures. The instruments of ratification shall be deposited in the Pan American Union, which shall notify the Governments of the Signatory States. Such notification will be valid as an exchange of ratifications.

ARTICLE 20

This Convention shall enter into force, with respect to the States that have deposited their respective

instruments of ratification, as soon as possible. as two Signatory States have made such a deposit. The Convention shall enter into force with respect to each of the other Signatory States on the date of the deposit of their respective instrument of ratification.

ARTICLE 21

This Convention shall govern indefinitely, but may be denounced by any Contracting State

by means of advance notice of one year to the Pan American Union, which will transmit a copy of the notice to each of the other Signatory Governments. After this period of one year, the Convention shall cease for the purposes of the complainant State, but shall remain for the other States.

The denunciation of this Convention shall not affect the rights acquired in accordance with the provisions of this Convention. provisions of

the same before the expiration date of this Convention with respect to the Whistleblower State.

In Faith of which, the undersigned Plenipotentiaries, having deposited their Full Powers, which have been

found in good and due form, sign this Convention in English, Spanish, Portuguese and French, on the dates that appear next to their respective signatures.