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LAW of 11 June 1947 Convention: approves the subscribed in Washington on copyright protection.
ENRIQUE HERTZOG G. Constitutional Presidente of the Republic as the H. Congress has sanctioned the following law: the H. Congress national DECREES: unique Artimulo. Approve the agreement signed in Washington on 1-June 22, 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, gathered at the International Conference for the protection of the rights of author.
Communicate to the Executive Branch, for constitutional purposes.
Session of the H. Congress Hall.
Peace, on May 31, 1947.
M. Urriolagoitia, José Antonio Arze, M. Mogro Moreno, Congressional Secretary, N. Garcia Chavez, Congressional Secretary ad-hoc, P. Montaño, H. Bohorquez, Congressional Secretary, Congressional Secretary.
Therefore: enacted it is and meets as a law of the Republic.
Government Palace, in the city of La Paz, to the eleven days of the month of June of thousand nine hundred forty and seven years.
E Hertzog.-Armando Alba.
"It is a true copy of the legislative directory of 1947, p. 42-43" inter-American Convention on the law of copyright in works literary, scientific and artistic approved by H. Congress of Bolivia by law of May 31, 1947.
The Governments of the American republics.
Deseosos improve inter-American reciprocal protection of copyright in literary, scientific, and Deseosos encourage and facilitate the Inter-American cultural exchange, have resolved to conclude a Convention to carry out stated purposes, and have agreed upon the following articles: article 1 the Contracting States undertake to recognize and protect the right of copyright on literary works Scientific and artistic, in accordance with the provisions of the present Convention.
Article 2 the right of author, according to this Convention includes the exclusive faculty having the author of a literary, scientific and artistic work of: use and authorize the use of it, in whole or in part; have this right to any title, total or partially, and transmit it by cause of death. Use any of the following means or who in the future will know.
Publish it, either by printing or in any other form;
To represent it, recite it, expose it or perform it publicly;
Play it, adapt it, or submit it by measured of the cinematography;
Adapt it and authorize General or special adaptations to instruments that serve to reproduce them mechanically or electrically; or run it in public by means of such instruments;
Disseminate it through photography, telefotografia, television, broadcasting, or any other currently known that invent hereinafter and that serve for the reproduction of signs, sounds or images;
Translate it, transport it, fix it, implement, dramatize it, adapt it, and in general, to transform it in any other way;
Reproduce it in any form, total or partially.
ARTICLE 3 1. Each of the Contracting States agree to recognize and protect the right of copyright on unpublished or unpublished works within its territory. Nothing in this Convention shall mean in the sense of void or limit the right of the author over his work unpublished or unpublished; not in the sense of allowing that, without your consent, be reproduced, published, or used; or in the that overrides or limits their right to obtain compensation for the damages that have been caused.
Article 4 literary, scientific and artistic works protected by this Convention, include books, writings, and brochures of all kinds, what ever your extension; versions written or recorded lectures, speeches, lessons, sermons and other works of the same nature; dramatic works or dramatico-musical works; the choreographic and the pantomimicas whose scene is fixed in writing or otherwise; musical compositions with or without words; drawings, illustrations, paintings, sculptures, engravings, lithographs; photographic and cinematographic; works the spheres astronomic or geographical; maps, plans, sketches, plastic works relative to geography, topography, geology, architecture, or any science; and, finally, any literary, scientific or artistic production suitable to be published and reproduced.
2. the artworks made mainly for industrial purposes will be protected each other between the Contracting States which currently or hereinafter granted protection to such works.
3. the protection conferred by this Convention does not cover the industrial exploitation of the scientific idea.
ARTICLE 5 1. Shall be protected as original works without prejudice to the right of the author of the original work, translations, adaptations, compilations, fixes, compendia, drama or other versions of works literary, scientific and artistic, including photographic and cinematographic adaptations.
2. when the processes provided for in the preceding paragraph are on works in the public domain, they shall be protected as original works, but such protection shall not entail any exclusive right to the use of the original work.
ARTICLE 6 1. The literary, scientific and artistic works that benefit from protection irrespective of their matter, published in newspapers or magazines in any of the Contracting States, may not be reproduced without authorization in the other Contracting States.
2. articles of current newspapers and magazines may be reproduced by the press unless reproduction is prohibited by a general or special reserve those; but in any case the source where they have taken must be cited in unmistakable way. The simple signature of the author will be equivalent to mention of book in those countries where so it consider it law or the custom.
3. the protection of this Convention shall not apply to the informational content of the day's news published in the press.
Article 7 is considered the author of a protected work, unless there is evidence to the contrary, one whose name or known pseudonym is indicated therein; Consequently, the actions brought against the offenders by the author or by who represent their right will be admitted by the courts of the Contracting States. Regarding anonymous works and the pseudonymous whose author has not been revealed, such action will be up to the editor of them.
Article 8 the term of duration of protection of copyright shall be determined in accordance with the provisions of the law of the Contracting State in which the protection was obtained originally, but shall not exceed the time limit set by the law of the Contracting State in which protection is claimed. When the law of any Contracting State grants two successive terms of protection, the term of duration of protection, in so far as that State, will include, for the purposes of this Convention, both times.
Article 9 If a work created by a national of any Contracting State or by a foreign domiciled therein, obtained the right to copyright in that State, the other Contracting States will be awarded protection without registration, deposit or other formality. Such protection shall be that given by the present Convention and which currently or hereinafter granting Contracting States to nationals in accordance with their laws.
Article 10 so as to facilitate the use of literary, scientific and artistic works, Contracting States shall promote the use of the expression? Rights reserved?, or its abbreviation? Do D.R.?, followed by the year in which the protection begins, name and address of the holder of the right and place of origin of the work, on the back of the cover case of written work, or somewhere appropriate, according to the nature of the work, as the reverse margin, permanent base, pedestal, or the material in which it is mounted. However, the indication of book of the right, in this or any another form, not is construed as a condition for the protection of the work in accordance with them terms of the present Convention.
Article 11 the author of any work protected, to the have of its right of author by sale, assignment or of any another way, retains it Faculty of claim the paternity of it work and it of oppose is to all modification or use of the same that is harmful to its reputation as author, unless by its consent previous, contemporary or rear to such modification you have given or waived this right in accordance with the provisions of the law of the State in which the contract is concluded.
ARTICLE 12 1. Reproduction of short excerpts of literary, scientific and artistic works in publications, educational or scientific purposes, crestomatias or literary criticism or scientific research purposes, shall be lawful provided that unmistakable way the source where you have taken and reproduced texts are not altered.
2. for the same purposes and with the same restrictions may publish short excerpts in translations.
ARTICLE 13 1. All publications or unlawful reproductions shall be kidnapped ex officio or at the request of the holder of the right to work by the competent authority of the Contracting State in which the infringement takes place or in which illegal work has been imported.
2. any representation or public execution of plays or musical compositions in violation of author's rights, at the request of the injured holder, will be barred by the competent authority of the Contracting State in which the violation occurs.
3. such measures shall be taken without prejudice to the relevant civil and criminal actions.
Article 14 the title of a protected work which the international notoriety of the work itself acquire so distinctive to identify it, may not be reproduced on another site without the consent of the author. The prohibition does not apply to the use of the title with respect to works of nature so different to exclude any possibility of confusion.
Article 15 the provisions of the present Convention does not prejudice in any way the right of the Contracting States monitor, restrict or prohibit, in accordance with its domestic legislation, the publication, reproduction, circulation, representation or exhibition of works which are considered contrary to morality or good customs.
ARTICLE 16 1. Each of the Contracting States shall send to the others and to the Pan American Union, at intervals regular, in the form of cards or books, official lists of works, assignments of rights on these and licenses for its use, which have been officially registered in their respective offices by national authors or aliens domiciled. These lists will not require legalization or complementary certifications.
2. the regulations for the exchange of such information will be made by representatives of the Contracting States in special meeting shall be convened by the Pan American Union.
3. these regulations shall be communicated to the respective Governments of the Contracting States by the Pan American Union and govern among the States that adopt them.
4. neither the preceding provisions of this article or the rules adopted in accordance with the same shall constitute a requirement inherent in the protection under this Convention.
5. certificates that grant the respective offices, based on lists that is referenced above, will have, in the Contracting States, probationary legal effectiveness of the facts contained in such certificates, unless proven otherwise.
ARTICLE 17 1. This Convention replaced between Contracting States to the Convention on copyright and artistic suscria in Buenos Aires on August 11, 1910 and to the Revision of the same Convention signed in Havana on February 18, 1928 and all inter-American conventions subscribed before the present on the same subject, but shall not affect rights acquired in accordance with those conventions.
2. do not you will incur in its responsibilities under this Convention by the fair use that has been made or acts which have been made in a Contracting State, in connection with any literary, scientific and artistic works, prior to the date on which such works obtained the right to protection in that State in accordance with the provisions of the present Convention; or with respect to the continuation in that State of any use legally commenced before that date, involving expenditure or contractual obligations in connection with the exploitation, production, reproduction, circulation or implementation of any of these works.
Article 18 the original of the present Convention in Spanish, English, Portuguese and French languages will be deposited in the Pan American Union and opened for signature by 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 processes. The instruments of ratification shall be deposited in the Pan American Union, which such deposit shall notify the Governments of the States signatories. Such notification will be worth as an exchange of ratifications.
Article 20 this Convention shall enter into force, with respect to the States which have deposited their respective instruments of ratification, as soon as two signatories made such deposit. The Convention will enter into force with respect to each of the other States signatories in the date of the deposit of its instrument of ratification.
Article 21 this Convention shall remain in force indefinitely, but it may be denounced by any Contracting State by advance notice from one year to the Pan American Union, which shall transmit a copy of the notice to each of the other Government signatories. Expiry of this period of one year, the Convention shall cease in its effects for the State whistleblower, but be subsisting for other States.
Denunciation of this Convention shall not complainant affect acquired rights in accordance with the provisions of the same prior to the date of expiry of this Convention with respect to the State.
In witness whereof, the undersigned plenipotentiaries, after having deposited their full powers, which were found in good and due form, have signed this Convention in Spanish, English, Portuguese and French, on the dates appearing beside their respective signatures.
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