Treaty
세계저작권협약
대한민국 대법원 · key scourt-3252562 · 효력발생 1987-10-01 · 조문 22개
ARTICLE I - 1. 체약국 국민이 발행한 저작물과 체약국내에서 최초로 발행된 저작물은 , 다른 모든 체약국에서도 각 체약국이 자국의 영토내에서 최초로 발행된 자국민의 저작물에 부여하는 보호와 동일한 보호를 향유한다 .
order 1
영문 원문
Each Contracting State undertakes to provide for the adequate and effective protection of the rights of authors and other copyrights proprietors in literary, scientific and artistic works, including writing, musical, dramatic and cinematographic, works, and paintings, engravings and sculpture.
ARTICLE II - 1. 자국의 국내법에 의거하여 저작권보호의 조건으로 납본 , 등록 , 고시 , 공증인에 의한 증명 , 수수료의 지불 또는 자국내에서의 의거하여 보호를 받는 저작물로서 그 국가의 영토밖에서 최초로 발행되고 또한 저작자가 자국민이 아닌 저작물에 대하여 , 저작자 또는 여타 저작재산권자의 허락을 받아 발행된 저작물의 모든 복제물에 최초 발행시로부터 ⓒ의 기호가 저작재산권자의 성명 및 최초의 발행년도와 더불어 저작권을 주장할 수 있는 적당한 방법과 위치에 표시되어 있는 한 , 이러한 요구가 충족된 것으로 인정하여야 한다 .
order 2
영문 원문
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. 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 Unpublished works of nationals of each Contracting State shall enjoy in each other Contracting State the same protection as that other State accords to unpublished works of its own nationals. 3. For the purpose of this Convention any Contraction State may, by domestic legislation, assimilate to its own nationals any person domiciled in that State.
ARTICLE III - 1. 저작물의 보호기간은 제 2 조 및 본 조의 규정에 따라 , 보호가 요구되는 체약국의 법에 정해진 바에 따른다 .
order 3
영문 원문
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 ⓒ 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 of this article 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 of this article shall not preclude any Contracting State from providing that a person seeking judical 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 th copyright, nor shall any such requirements 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 works 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 III in respect of the second or any subsequent term of copyright.
ARTICLE IV - 1. 제 1 조에서 정한 권리는 , 이 협약에 의거하여 보호받는 저작물을 번역하고 그 번역을 발행하거나 번역 및 발행을 허락할 수 있는 저작자의 배타적인 권리를 포함한다 .
order 4
영문 원문
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 by the law of the Contracting State in which protection is claimed. 2. The term of protection for works protected under this Convention shall not be less than the life of the author and 25 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 the first publication of the works, 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 25 years from the date of first publication. 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 25 years from the date of first publication or from its registration prior to publication, as the case may be. 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 above. 3. The provisions of paragraph 2 of this article 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 then years for each of said classes of works. 4. 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 of the Contracting State in which the work has been first published. For the purposes of the application of the preceding provision, if the law of any Contracting State grants two or more successive terms of protection, the period of protection of that State shall be considered to be the aggregate of those terms, However, if a specified work is not protected by such State during the second or any subsequent term for any reason, the other Contracting States shall not be obliged to protect it during the second or any subsequent term. 5. For the purposes of the application of paragraph 4 of this article, the work of a national of a Contracting State, first published in a non-Contracting State, shall be treated as though first published in the Contracting State of which the author is a national. 6. For the purposes of the application of paragraph 4 of this article, in case of simultaneous publication in two or more Contracting States, the work shall be treated as though first published in the State which affords the shortest therm; any work published in two or more Contracting States within thirty days of its first publication shall be considered as having been published simultaneously in said Contracting States.
ARTICLE V - 1. 1952 년 9 월 26 일 부로 작성된 이 협약은 국제연합교육과학문화기구 사무총장에게 기탁되며 , 이 협약의 채택일로부터 120 일의 기간동안 모든 국가에 서명을 위하여 개방된다 . 이 협약은 서명국 에 의한 비준 또는 수락을 요한다 .
order 5
영문 원문
1. Copyright shall include the exclusive right of the author to make, publish, and authorize the making and publication of translation of works protected under this Convention. 2. However, any Contracting State may, by its domestic legislation, restrict the right of translation of writings, but only subject to the following provisions: If, after the expiration of a period of seven years from the date of the first publication of a writing, a translation of such writing has not been published in the national language or languages, as the case may be, of the Contracting State, by the owner of the right of translation or with his authorization, any national of such Contracting State may obtain a non-exclusive license from the competent authority thereof to translate the work and publish the work so translated in any of the national languages in which it has not been published; provided that such national, in accordance with the procedure of the State concerned, establishes either that he has requested, and been denied, authorization by the proprietor of the right to make and publish the translation, or that, after due diligence on his part, he was unable to find the owner of the right. A license may also be granted on the same conditions if all previous editions of a translation in such language are out of print. If the owner of the right of translation cannot be found, then the applicant for a license shall send copies of his application to the publisher whose name appears on the work and, if the nationality of the owner of the right of translation is known, to the diplomatic or consular representative of the State of which such owner is a national, or to the organization which may have been designated by the government of that State. The license shall not be granted before the expiration of a period of two months from the date of the dispatch of the copies of the application. Due provision shall be made by domestic legislation to assure to the owner of the right of translation a compensation which is just and conforms to international standards, to assure payment and transmittal of such compensation, and to assure a correct translation of the work. The original title and the name of the author of the work shall be printed on all copies of the published translation, The license shall be valid only for publication of the translation in the territory of the Contracting State where it has been applied for. Copies so published may be imported and sold in another Contracting State if one of the national languages of such other State is the same language as that into which the work has been so translated, and if the domestic law in such other State makes provision for such licenses and does not prohibit such importation and sale. Where the foregoing conditions do not exist, the importation and sale of such copies in a Contracting State shall be governed by its domestic law and its agreements. The licence shall not be transferred by the license. The license shall not be granted when the author has withdrawn from circulation all copies of the work.
ARTICLE VI - 1. 이 협약은 12 개국이 비준 , 수락 또는 가입문서를 기탁한 날로부터 3 개월후에 효력이 발생한다 . 12 개국 중에는 문학적·예술적 저작물의 보호에 관한 국제동맹의 당사국이 아닌 4 개국이 포함되어야 한다 .
order 6
영문 원문
"Publication", as used in this Convention, means the reproduction in tangible form and the general distribution to the public of copies of a work from which it can be read or otherwise visually perceived.
ARTICLE VII - 1. 각 체약국은 자국의 헌법에 따라 이 협약의 적용을 확보하기 위하여 필요한 조치를 취한다 .
order 7
영문 원문
This Convention shall not apply to works or rights in works which, at the effective date of the Convention in a Contracting State where protection is claimed, are permanently in the public domain in the said Contracting State.
ARTICLE VIII - 1. 다음의 임무를 수행하기 위하여 정부간 위원회를 설치한다 .
order 8
영문 원문
1. This Convention, which shall bear the date of September 6 1952, shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization and shall remain open for signature by all States for a period of 120 days after that date. It shall be subject to ratification or acceptance by the signatory States. 2. Any State which has not signed this Convention may accede thereto. 3. Ratification, acceptance or accession shall be effected by the deposit of an instrument to that effect with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
ARTICLE IX - 1. 체약국은 자국에 대하여 또는 제 13 조의 규정에 의한 통고로 지정된 국가 또는 영토의 전부 내지 일부에 대하여 이 협약을 폐기할 수 있다 . 폐기는 국제연합교육과학문화기구 사무총장에게 송부한 통고에 의하여 행한다 .
order 9
영문 원문
1. This Convention shall come into force three months after the deposit of twelve instruments of ratification, acceptance or accession, among which there shall be those of four States which are not members of the International Union for the Protection of Literary and Artistic Works. 2. Subsequently this Convention shall come into force in respect of each State three months after that State has deposited its instrument of ratification, acceptance or accession.
ARTICLE X - 1. 이 협약은 불어 , 영어 , 스페인어로 작성된다 . 이들 3 개 본은 서명될 것이며 , 동등히 정본이 된다 .
order 10
영문 원문
1. Each State party to this Convention undertakes to adopt, in accordance with its Constitution, such measures as are necessary to ensure the application of this Convention. 2. It is understood, however, that at the time an instrument of ratification, acceptance or accession is deposited on behalf of any State, such State must be in a position under its domestic law to give effect to the terms of this Convention.
ARTICLE XI - 1. 이 협약은 문화적·예술적 저작물의 보호에 관한 베른협약의 규정 및 동 협약에 의하여 창설된 동맹에 아무런 영향을 미치지 아니한다 .
order 11
영문 원문
1. An Intergovernmental Committee is hereby established with the following duties: a) to study the problems concerning the application and operation of this Convention; b) to make preparation for periodic revisions of this Convention; c) to study any other problems concerning the international protection of copyright, in co-operation with the various interested international organizations, such as the United Nations Educational, Scientific and Cultural Organization, the International Union for the Protection of Literary and Artistic Works and the Organization of American States; d) to inform the Contracting States as to its activities. 2. The Committee shall consist of the representatives of twelve Contracting States to be selected with due consideration to fair geographical representation and in conformity with the Resolution relating to this article, annexed to this Convention. The Director-General of the United Nations Educational, Scientific and Cultural Organization, the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works and the Secretary-General of the Organization of American States, or their representatives, may attend meetings of the Committee in an advisory capacity.
ARTICLE XII - 이 협약은 둘 이상의 체약국 사이에서 효력을 가지는 다수국간 또는 2 국간의 협약 및 약정을 무효로 하지 아니한다 . 이들 협약 및 약정의 규정과 이 협약의 규정이 저촉되는 경우에는 이 협약의 규정이 우선한다 . 이 협약의 효력발생일 전에 어느 체약국에 있어서 기존의 협약 또는 약정에 따라 그 국가에서 취득된 저작물에 대한 권리는 아무런 영향을 받지 아니한다 .
order 12
영문 원문
The Intergovernmental Committee shall convene a conference for revision of this Convention whenever it deems necessary, or at the request of at least ten Contracting States, or of a majority of the Contracting States if there are less than twenty Contracting States.
ARTICLE XIII - 국제연합교육과학문화연구 사무총장은 관계국 및 스위스 연방정부에 대하여 , 그리고 등록을 위하여 국제연합 사무총장에 대하여 이 협약의 인증등본을 송부하여야 한다 .
order 13
영문 원문
Any Contracting State may, at the time of deposit of its instrument of ratification, acceptance or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization that this Convention shall apply to all or any of the countries or territories for the international relations of which it is responsible and this Convention shall thereupon apply to the countries or territories named in such notification after the expiration of the term of three months provided for in article IX. In the absence of such notification, this Convention shall not apply to any such country or territory.
ARTICLE XIV
order 14
영문 원문
1. Any Contracting State may denounce this Convention in its own name or on behalf of all or any of the countries or territories as to which a notification has been given under Article XIII. The denunciation shall be made by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization. 2. Such denunciation shall operate only in respect of the State or of the country or territory on whose behalf it was made and shall not take effect until twelve months after the date of receipt of the notification.
ARTICLE XV
order 15
영문 원문
A dispute between two or more Contracting States concerning the interpretation or application of this Convention, not settled by negotiation, shall, unless the States concerned agree on some other method of settlement, be brought before the International Court of Justice for determination by it.
ARTICLE XVI
order 16
영문 원문
1. This Convention shall be established in English, French and Spanish. The three texts shall be signed and shall be equally authoritative. 2. Official texts of this Convention shall be established in German, Italian and Portuguese. Any Contracting State or group of Contracting States shall be entitled to have established by the Director-General of the United Nations Educational, Scientific and Cultural Organization other texts in the language of its choice by arrangement with the Director-General. All such texts shall be annexed to the signed texts of this Convention.
ARTICLE XVII
order 17
영문 원문
1. This Convention shall not in any way affect the provisions of the Berne Convention for the Protection of Literary and Artistic Works or membership in the Union created by that Convention. 2. In application of the foregoing paragraph, a Declaration has been annexed to the present Article. This Declaration is an integral part of this Convention for the States bound by the Berne Convention on 1 January 1951, or which have or may become bound to it at a later date. The signature of this Convention by such States shall also constitute signature of the said Convention, and ratification, acceptance or accession by such States shall include the Declaration, as well as the Convention.
ARTICLE XVIII
order 18
영문 원문
This Convention shall not abrogate multilateral or bilateral copyright conventions or arrangements that are or may be in effect exclusively between two or more American Republics. In the event of any difference either between the provisions of such existing conventions or arrangements and the provisions of this Convention, or between the provisions of this Convention and those of any new convention or arrangement which may be formulated between two or more American Republics after this Convention comes into force, the convention or arrangement most recently formulated shall prevail between the parties thereto. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date this Convention comes into force in such State shall not be affected.
ARTICLE XIX
order 19
영문 원문
This Convention shall not abrogate multilateral or bilateral conventions or arrangements in effect between two or arrangements. In the event of any difference between the provisions of such existing conventions or arrangements and the provisions of this Convention, the provisions of this Convention shall prevail. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date on which this Convention comes into force in such State shall not the parties thereto. Rights in works acquired in any Contracting State under existing conventions or arrangements before the date this Convention comes into force in such State shall not be affected. Nothing in this article shall affect the provisions of articles XVII and XVIII of this Convention.
ARTICLE XX
order 20
영문 원문
Reservations to this Convention shall not be permitted.
ARTICLE XXI
order 21
영문 원문
The Director-General of the United Nations Educational, Scientific and Cultural Organization shall send duly certified copies of this Convention to the States interested and to the Secretary-General of the United Nations for registration by him. He shall also inform all interested States of the ratifications, acceptances and accessions which have been deposited, the date on which this Convention comes into force, the notifications under Article XIII of this Convention, and denunciations under Article XIV. APPENDIX DECLARATION relating to Article xvii The States which are members of the International Union for the Protection of Literary and Artistic Works, and which are signatories to the Universal Copyright Convention, Desiring to reinforce their mutual relations on the basis of the said Union and to avoid any conflict which might result from the co-existence of the Berne Convention and the Universal Copyright Convention, Have, by common agreement, accepted the terms of the following declaration: a) Works which, according to the Berne Convention, have as their country of origin a country which has withdrawn from the International Union created by the said Convention after January 1, 1951, shall not be protected by the Universal Copyright Convention in the countries of the Berne Union; b) The Universal Copyright Convention shall not be applicable to the relationships among countries of the Berne Union in so far as it relates to the protection of works having as their country of origin, within the meaning of the Berne Convention, a country of the International Union created by the said Convention. RESOLUTION CONCERNING ARTICLE XI The International Copyright Conference, Having considered the problems relating to the Intergovernmental Committee provided for in
Article XI - of the Universal Copyright Convention,
order 22
영문 원문
resolves 1. The first members of the Committee shall be representatives of the following twelve States, each of those States designating one representative and an alternate: Argentine, Brazil, France, Germany, India, Italy, Japan, Mexico, Spain, Switzerland, United Kingdom, and United Kingdom, and United States of America. 2. The Committee shall be constituted as soon as the Convention comes into force in accordance with article XI of this Convention. 3. The Committee shall elect elect its Chairman and one Vice-Chairman. It shall establish its rules of procedure having regard to the following principles: a) the normal duration of the term of office of the representatives shall be six years; with one-third retiring every two years; b) before the expiration of the term of office of any members, the Committee shall decide which States shall cease to be represented on it and which States shall be called upon to designate representatives; the representatives of those States which have not ratified, accepted or acceded shall be the first to retire; c) the different parts of the world shall be fairly represented; and expresses the wish that the United nations Educational, Scientific and Cultural Organization provide its Secretariat. In faith whereof the undersigned, having deposited their respective full powers, have signed this Convention. Done at Geneva, this sixth day of September, 1952 in a single copy.