Copyright INTERNATIONAL UNION. Germany (Fed. Rep.). Land Berlin. and Artistic Works

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1 Copyright Monthly Review of the United International Bureaux for the Protection of Intellectual Property (BIRPI) March th year - No. 3 Contents INTERNATIONAL UNION Pages Germany (Fed. Rep.). Land Berlin 62 New Zealand. Change of Class with regard to the Contribution towards the Expenses of the Bureau of the International Union for the Protection of Literary 62 and Artistic Works BILATERAL AGREEMENTS Hungary U. S. S. R. Convention on the Reciprocal Protection of Copyright. 63 NATIONAL LEGISLATION. 64 Kenya. The Copy ri ght Regulations 1966 (No. 322, of November 14, 1966). Malawi. Copyright (Extension) Regulations, 1966 (Under Section 15) (No. 248, 65 of November 10, 1966) United Kingdom. The Copyright (International Conventions) (Amendment No. 2) 65. Order 1967 (No. 1151, of July 28, 1967, coming into force on August 4, 1967).. 66 Zambia. The Copyright Regulations 1965 (No. 216, of June ). 66 Portugal. Note by the Editor GENERAL STUDIES The Hungarian-Soviet Copy ri ght Convention (Istyin Timâr) 67 CORRESPONDENCE Letter from Japan (Yoshio Nomura) 70 NEWS ITEMS Belgium. Ratification of the European Agreement on the Protection of Television Broadcasts and of the Protocol to the said Agreement (with effect from March 8, 1968) 78 CALENDAR Meetings of BIRPI Meetings of Other International Organizations Concerned with Intellectual Property BIRPI 1968 Any reproduction of articles and translations of laws, published in this periodical, is authorized only with the prior consent of BIRPI 78 80

2 62 INTERNATIONAL UNION GERMANY (Federal Republic) (Land Berlin) The Swiss Government notified, on August 19, 1967, the countries members of the Berne Union of the objections raised by certain countries (Bulgaria, Czechoslovakia, Hungary, Poland, Rumania) concerning the extension of the application of the Berne Convention (Brussels Act) to the Land of Berlin '). That notification has given rise to declarations made by France, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland; these declarations are worded in the following terms: " The relations of Berlin with authorities abroad are, and remain, reserved to the Allied Kommandatura as the supreme authority in Berlin. In paragraph III (c) of the Declaration on Berlin of May 5, 1955, however, which accords with instruments that previously entered into force, such as the Declaration referred to in the Allied Kommandatura's letter of May 21, 1952, the Allied Kommandatura has authorised the Berlin authorities to assure the representation abroad of the interests of Berlin and its inhabitants under suitable arrangements.!) See Copyright, 1967, p The arrangements made in accordance with the foregoing permit the Federal Republic of Germany to extend to Berlin the international agreements which the Federal Republic concludes, provided that certain conditions are observed. Under these conditions the final decision in every case on the extension of the international agreement to Berlin is left to the Allied Kommandatura. In addition, internal Berlin action is required to make any such international agreement applicable as domestic law in Berlin. It is clear that this procedure, which accords with the special status of the city, safeguards entirely the rights and responsibilities of the Allied Kommandatura and, through it, those of the Allied Powers, who remain in any event competent to decide on the extension to Berlin of the international agreements concluded by the Federal Republic of Germany. It follows that the objections raised are unfounded." The full text of these declarations was communicated by the Swiss Government to the countries members of the Berne Union on February 28, NEW ZEALAND Change of Class with regard to the Contribution towards the Expenses of the Bureau of the International Union for the Protection of Literary and Artistic Works The Government of New Zealand informed the Swiss with regard to its contribution towards the expenses of the Government, in a note dated January 19, 1968, that pursuant International Bureau. to Article 23(4) of the Berne Convention for the Protection All States members of the Union were notified by the of Literary and Artistic Works, of September 9, 1886, as ] Swiss Government, on February 15, 1968, of this decision of revised at Rome on June 2, 1928, it desires to be placed, as the Government of New Zealand, from the financial year 1968, in Class V instead of Class IV

3 63 BILATERAL AGREEMENTS HUNGARY U. S. S. R. Convention on the Reciprocal Protection of Copyright concluded between the Hungarian People's Republic and the Union of Soviet Socialist Republics The Governments of the Hungarian People's Republic and the Union of Soviet Socialist Republics, Inspired by the desire to promote, through the exploitation of scientific, literary and artistic works, their cooperation in the field of the mutual exchange of cultural values, Recognizing the necessity of establishing rules and conditions governing the reciprocal protection of copyright, Have decided to conclude this Convention and, to that end, have appointed their Plenipotentiaries: for the Government of the Hungarian People's Republic Päl Ilku, Minister of Education, for the Government of the Union of Soviet Socialist Republics S. K. Romanovski, President of the State Committee of Foreign Cultural Relations attached to the Council of Ministers of the Soviet Union, Who, having presented their full powers, recognized as in good and due form, have agreed as follows: Article 1 The Contracting Parties shall (a) encourage the publication of scientific, literary and artistic works created by the citizens of the other Contracting Party; (b) encourage the theatres, orchestras, musical ensembles and soloists of their countries to include in their programs dramatic and musical works created by the citizens of the other Contracting Party. Article 2 Each Contracting Party shall recognize the copyrights of the citizens of the other Contracting Party in scientific, literary and artistic works first made available to the public (published or publicly performed) in the territory of the other Contracting Party, provided that such citizens have their permanent residence in the territory of the Hungarian People's Republic or the Union of Soviet Socialist Republics, and shall safeguard the protection of the said rights in the same conditions as those which their laws provide in respect of their own citizens. An unpublished work may be made available to the public simultaneously in both countries, or first in the territory of the other Contracting Party, only with the consent of the competent organs of the Contracting Parties. Article 3 The term of protection enjoyed by the successors in title of the Hungarian and Soviet authors of works falling within the scope of the present Convention shall be fifteen years, to be reckoned from the first of January of the year of the author's death. Article 4 Royalties accruing under the Convention shall be subject to taxation only in the country where such royalties are paid to the beneficiary. Article 5 Settlement of copyright royalties shall be effected in the currency of the country where the work has been utilized. Article 6 There shall be no obligation to pay copyright royalties for the utilization in the territory of one of the Contracting Parties of a work protected under this Convention in cases in which citizens of the said Contracting Party are not entitled to royalties for the utilization in the territory of the other Contracting Party of their works. Article 7 The practical implementation of the provisions of this Convention shall be the task of the Offices for the Protection of Copyright of the Contracting Parties. The two Offices shall, for that purpose, conclude an agreement in which they shall regulate the questions relating to the transfer of the rights needed for the exploitation of works protected under this Convention, as well as those questions relating to their cooperation in the field of the protection of the copyrights of their respective citizens, and shall further regulate the system of payment of royalties due to authors, and that of the mutual settlement of accounts. Article 8 The scope of this Convention shall extend to every type of utilization of the works protected under the Convention, when such utilization takes place after the entry into force of this Convention.

4 64 COPYRIGHT MARCH 1968 Article 9 This Convention shall not affect the obligations of the Contracting Parties under other international agreements. Article 10 This Convention has been concluded for a term of three years; it shall enter into force on January 1, Done at Budapest, this seventeeth day of November, 1967, in duplicate, each in the Hungarian and Russian languages, both texts being equally authentic. On behalf of the Government of the Hungarian People's Republic Pal ILKU On behalf of the Government of the Union of Soviet Socialist Republics S. K. ROMANOVSKI NATIONAL LEGISLATION KENYA The Copyright Regulations 1966 (No. 322, of November 14, 1966)») In exercise of the powers conferred by section 15 of the Copyright Act ), the Attorney-General hereby makes the following Regulations: 1. These Regulations may be cited as the Copyright Regulations The application of the Act is extended, in respect of literary works, musical works, artistic works and cinematograph films, to fa) individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of the countries named in the First Schedule to these Regulations; and (b) works, other than sound recordings, first published in the countries named in the First Schedule to these Regulations, being countries which are parties to the Universal Copyright Convention to which Kenya is also a party and which provides for copyright in works to which the application of the Act extends. 3. The international bodies named in the Second Schedule to these Regulations are prescribed for the purposes of section 6 (1) of the Act. Canada Chile Costa Rica Cuba Czechoslovakia Denmark Ecuador Finland France Federal Republic of Germany Ghana Greece Guatemala Haiti Holy See Iceland India Ireland Israel Italy Japan Laos Lebanon Liberia Liechtenstein Luxembourg Mexico Monaco New Zealand Nicaragua Nigeria Norway Pakistan Panama Paraguay Peru Philippines Portugal Spain Sweden Switzerland United Kingdom of Great Britain and Northern Ireland United States of America Venezuela FIRST SCHEDULE Andorra Argentina Austria Belgium Brazil Cambodia ') Published in the Kenya Gazette Supplement No. 97 of November 22, ) See Copyright, 1966, pp. 127 and 131. SECOND SCHEDULE The United Nations Organization The Specialized Agencies of the United Nations Organization The Organization of American States The Organization of African Unity

5 NATIONAL LEGISLATION 65 MALAWI Copyright (Extension) Regulations, 1966 (Under Section 15) (No. 248, of November 10,1966) ') In exercise of the powers conferred upon hin by Section 15 of the Copyright Act, ), the Minister of Trade and Industry, hereby makes the following Regulations Short title 1. These Regulations may be cited as the Copyright (Extension) Regulations, Extension of application of Act No. 38 of The application of the Copyright Act, 1965, shall be extended in respect of literary, musical and artistic works and cinematograph films (a) to individuals or bodies corporate who are citizens of or domiciled or resident in or incorporated under the laws of; (b) to works, other than sound recordings, first published in, the countries specified in the Schedule hereto and any other country which is a Contracting State to the Universal Copyright Convention. SCHEDULE Andorra Argentina Austria Belgium!) Published in The Malawi Gazette Supplement of November 18, ) See Copyright, 1965, pp. 174 and 178. Brazil Cambodia Canada Chile Costa Rica Cuba Czechoslovakia Denmark Ecuador Finland France Federal Republic of Germany Ghana Greece Guatemala Haiti Holy See Iceland India Ireland Israel Italy Japan Kenya Laos Lebanon Liberia Liechtenstein Luxembourg Mexico Monaco New Zealand Nicaragua Nigeria Norway Pakistan Panama Paraguay Peru Philippines Portugal Spain Sweden Switzerland United Kingdom United States of America Venezuela \ugoslavia Zambia UNITED KINGDOM The Copyright (International Conventions) (Amendment No. 2) Order 1967 (No. 1151, of July 28, 1967, coming into force on August 4, 1967) Her Majesty, in exercise of the powers conferred upon Her by sections 31, 32 and 47 of the Copyright Act 1956 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows : 1. The Copyright (International Conventions) Order 1964') (hereinafter referred to as "the principal Order"), as amended, shall be further amended by adding a reference») See Le Droit d'auteur (Copyright), 1964, p ) Ibid., 1964, p. 184; Copyright, 1965, pp.40, 240 and 241; 1966, pp. 93, 184, 247 and 275; 1967, p to Uruguay in Part I of Schedule 1 (which names the countries of the Berne Copyright Union). 2. The provisions of this Order shall extend to the countries named in the Schedule hereto (being the countries to which Part I of the principal Order has been extended). 3. (1) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament. (2) This Order may be cited as the Copyright (International Conventions) (Amendment No. 2) Order 1967 and shall come into operation on 4 lh August 1967.

6 66 COPYRIGHT MARCH 1968 SCHEDULE Countries to which Bahama Islands Bermuda British Honduras Cayman Islands Falkland Islands and its Dependencies Fiji Gibraltar Grenada the Order extends Isle of Man Mauritius Montserrat Seychelles St. Helena and its Dependencies St. Lucia St. Vincent Virgin Islands EXPLANATORY NOTE (This Note is not part of the Order.) This Order further amends the Copyright (International Conventions) Order It takes account of the fact that Uruguay has acceded to the Berne Copyright Convention. Article 2 of the Order extends its provisions to the dependent countries of the Commonwealth where the Copyright Act 1956 is law. ZAMBIA The Copyright Regulations 1965 (No. 216, of June 14, 1965) ') In exercise of the powers conferred upon the Minister of Commerce and Industry by section fifteen of the Copyright Act 2 ), the following Begulations are hereby made: Title 1. These Begulations may be cited as the Copyright Begulations, Application of Act No. 14 of The application of the Copyright Act shall be extended in respect of literary, musical and artistic works and cinematograph films (a) to individuals or bodies corporate who are citizens of or domiciled or resident in or incorporated under the laws of; (b) to works, other than sound recordings, first published in the countries specified in the Schedule hereto. SCHEDULE Andorra Argentina Austria Belgium J ) Published in the Supplement to the Republic of Zambia Government Gazette of June 18, ) See Copyright, 1965, pp. 107 and 111. Brazil Cambodia Canada Chile Costa Rica Cuba Czechoslovakia Denmark Ecuador Finland France Federal Republic of Germany Ghana Greece Guatemala Haiti Holy See Iceland India Ireland Israel Italy Japan Laos Lebanon Liberia Liechtenstein Luxembourg Mexico Monaco New Zealand Nicaragua Nigeria Norway Pakistan Panama Paraguay Peru Philippines Portugal Spain Sweden Switzerland United Kingdom United States of America PORTUGAL Note by the Editor Our readers are kindly requested to make the following corrections in the English text of the Portuguese Copyright Code published in the December 1967 issue of Copyright: 1. On page 302, Article 15, paragraph (2), should read as follows: " (2) Persons or bodies corporate who intervene as performers or technical agents in the broadcasting of the work may not invoke any of the rights forming part of the copyright in the work concerned, without prejudice to the remuneration agreed upon, especially in the form of a percentage." 2. On page 303, Article 17, paragraph (l)(ii), should read "the director" instead of "the maker".

7 67 GENERAL STUDIES The Hungarian-Soviet Copyright Convention

8 68 COPYRIGHT MARCH 1968

9 GENERAL STUDIES 69

10 70 COPYRIGHT MARCH 1968 Dr. Istvân TIMÂR Director General, Hungarian Bureau for the Protection of Copyright CORRESPONDENCE Letter from Japan

11 CORRESPONDENCE 71

12 72 COPYRIGHT MARCH 1968

13 CORRESPONDENCE 73

14 74 COPYRIGHT MARCH 1968

15 CORRESPONDENCE 75

16 76 COPYRIGHT MARCH 1968

17 CORRESPONDENCE 77 Yoshio NOMURA Member of the Government Copyright Council

18 78 NEWS ITEMS BELGIUM Ratification of the European Agreement on the Protection of Television Broadcasts and of the Protocol to the said Agreement (with effect from March 8, 1968) In a letter dated February the Secretary-General of the Council of Europe informed BIRPI that on February 7, 1968, the Permanent Delegate of Belgium to the Council of Europe deposited the instrument of ratification of the European Agreement on the Protection of Television Broadcasts and of the Protocol to the European Agreement on the Protection of Television Broadcasts, signed at Strasbourg on June , and January 22, 1965, respectively. The said Agreement and its Protocol, which are already in force with respect to Denmark, France, Germany (Fed. Rep.), Sweden and the United Kingdom, will take effect for Belgium on March 8, 1968, under the provisions of Article 8, paragraph 2. of the Agreement, and Article 4, paragraph 2, of the Protocol. CALENDAR BIRPI Meetings Date and Place Title Object Invitations to Participate Observers Invited 1968 March 25 to 29 Geneva Working Group Patent Cooperation Treaty (PCT) Questions concerning searching, etc. Countries in which over 5000 patent applications were filed in a year according to latest statistics: Argentina, Australia, Austria, Belgium, Brazil, Canada, Czechoslovakia, Denmark, France, Germany (Fed. Rep.), India, Italy, Japan, Mexico, Netherlands, Norway, Poland, South Africa, Soviet Union, Spain, Sweden, Switzerland, United Kingdom, United States of America Intergovernmental Organizations: United Nations; United Nations Industrial Development Organization; United Nations Conference on Trade and Development; International Patent Institute; Organization of American States; Permanent Secretariat of the General Treaty for Central American Economic Integration; Latin-American Free Trade Association; Council of Europe; European Atomic Energy Community; European Economic Community; European Free Trade Association; African and Malagasy Industrial Property Office Non-Governmental Organizations: Committee of National Institutes of Patent Agents; Council of European Industrial Federations; European Industrial Research Management Association; Inter- American Association of Industrial Property; International Association for the Protection of Industrial Property; International Chamber of Commerce; International Federation of Patent Agents; Japan Patent Association; National Association of Manufacturers (U. S. A.); Union of European Patent Agents; Union des industries de la Communauté européenne March 30 Geneva Committee for International Cooperation in Information Retrieval among Examining Patent Offices (ICIREPAT) - Enlarged Transitional Steering Committee Structural questions Germany (Fed. Rep.), Japan, Netherlands, Soviet Union, Sweden, United Kingdom, United States of America International Patent Institute April 1 to 7 Moscow Committee for International Cooperation in Information Retrieval among Examining Patent Offices (ICIREPAT) - Standing Committee III This meeting is not organized by BIRPI

19 CALENDAR 79 Date and Place Title Object Invitations to Participate Observers Invited April 22 to 26 Munich Committee for International Cooperation in Information Retrieval among Examining Patent Offices (ICIREPAT) - Advisory Board for Cooperative Systems - Standing Committees I and II These meetings are not organized by BIRPI May 3 and 4 Committee for Internation- Geneva a ' Cooperation in Information Retrieval among Examining Patent Offices (ICIREPAT) - Enlarged Transitional Steering Committee Questions of technical cooperation Germany (Fed. Rep.), Japan, Netherlands, Soviet Union, Sweden, United Kingdom, United States of America International Patent Institute July 1 to 5 *) Geneva Working Group Patent Cooperation Treaty (PCT) Questions concerning international application and preliminary examination States invited to the March 1968 meeting Observers invited to the March 1968 meeting July 1 to 5 Paris (Unesco Headquarters) Committee of Experts on the Photographic Reproduction of Works Protected by Copyright, convened jointly with Unesco To examine the copyright problems raised by the reproduction of protected works by photographic or analogous processes and to formulate appropriate recommendations with a view to possible solutions Argentina, Bulgaria. Congo (Kinshasa), Czechoslovakia, France, India. Iran. Japan, Lebanon, Mexico, Nigeria, Netherlands. Spain, Sweden, United States of America. Consultants from Germany (Fed. Rep.) and the United Kingdom Intergovernmental Organizations: United Nations and Specialized Agencies Non-Governmental Organizations: International Confederation of Societies of Authors and Composers (CISAC); International Congress on Reprography; International Council on Archives; International Federation for Documentation; International Federation of Library Associations; Internationale Gesellschaft für Urheberrecht; International Law Association: International Literary and Artistic Association; International Publishers Association September 24 to 27 Interunion Coordination Geneva Committee (6 th Session) Program and Budget of BIRPI for 1969 Argentina, Australia, Austria, Belgium, Brazil, Cameroon, Denmark, France, Germany (Fed. Rep.), Hungary, India, Iran, Italy, Japan, Kenya, Morocco, Mexico, Netherlands, Poland, Portugal, Rumania. Soviet Union, Spain, Sweden, Switzerland, United Kingdom, United States of America September 24 to 27 Executive Committee of the Geneva Conference of Representatives of the Paris Union (4'1> Session) Program and Budget (Paris Union) for 1969 Argentina, Australia, Austria, Cameroon, France, Germany (Fed. Rep.). Hungary, Iran, Japan, Kenya, Morocco, Mexico, Netherlands, Poland, Soviet Union, Spain, Sweden, Switzerland, United Kingdom, United States of America All the other Member States of the Paris Union; United Nations; International Patent Institute; Council of Europe October 2 to 8 Locarno Diplomatic Conference Adoption of a Special Agreement Concerning the International Classification of Industrial Designs All Member States of the Paris Union Intergovernmental Organizations: United Nations; Lnesco; Council of Europe Non-Governmental Organizations: Committee of National Institutes of Patent Agents; Inter-American Association of Industrial Property; International Association for the Protection of Industrial Property; International Chamber of Commerce; International Federation of Patent Agents; International League Against Unfair Competition; International Literary and Artistic Association; Union of European Patent Agents *) Changed from June 17 to 21.

20 80 COPYRIGHT MARCH 1968 Date and Place Title Object Invitations to Participate Observers Invited October 21 to November 1 Tokyo Committee for International Cooperation in Information Retrieval among Examining Patent Offices (ICIREPAT) - Meeting Particulars to be announced later November 4 to 12 Committee of Experts New Draft Treaty Geneva Patent Cooperation Treaty (PCT) All Member States of the Observers invited to the March 1968 Paris Union meeting November 25 to 29 BIRPI Symposium on Prac- To offer to participants Personalities from develop- Geneva tical Aspects of Copyright information on practical ing countries. Individual (held with the cooperation aspects of copyright pro- participants against payof CISAC) tection (collection and dis- ment of a registration fee tribution of royalties, organization and working of authors' societies or other bodies, etc.) Meetings of Other International Organizations Concerned with Intellectual Property Pia Date Organization Title 1968 Buenos Aires April 15 to 19 Paris April 29 and 30 Prague May 1 to 5 Strasbourg June 17 to 21 Amsterdam June 9 to 15 Vienna June 24 to 29 Lima December 2 to 6 International Association for the Protection of Industrial Property (IAPIP) International Patent Institute (IIB) International League Against Unfair Competition (LICCD) Council of Europe International Publishers Association (IPA) International Confederation of Societies of Authors and Composers (CISAC) Inter-American Association of Industrial Property (ASIPI) Presidents' Conference 96' 11 Session of the Administrative Council Symposium Working Party of the Committee of Experts on Patents Congress Congress Congress