HOME

TheInfoList



OR:

The Buenos Aires Convention (Third
Pan-American Convention The Conferences of American States, commonly referred to as the Pan-American Conferences, were meetings of the Pan-American Union The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos E ...
) is an international copyright treaty signed in
Buenos Aires Buenos Aires ( or ; ), officially the Autonomous City of Buenos Aires ( es, link=no, Ciudad Autónoma de Buenos Aires), is the capital and primate city of Argentina. The city is located on the western shore of the Río de la Plata, on South ...
, Argentina, on 11 August 1910, providing mutual recognition of
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
s where the work carries a notice containing a statement of reservation of rights (Art. 3). This was commonly done with the phrase "
All rights reserved "All rights reserved" is a copyright formality indicating that the copyright holder ''reserves'', or holds for its own use, all the rights provided by copyright law. Originating in the Buenos Aires Convention of 1910, it is unclear if it has any ...
" ( es, Todos los derechos reservados; pt, Todos os direitos reservados) next to the
copyright notice In United States copyright law, a copyright notice is a notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership in a published work. Copyright is a form of protection provided by US law to author ...
. This implementation varied as
US law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
only required the author and year of publishing. Copyright protection under the convention is granted for the shorter of the terms of the protecting country and the source country of the work ("
rule of the shorter term The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national tre ...
", Arts. 6, 7). The rather vague nature of the requirement for a statement of reservation led to the development of longer and more legalistic wordings, which have persisted despite the developments in
international copyright law While no creative work is automatically protected worldwide, there are international treaties which provide protection automatically for all creative works as soon as they are fixed in a medium. There are two primary international copyright agreem ...
. The convention is specifically retained by the
Universal Copyright Convention The Universal Copyright Convention (UCC), adopted in Geneva, Switzerland, in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention. The UCC was developed by the United Nations Educati ...
(UCC) of 6 September 1952 (Art. 18 Geneva Act), with the most recent formulation taking precedence in case of conflict. As the Buenos Aires Convention was not modified, the presence of a simple copyright notice was sufficient to ensure mutual recognition of copyright between countries which became parties to the UCC (which only Honduras never did). As of , all parties to the Buenos Aires Convention are also parties to the Berne Convention for the Protection of Literary and Artistic Works, which provides for mutual recognition of copyright without any formalities (Art. 5.2 Berne). The Buenos Aires Convention became a "special agreement" in the terms of Article 20 of the Berne Convention. It remains in force, notably for determining the source country of a work and hence the term of protection which is applicable in countries which apply the "rule of the shorter term": when a work is simultaneously published in a Convention State and a non-Convention State, the Convention State will be taken to be the source country regardless of the term of protection in the non-Convention State. ''Sources'':
U.S. Copyright Office The United States Copyright Office (USCO), a part of the Library of Congress, is a United States government body that maintains records of copyright registration, including a copyright catalog. It is used by copyright title searchers who are ...
,
UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...
,
WIPO The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishin ...


References


Geneva Act of the Universal Copyright Convention
done at Geneva, 1952-09-06.

(Paris Act), as amended on 1979-09-28. # The United States has never applied the rule of the shorter term: all copyright works are protected for the normal U.S. term of copyright. # The United States deposited its Instruments of Ratification with the Government of Argentina on 1911-05-01, and hence the treaty came into force with respect to the other parties three months after that date (Art. 16). The treaty was not proclaimed in the United States until 1914-07-13. #
International Copyright Relations of the United States
, U.S. Copyright Office Circular No. 38a, August 2003.
Parties to the Geneva Act of the Universal Copyright Convention
as of 2000-01-01: the dates given in the document are dates of ratification, not dates of coming into force. The Geneva Act came into force on 1955-09-16 for the first twelve to have ratified (which included four non-members of the Berne Union as required by Art. 9.1), or three months after ratification for other countries.
Parties to the Berne Convention for the Protection of Literary and Artistic Works
as of 2006-05-30.


External links

{{wikisource, Buenos Aires Convention
Text of the Convention
Intellectual property treaties History of Buenos Aires Copyright treaties Treaties concluded in 1910 Treaties entered into force in 1914 Treaties of Argentina Treaties of Bolivia Treaties of the First Brazilian Republic Treaties of Chile Treaties of Colombia Treaties of Costa Rica Treaties of the Dominican Republic Treaties of Ecuador Treaties of Haiti Treaties of Guatemala Treaties of Honduras Treaties of Nicaragua Treaties of Mexico Treaties of Panama Treaties of Paraguay Treaties of Peru Treaties of the United States Treaties of Uruguay 1910 in Argentina 1910s in Buenos Aires