The Berne Universal Copyright Convention [1988] | Page 4

proprietors in literary, scientific and artistic works, including writings,
musical, dramatic and cinematographic works, and paintings,
engravings and sculpture.
ARTICLE II
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, as well as the protection specially
granted by this Convention.
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 Unpublished works of nationals of each Contracting State shall enjoy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accords to unpublished works of its own nationals, as well as the
protection specially granted by this Convention.
3. For the purposed of this Convention any Contracting State may, by
domestic legislation, assimilate to its own nationals any person
domiciled in that State.
ARTICLE III

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 of a lower case "c" inside of
a circle 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 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 shall not preclude any Contracting
State from providing that a person seeking judicial 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 the
copyright, nor shall any such requirement 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 work 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 in
respect of the second or any subsequent term of copyright.
ARTICLE IV
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 State in which protection is claimed.
2. (a) The term of protection for works protected under this Convention
shall not be less that the life of the author and twenty- five 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 this first publication of the work,
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 twenty- five years from the date of first publication.
(b) 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 twenty-five years from the date
of first publication or from its registration prior to publication, as the
case may be.
(c) 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 in subparagraphs (a)
and (b).
3. The provisions of paragraph 2 shall not apply to photographic works
or to works of applied art; provided, however, that the term