Page:Copyright, Its History And Its Law (1912).djvu/639

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INTERNATIONAL CONVENTIONS 607

The enjoyment of these rights is subject to the ac- compHshment of the condi- tions and formalities pre- scribed by law in the coun- try of origin of the work, and cannot exceed in the other countries the term of pro- tection granted in the said country of origin.

[Paris Declaration] I. By the terms of para- graph 2 of Article II of the Convention, the protection granted by the aforemen- tioned Act depends solely on the accomplishment in the country of origin of the work of the conditions and formali- ties that may be prescribed by the legislation of that coun- try. The same rule applies to the protection of the photo- graphic works mentioned in No. I (b), of the modified "Protocole de ClSture."

The enjoyment and the exercise of such rights are not subject to any formal- ity; such enjoyment and such exercise are independ- ent of the existence of pro- tection in the country of origin of the work. Conse- quently, apart from the stipulations of the present Convention, the extent of the protection, as well as the means of redress guaranteed to the author to safeguard his rights, are regulated exclusively ac- cording to the legislation of the country where the protection is claimed.

No formali- ties required

[Conditions and formali- ties of coun- try of origin]

[Art. II, PAR. 3, 4] The country of origin of the work is that in which the work is first published, or if such publication takes place simultaneously in sev- eral countries of the Union, that one of them in which the shortest term of protec- tion is granted by law.

The following is consid- Definition of ered as the country of origin country of of the work: for unpub- °"^"^

lished works, the country to which the author be- longs; for published works, the country of first publi- cation, and for works pub- lished simultaneously in