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The Progressive Development of World Copyright Law

Published online by Cambridge University Press:  20 April 2017

Natalio Chediak
Natalio Chediak*
Affiliation:
FISAC, Inter-American Federation of Authors' and Composers' Societies
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Extract

The three years that have elapsed since the end of the Second World War in Europe have shown the need for ever-increasing labor in the field of copyright law. With our world drawn ever closer, the two existing systems for the protection of intellectual workers will necessarily meet more frequently. A detailed study of the historical background and present makeup of these two bodies of conventional law should lay the groundwork for their coördination.

Type
Research Article
Information
American Journal of International Law , Volume 42 , Issue 4 , October 1948 , pp. 797 - 810
Copyright
Copyright © American Society of International Law 1948

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References

1 Droit d'Auteur, Vol. 54, No. 10 (Oct. 15, 1941), p. 130.

2 Treaty on Literary and Artistic Copyright, Feb. 11, 1889. Actas y Tratados Celebrados por el Congreso International Sud-Americano de Montevideo, 1888-1889 (Montevideo, “El Siglo Ilustrado,” 1911), p. 782.

3 Convention on Literary and Artistic Copyrights, Jan. 27, 1902. XT. S. Treaty Series No. 491, 35 U. S. Stat. 1934; International Conferences of American States, 1889-1928 (New York, Oxford University Press, 1931), p. 71.

4 Convention on Patents of Invention, Drawings and Industrial Models, Trademarks, and Literary and Artistic Property, Aug. 23, 1906. International Conferences of American States, 1889-1928, p. 136.

5 Convention on Literary and Artistic Copyright, Aug. 11, 1910. U. S. Treaty Series No. 593, 38 U. S. Stat. 1785; International Conferences of American States, 18891928, p. 180.

6 Convention revising Convention of Buenos Aires on Literary and Artistic Copyright, Feb. 18, 1928. Final Act of 6th Conference of American States, p. 123; International Conferences of American States, 1889-1928, p. 409; this Journal , Supp., Vol. 22 (1928), p. 124.

7 Inter-American Convention on the Eights of the Author in Literary, Scientific and Artistic Works, 1946. Inter-American Conference of Experts on Copyright, Washington, June 1-22, 1946, Acts and Documents, Pan American Union, Congress and Conference Series, No. 51, p. 103.

8 Convention for Protection of Literary and Artistic Works, Bern, Sept. 9, 1886, revised Berlin, Nov. 13, 1908, and Eome, June 2, 1928. Great Britain, Treaty Series, No. 12 (1932); Canada Treaty Series (1931), No. 3.

9 Proceedings of Eighth American Scientific Congress, Washington, 1940 (Washington, Department of State, 1941), Vol. I, p. 259; N. Chediak, Unification of the International Standards Begulating Copyright (Havana, 1941).

10 N. Chediak,“ The Precarious Situation of Copyright in America, ” Revista de Derecho International, Vol. 20 (March, 1941), p. 89.

11 U. S. Treaty Series, No. 593, 38 TJ. S. Stat. 1785; International Conferences of American States, 1889-1928, p. 180.

12 N. Chediak, Annual Report to the Executive Board of the Inter-American Bar Association, 1942.

13 N. Chediak, Copyright in America within the New World Organisation. The following statement was made some time later by Dr. Luis A. Baralt:

. . . in examining the Federation's work concerning copyright, it is only necessary to recall that at its first meeting in 1945, the Inter-American Academy of Comparative and International Law approved in a round-table discussion the statement of the Secretary-General of FISAC tending to ensure copyright and its defense a suitable place within the proposed world organization. . . . and these resolutions, which were also approved by the First Congress of FISAC, were later presented to the San Francisco Conference which drafted the Charter of the United Nations.

Related to this directive, there was submitted to the San Francisco Conference a Cuban motion for the creation in the post-war world of an international organization for intellectual cooperation, which, although it was not accepted, led to an agreement recommending the holding of an international conference on intellectual coöperation, which took place in London and resulted in the formation of UNESCO, the education, scientific and cultural agency of the United Nations.

14 Inter-American Conference of Experts on Copyright, Washington, June 1-22, 1946, Acts and Documents, Pan American Union, Congress and Conference Series, No. 51, p. 103.

15 See editorial in Revista Interamericana de Verechos de Autor, No. 3, 1947.

16 See Report of First General Conference of UNESCO, Project 4, UNESCO/C/30, p. 226.

17 See Sanctis, Valerio de , “ II Diritto di Autore Negli Ultimi Ire Anni, 1944-1946, ” in II Diritto di Autore, Special Number. See also Second General Conference of UNESCO, 1947, Doc. 2 C/E/2, p. 4.Google Scholar

18 Proposal of the International Institute of Intellectual Coöperation, IIIC Doc.

19 See Report of First General Conference of UNESCO, loc. cit.

20 For proceedings and recommendations of the Provisional Committee of Experts, see Report on Copyright by Director General of UNESCO to the Second Session of the General Conference and Annexes thereto, Doc. 2C/37, Paris, Oct. 5, 1947.

21 Beport on Copyright by Director General of UNESCO to the Second Session of the General Conference, Annex I, Part I, Doe. 2C/37 (Paris, Oct. 5, 1947), pp. 1-2.

22 See American National Committee on International Intellectual Coöperation, Committee for the Study of Copyright, Comparative Study of Copyright Protection in Latin-America, 1938 (New York, 1938).

23 UNESCO Doc. 2C/129 (Rev.); Report of United States Delegation on Second Session, General Conference, Part II, Final Resolutions (Department of State Publication 3062, International Organization and Conference Series, IV, UNESCO 1), p. 90.

24 Report of Working Party on Copyright to Second General Conference of UNESCO, p. 6.

25 House of Lords, Feb. 22, 1774, [1774] 2 Brown P. C. 129; 1 Eng. Rep. (Reprint) 837.

26 Pan American Union, Juridical Division, Law and Treaty Series, No. 16 (Washington, April, 1943).

27 See, generally, the motion of Dr. Stephen P. Ladas at the Committee of Experts, Washington, 1946 (Pan American Union, Congress and Conference Series, No. 5 1 ); and motions by N. Chediak at the 3rd and 4th Inter-American Bar Association meetings, 1944 and 1945.

28 UNESCO Doe. 2C/129 (Rev.), p. 16; Report of United States Delegation on Second Session, General Conference of UNESCO, Mexico City, Nov. 6-Dec. 3, 1947, Part II, Pinal Resolutions (Department of State Publication 3062, International Organization and Conference Series, IV, UNESCO 1), p. 104.

29 Dr. Francois Hepp has been officially named Chief of the Section on Copyright created at the seat of UNESCO.