Abstract
Those who maybe, expect from us a draft bill for an altogether new Copyright Act will be disappointed in this because we only intend to introduce in a rather fragmentary manner some new provisions or alterations of actual provisions insofar as they have to do with our considerations put forward in the course of this treatise.
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Translation: Authors of musical and literary works shall have the exclusive right of authorizing:
the putting into circulation of instruments serving for the mechanical reproduction of sounds, whereon these works have been recorded;
the public performance of the said works by means of such instruments;
any other exploitation of these works by means of these instruments except by broadcast which is regulated by art. 11 bis of the present Convention.
Translation: If the author’s exclusive right mentioned in the previous paragraph under 1 ° has been assigned to a manufacturer of instruments serving for the mechanical reproduction of sounds, reservations and conditions relating to the application of that right may be determined etc.
Now that we have tried in the above lines to reach a formulation tallying with our own views, of art. 13 par. 1 of the B.C., we shall refrain from also reforming the parallel provisions contained in the various national legislations in such a way that they likewise reflect our views, because it is evident that we would only be producing a number of faithful copies of the first paragraph of art. 13 of the B.C. in its proposed form. As no new perspective would be opened in doing so, we may suffice with our suggestions regarding a new form of art. 13, par. I of the Berne Convention.
Translation: The provision mentioned under Io in the first paragraph of this article shall not be retroactive in such a way that it shall be lawful, even after the coming into force of the Convention signed in Berlin on the 13–11–1908, in a Country of the Union, to put into circulation by means of mechanical instruments works or parts of works which, in that Country, may thus have been lawfully put into circulation before the 1st January 1908, and, in the case of a Country having acceded to the Union since that date, or acceding to it in the future, before the date falling one year before that of its accession, provided that the said instruments have been made by means of the same matrices or similar contrivances and by the same manufacturers as before.
Vide also pp. 24–26 incl. and 31/2
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© 1952 Springer Science + Business Media B.V.
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Mak, W. (1952). Legislative Projects. In: Rights Affecting the Manufacture and Use of Gramophone Records. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-0841-4_9
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DOI: https://doi.org/10.1007/978-94-015-0841-4_9
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