# Primary Sources on Copyright - Record Viewer
Franco-Spanish Bilateral Copyright Treaty , Madrid (1880)

Source: Archivo del Ministerio de Asuntos Exteriores; AMAE, Tratados s. XIX, nº 0311

Franco-Spanish Bilateral Copyright Treaty , Madrid (1880), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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                  COVER OF THE TREATY

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            The President
      of the Republic of France
      To all and singular to whom these Presents shall come,
      Copyright Convention
      signed in Paris on 16
      June 1880, between France
      and Spain,
      Convention with the following

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      The President of the Republic of France
      and His Majesty the King of Spain,
      being equally desirous of guaranteeing
      in a more efficient manner
      the property of literary, scientific or artistic
      works have deemed convenient
      to conclude a new special convention
      for that purpose, and have therefore
      named as their Plenipotentiaries,
      that is to say: -
      The President of the
      Republic of France,
      Mr D. C. of Freycinet;
      Senator; President of the Council,
      Minister of Foreign Affairs, Officer
      of the Legion of Honour, etc

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      His Majesty the King
      of Spain,
      [to] Mr Mariano Roca de
      Togores, Marquis of Molins,
      Viscount of Rocamora, Grandee
      of Spain of the First Class
      Knight of the Order of the Golden Fleece,
      Grand Cross of Charles III,
      Knight of Calatrava, Grand Cross
      of the Legion of Honour,
      of the Spanish Academy,
      Senator of the Kingdom, His
      Ambassador in Paris;
      Who, after having
      communicated to each
      other their respective
      full Powers, found
      in good and due
      form, have agreed
      upon and concluded
      the following Articles:
      Art. 1:
      From the day of coming into force
      of this convention, authors

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      of literary work, scientific,
      or artistic works, or
       their sucessors in title,who,
       in accordance with the laws
      of one of the contracting states
      establish their copyright or their right
      of total or partial reproduction
      lin such state, shall, subject to this ,
      sole condition and and without
      further formality, enjoy corresponding
      rights in the other state, and shall be
      able to exercise such rights there
      in the same manner and
      subject to the same legal
      requirements as nationals.
      Those rights shall be guaranteed to
      the authors of the two countries
      during their lifetime and
      after their death
      for fifty years

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      to their heirs, doneees,
      legatees, assignees and
      any other successors in title
      in accordance with the legislation
      of the country of the deceased author.
      The term “literary,
      scientific and artistic works”
      includes books, pamphlets
      and other writings;
      dramatic works; musical
      compositions and arrangements
       works of drawing, painting,
      sculpture , and engraving;
      lithographs and illustrations;
      maps, plans, scientific
      drawings and, in
      general, any production
      in the literary, scientific
      or artistic field
      suitable for publication
      by any system of

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      printing or reproduction at
      present or hereafter known.
      Legal representatives
      or successors in title of authors,
      translators, composers and
      artists shall enjoy reciprocally and
      in all respects the same rights
      that this convention gives to
      authors, translators, composers
      and artists themselves.
            Art. 2.
      The printing, publication,
      sale, exhibition,
      importation or

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      export of
      literary, scientific or
      artistic works, made without
      the consent of the
      author, whether the
      unauthorised reproductions
      originate in one of the
      contracting countries or
      in any foreign country
      shall prohibited absolutely
      in both countries.
      The same prohibition
      equally applies to the
      performance or the
      execution in one of the
      countries of dramatic or
      musical works of authors
      or compositors from the
      other country.
            Art. 3.
      The authors of each of
      the two countries shall enjoy,
      in the other country, the exclusive
      right of translation of

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      their own works during the
      entire period this convention
      gives them copyright
      in respect of the work written
      in the original language:
      consequently the publication
      of an unauthorised translation
      shall be considered in all respects
      as equivalent to the unlawful reprinting
      of the original work.
      Translators of ancient
      or of modern works
      which have entered the
      public domain shall, insofar
      as their translations are concerned,
      enjoy copyright and the benefits
      inherent therein; they may not,
      however, oppose the translation
      of the said works

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      by other authors.
      The authors of
      dramatic works shall
      enjoy, reciprocally,
      the same rights in
      relation to the translation
      or the performance of
      translations of their
            Art. 4.
      Works published
      in instalments, as
      well as literary,
      scientific or critical essays,
      chronicles, novels or
      pamphlets and, in general,
      all writings, other than
      those concerning political discussions,
      which are published in newspapers
      or other periodical publications
      by authors of either country,
      shall not be reproduced

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      or translated in the other
      country without the authorisation
      of the authors or their successors
-      in title.
      Any indirect unauthorised appropriations
      such as adaptations, imitations so-called
      as "imitations in good faith", utilisations
      transcriptions of musical works, and, in
      general, any use made by way of printing
      or on the stage of literary, dramatic or
      musical works without the authorisation
      of the author are also prohibited.
      However publication in either of the two
      countries of extracts or entire fragments
      of the work from an author of the other
      country, either

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      of the two
      countries of extracts or entire fragments
      of the work from an author of the other
      country, either in the original language
      or in translation, shall be reciprocally
      lawful, provided that such publication is
      particularly suitable for pedagogical purposes
      and is accompanied by explanatory notes.
            Art. 5.
      In the case of violation
      of the provisions of
      this convention, the
      Courts shall impose
      the penalties fixed by the
      respective legislations,
      in the same manner as if
      the infringement had been
      committed to the prejudice
      of a production

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      of a national author.
            Art. 6.
      It is agreed that if
      one of the High Contracting
      Parties grants to any other state
      greater advantages than those
      stipulated in this convention for
      the guarantee of copyright,
      such advantages shall equally
      be granted, under the same
      conditions, to the other High
      Contracting Party.
            Art. 7.
      To facilitate the implementation
      of this convention, the two
      High Contracting Parties
      shall be reciprocally obliged to communicate
      to each other the laws,
      decrees or regulations that

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      each of them has
      promulgated or may hereafter
      promulgate concerning
      the protection and exercise
      of copyright.
            Art. 8.
      The provisions of this
      convention shall not in any way affect
      the right which each of the two
      High Contracting Parties expressly
      reserves to itself to permit,
      to supervise or to prohibit,
      by means of legislation or
      administrative action, the circulation,
      performance or
      exhibition of any work or
      production against which
      either state may consider it desirable
      to exercise this right.

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            Art. 9.
      This convention shall have effect
      in France and in Spain,
      as well as in the French colonies
      and in the Spanish overseas provinces.
      It shall come into force after the
      exchange of ratifications and
      at a time to be detetermined by common
      agreement between the two
      contracting governments.
      This convention shall replace
      the convention of November 15,
      1853. Its provision shall be
      applicable to works published
      or performed after its coming
      into force.
      However, works whose
      copyright is already
      protected at the time of the

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       coming into force of this convention,
      by the effect of the stipulations of the
      convention of 1853, shall equally
      enjoy the benefits of the new convention
      during the life of the author
      and fifty years after his death or,
      if the author is already dead,
      for the period of time left and necessary
      to complete the period of
      fifty years after his death.
      The benefits granted by
      the provisions of the previous
      paragraph, in connection with
      works published subject to the
      protection of the convention of
      1853, shall operate
      exclusively for the benefit of
      authors of these works or their

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      heirs, and shall in no manner
      apply to assignees when
      assignment took place prior
      to the coming into force of this
            Art. 10.
      This convention shall be in force
      for a period of six years
      from the date upon which
      it comes into force,
      and thereafter shall continue in force
      until such time as denounced
      by one or other of the
      High Contracting Parties and
      for a period of one year thereafter.
      The High contracting parties
      reserve to themselves the
      right to introduce, by
      common agreement, into
      this convention any

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      FINAL PROTOCOL       
      At the moment of proceeding to the signature
      of the Treaty between Spain and France for the
      reciprocal guarantee of [...]

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Having examined the said Convention
followed by the Final protocol,
We should approve and approve,
by virtue of the law passed by the Senate
and the Congress of Deputies, the declaration
that it is accepted, ratified and confirmed and
we promise that it shall be inviolably observed
In witness whereof, we [ ... ]
Paris 21 July 1880
Jules Ferry

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Translation by: based on previous translation published in "Copyright laws and treaties of the world" (Paris: UNESCO ; Washington, D.C: Bureau of National Affairs, 1956)


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