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Bilateral Copyright Treaty between Spain and El Salvador, Madrid (1884)
Source: Archivo del Ministerio de Asuntos Exteriores, AMAE-siglo XIX, Tratados, 0347-01
Citation:
Bilateral Copyright Treaty between Spain and El Salvador, Madrid (1884), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
15 translated pages
Chapter 1 Page 1
Chapter 1 Page 2
The President of the Republic
of El Salvador and His Majesty the
King of Spain; wishing to
achieve a common arrangement on the
measures they have considered more
appropriate to reciprocally guarantee
in both countries the property
over literary, scientific and artsistic works
have decided to conclude a convention
and have appointed as their Pleni-
potentiaries.
The President of the Republic of El
Salvador: Mr. José María Torres
Caicedo, Envoy Extraordinary and
Minister Plenipotentiary in Ma-
drid, member and correspondent to
Spanish Royal Academy, Comendador of
the extraordinary number of the Royal and
distinguished Order of Charles III, Great
Oficial of the Order of the Legion
of Honour in France.
and His Majesty the King of Spain:
Mr. José Elduayen, Marquis of
Paso de la Merced, Grand Cross of
Chapter 1 Page 3
the Royal and distinguished Order of
Charles III, of Leopold of Austria, of Pio
IX, of the Legion of Honour in France,
of St. Mauritius and St. Lazarus
in Italy, of the Star of Romania,
of the Osmaniye in Turkey
and Collar Knight of the Order of Wasa in Sweden,
His Minister of State, Honorary
Senator, Former Tax and Colonial
Minister, General Inspector of the
the association of Civil
Engineers.
Who, after having exhibited
their full powers and found
them to be in good and due form
have agreed on the following articles:
Article I
Nationals of the Republic of
El Salvador in Spain and nationals
of Spain in the Republic of El
Salvador, who are authors of books,
pamphlets, or other writings, of dramatic
works, of musical compositions
Chapter 1 Page 4
or musical arrangements, or works of drawing,
painting, sculpture, engraving,
lithography, illustrations of geographical
maps, and, in general of all
kinds of scientific, literary,
or artistic productions shall enjoy,
the advantages stipulated in this Treaty,
reciprocally in each of the two States,
as well as those which the law in
either State now grants
or may hereafter grant in relation
to copyright in works of literature,
science or arts.
In order to secure these advantages,
to obtain damages, and to take action
against counterfeiters, they shall enjoy
the same protection and the same
legal remedies now granted or that
may be granted hereinafter to national
authors, in each of the two countries,
either by way of special copyright laws
Chapter 1 Page 5
on literary and artistic works
or by general civil or criminal
legislation.
Article III.
In order to extend the protection
provided by article 1 to all works of
of literature, science or arts, and
consequently, for the authors
or publishers of these works to be
admitted before the courts of the two
countries, it shall be sufficient
for the said authors or publishers
to justify their copyright by means
of a certificate issued by the
competent public authority
proving they hold the copyright in their
own country in relation to the
work in question against any
infringement or illicit reproduction.
Article III.
The provisions provided by article
Chapter 1 Page 6
1 shall equally apply
to the performance or execution
of dramatic and musical works
in either of the two states
of authors or composers
of the other country.
Artículo IV.
Translations of national or
foreign works made by a writer
from either state are expressly
assimilated to original works.
Thus these translations shall enjoy the
protection given by this Convention
to original works insofar as their
unauthorized reproduction in the
other state is concerned.
However, it should be clearly stated
that the purpose of this article
is only to protect the translator
in respect to the translation he made
of the original work, and not to grant
any exclusive right of translation
to the first
Chapter 1 Page 7
first translator of any work
written in a dead or living language.
Article V.
Nationals of either country
who are authors of original works
shall have the right to oppose
the publication in the other country
of any translation of these works
not authorised by themselves. This right
shall continue throughout the whole
period for which the literary copyright in
the original work has been granted, that is
to say, the publication of an unauthorised
translation shall constitute in all respects
an unlawful reprinting of the work.
Authors of dramatic works shall enjoy
reciprocally the same rights in relation
to translations or the performance of
translations of their works.
Chapter 1 Page 8
Article VI.
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.
Article VII.
However publication in either 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.
Chapter 1 Page 9
Article VIII.
Works that appear in installments
and articles or pamphlets that the
authors of either country publish in
newspapers may not be reproduced or
translated in periodicals or periodical
collections of the other country, nor
published in volume form or in any other
manner, without the permission of the
authors. This prohibition shall not
include articles of political character.
Article IX.
Legal representatives or sucessors in title
of authors, composers, and artists shall
enjoy reciprocally, and in all respects, the
same rights as those granted by this convention
to authors, translators, composers and artists.
Chapter 1 Page 10
Article X.
Copyright in literary and artistic
works recognised in this convention
is given to the author, translator, composer
and artist during his entire life and,
after his death, for a further period of
fifty years to his surviving spouse, heirs,
"irregular sucessors",donees, legatees,
assignees, or any other person holding
such copyright in accordance with the
legislation of his country.
Article XI.
The importation, sale or exhibition of
scientific, literary or artistic works,
printed or reproduced in either country
or in any foreign country without
the authorisation of authors or owners
of such works, is prohibited.
Chapter 1 Page 11
Article XII.
Any edition or reproduction of a
scientific, literary or artistic
work made contrary to the provisions
of this convention, shall be taken
to be an infringement.
Any person who publishes, sells or
places on sale in, or imports into,
the territory of either of the two
countries infringing works or objects
shall be punished in accordance
with the relevant law in force in
the respective country.
Article XIII.
The stipulations of this convention
shall not in any way prejudice the
right either of the High Contracting
Parties to authorise, supervise or
prohibit, by legislative or domestic
police measures, the circulation
Chapter 1 Page 12
performance or exhibition of
any work or production against
which the competent authority
may exercise this right.
This convention shall not in
any way affect the right of
either High Contracting Party
to prohibit the importation into
its own territory of books which,
by virtue of its domestic law or
agreements concluded with other
Powers, are or may hereafter be
declared to be infringements.
In duplicate
Madrid 23 June 1884
J.M. Torres Caicedo José Elduayen
National Palace. San Salva-
dor. 31 July 1884
Chapter 1 Page 13
Convention published in the official Gazette
Year CCXXIV- vol. 171. 20 June 1885-
Chapter 1 Page 14
Convention published in the official Gazette
Year CCXXIV- vol. 171. 20 June 1885-
Chapter 1 Page 15
Convention published in the official Gazette
Year CCXXIV- vol. 171. 20 June 1885-
Translation by: José Bellido, based on a previous translation published in "Copyright Laws and Treaties of the World" (Paris, UNESCO, 1992)
Source: Archivo del Ministerio de Asuntos Exteriores, AMAE-siglo XIX, Tratados, 0347-01
Citation:
Bilateral Copyright Treaty between Spain and El Salvador, Madrid (1884), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
15 translated pages
Chapter 1 Page 1
1885
CONVENTION
BETWEEN
el Salvador and Spain
to
guarantee the property
OVER
literary, scientific
AND
ARTISTIC WORKS
Chapter 1 Page 2
The President of the Republic
of El Salvador and His Majesty the
King of Spain; wishing to
achieve a common arrangement on the
measures they have considered more
appropriate to reciprocally guarantee
in both countries the property
over literary, scientific and artsistic works
have decided to conclude a convention
and have appointed as their Pleni-
potentiaries.
The President of the Republic of El
Salvador: Mr. José María Torres
Caicedo, Envoy Extraordinary and
Minister Plenipotentiary in Ma-
drid, member and correspondent to
Spanish Royal Academy, Comendador of
the extraordinary number of the Royal and
distinguished Order of Charles III, Great
Oficial of the Order of the Legion
of Honour in France.
and His Majesty the King of Spain:
Mr. José Elduayen, Marquis of
Paso de la Merced, Grand Cross of
Chapter 1 Page 3
the Royal and distinguished Order of
Charles III, of Leopold of Austria, of Pio
IX, of the Legion of Honour in France,
of St. Mauritius and St. Lazarus
in Italy, of the Star of Romania,
of the Osmaniye in Turkey
and Collar Knight of the Order of Wasa in Sweden,
His Minister of State, Honorary
Senator, Former Tax and Colonial
Minister, General Inspector of the
the association of Civil
Engineers.
Who, after having exhibited
their full powers and found
them to be in good and due form
have agreed on the following articles:
Article I
Nationals of the Republic of
El Salvador in Spain and nationals
of Spain in the Republic of El
Salvador, who are authors of books,
pamphlets, or other writings, of dramatic
works, of musical compositions
Chapter 1 Page 4
or musical arrangements, or works of drawing,
painting, sculpture, engraving,
lithography, illustrations of geographical
maps, and, in general of all
kinds of scientific, literary,
or artistic productions shall enjoy,
the advantages stipulated in this Treaty,
reciprocally in each of the two States,
as well as those which the law in
either State now grants
or may hereafter grant in relation
to copyright in works of literature,
science or arts.
In order to secure these advantages,
to obtain damages, and to take action
against counterfeiters, they shall enjoy
the same protection and the same
legal remedies now granted or that
may be granted hereinafter to national
authors, in each of the two countries,
either by way of special copyright laws
Chapter 1 Page 5
on literary and artistic works
or by general civil or criminal
legislation.
Article III.
In order to extend the protection
provided by article 1 to all works of
of literature, science or arts, and
consequently, for the authors
or publishers of these works to be
admitted before the courts of the two
countries, it shall be sufficient
for the said authors or publishers
to justify their copyright by means
of a certificate issued by the
competent public authority
proving they hold the copyright in their
own country in relation to the
work in question against any
infringement or illicit reproduction.
Article III.
The provisions provided by article
Chapter 1 Page 6
1 shall equally apply
to the performance or execution
of dramatic and musical works
in either of the two states
of authors or composers
of the other country.
Artículo IV.
Translations of national or
foreign works made by a writer
from either state are expressly
assimilated to original works.
Thus these translations shall enjoy the
protection given by this Convention
to original works insofar as their
unauthorized reproduction in the
other state is concerned.
However, it should be clearly stated
that the purpose of this article
is only to protect the translator
in respect to the translation he made
of the original work, and not to grant
any exclusive right of translation
to the first
Chapter 1 Page 7
first translator of any work
written in a dead or living language.
Article V.
Nationals of either country
who are authors of original works
shall have the right to oppose
the publication in the other country
of any translation of these works
not authorised by themselves. This right
shall continue throughout the whole
period for which the literary copyright in
the original work has been granted, that is
to say, the publication of an unauthorised
translation shall constitute in all respects
an unlawful reprinting of the work.
Authors of dramatic works shall enjoy
reciprocally the same rights in relation
to translations or the performance of
translations of their works.
Chapter 1 Page 8
Article VI.
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.
Article VII.
However publication in either 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.
Chapter 1 Page 9
Article VIII.
Works that appear in installments
and articles or pamphlets that the
authors of either country publish in
newspapers may not be reproduced or
translated in periodicals or periodical
collections of the other country, nor
published in volume form or in any other
manner, without the permission of the
authors. This prohibition shall not
include articles of political character.
Article IX.
Legal representatives or sucessors in title
of authors, composers, and artists shall
enjoy reciprocally, and in all respects, the
same rights as those granted by this convention
to authors, translators, composers and artists.
Chapter 1 Page 10
Article X.
Copyright in literary and artistic
works recognised in this convention
is given to the author, translator, composer
and artist during his entire life and,
after his death, for a further period of
fifty years to his surviving spouse, heirs,
"irregular sucessors",donees, legatees,
assignees, or any other person holding
such copyright in accordance with the
legislation of his country.
Article XI.
The importation, sale or exhibition of
scientific, literary or artistic works,
printed or reproduced in either country
or in any foreign country without
the authorisation of authors or owners
of such works, is prohibited.
Chapter 1 Page 11
Article XII.
Any edition or reproduction of a
scientific, literary or artistic
work made contrary to the provisions
of this convention, shall be taken
to be an infringement.
Any person who publishes, sells or
places on sale in, or imports into,
the territory of either of the two
countries infringing works or objects
shall be punished in accordance
with the relevant law in force in
the respective country.
Article XIII.
The stipulations of this convention
shall not in any way prejudice the
right either of the High Contracting
Parties to authorise, supervise or
prohibit, by legislative or domestic
police measures, the circulation
Chapter 1 Page 12
performance or exhibition of
any work or production against
which the competent authority
may exercise this right.
This convention shall not in
any way affect the right of
either High Contracting Party
to prohibit the importation into
its own territory of books which,
by virtue of its domestic law or
agreements concluded with other
Powers, are or may hereafter be
declared to be infringements.
In duplicate
Madrid 23 June 1884
J.M. Torres Caicedo José Elduayen
National Palace. San Salva-
dor. 31 July 1884
Chapter 1 Page 13
Convention published in the official Gazette
Year CCXXIV- vol. 171. 20 June 1885-
Chapter 1 Page 14
Convention published in the official Gazette
Year CCXXIV- vol. 171. 20 June 1885-
Chapter 1 Page 15
Convention published in the official Gazette
Year CCXXIV- vol. 171. 20 June 1885-
Translation by: José Bellido, based on a previous translation published in "Copyright Laws and Treaties of the World" (Paris, UNESCO, 1992)