(ETS no. 27)
Paris, 15.XII.1958
Preamble
The governments signatory hereto, being members of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members;
Considering that it is important in the interests of European cultural and economic unity
that programmes may be exchanged by means of television films between the member countries
of the Council of Europe as freely as possible;
Considering that national legislations allow different conclusions as regards the legal
nature of television films and as regards the rights which they grant in respect of such
films;
Considering that it is necessary to resolve the difficulties arising from this situation;
Having regard to Article 20 of the Berne Convention for the Protection of Literary and
Artistic Works, by the terms of which the governments of the countries of the Union
reserve to themselves the right to enter into special arrangements which do not embody
stipulations contrary to that Convention,
Have agreed as follows:
Article 1
In the absence of any contrary or special stipulation within the meaning of Article 4
of the present Agreement, a broadcasting organisation under the jurisdiction of a country
which is a Party to this Agreement has the right to authorise in the other countries which
are Parties thereto the exploitation for television of television films of which it is the
maker.
Article 2
1. All visual or sound and visual recordings intended for television shall be deemed to be
television films within the meaning of the present Agreement.
2. A broadcasting organisation shall be deemed to be the maker if it has taken the
initiative in, and responsibility for, the making of a television film.
Article 3
1. If the television film has been made by a maker other than the one defined in Article 2,
paragraph 2, the latter is entitled, in the absence of contrary or special stipulations
within the meaning of Article 4, to transfer to a broadcasting organisation the right
provided in Article 1.
2. The provision contained in the preceding paragraph applies only if the maker and the
broadcasting organisation are under the jurisdiction of countries which are Parties to the
present Agreement.
Article 4
By "contrary or special stipulation" is meant any restrictive condition
agreed between the maker and persons who contribute to the making of the television film.
Article 5
This Agreement shall not affect the following rights, which shall be entirely reserved:
a. any moral right recognised in relation to films;
b. the copyright in literary, dramatic or artistic works from which the television film is
derived;
c. the copyright in a musical work, with or without words, accompanying a television film;
d. the copyright in films other than television films;
e. the copyright in the exploitation of television films otherwise than on television.
Article 6
1. This Agreement shall be open to signature by the members of the Council of Europe, who
may accede to it either by:
a. signature without reservation in respect of ratification; or
b. signature with reservation in respect of ratification, followed by the deposit of an
instrument of ratification.
c. Instruments of ratification shall be deposited with the Secretary General of the Council
of Europe.
Article 7
1. This Agreement shall enter into force thirty days after the date on which three members
of the Council shall, in accordance with Article 6 thereof, have signed it without
reservation in respect of ratification or shall have ratified it.
2. In the case of any member of the Council who shall subsequently sign the Agreement
without reservation in respect of ratification or who shall ratify it, the Agreement shall
enter into force thirty days after the date of such signature or deposit of the instrument
of ratification.
Article 8
1. After this Agreement has come into force, any country which is not a member of the
Council of Europe may accede to it, subject to the prior approval of the Committee of
Ministers of the Council of Europe.
2. Such accession shall be effected by the deposit of an instrument of accession with the
Secretary General of the Council of Europe, and shall take effect thirty days after the
date of deposit.
Article 9
Signature without reservation in respect of ratification, ratification or accession
shall imply full acceptance of all the provisions of this Agreement.
Article 10
The Secretary General of the Council of Europe shall notify members of the Council, the
governments of any countries which may have acceded to this Agreement and the Director of
the Bureau of the International Union for the Protection of Literary and Artistic Works:
a. of the date of entry into force of this Agreement and the names of any members of the
Council which have become Parties thereto;
b. of the deposit of any instruments of accession in accordance with Article 8 of the
present Agreement;
c. of any declaration or notification received in accordance with Articles 11 and 12
thereof.
Article 11
1. This Agreement shall apply to the metropolitan territories of the Contracting Parties.
2. Any Contracting Party may, at the time of signature, ratification or accession, or at
any later date, declare by notice addressed to the Secretary General of the Council of
Europe that this Agreement shall apply to any territory or territories mentioned in the
said declaration and for whose international relations it is responsible.
3. Any declaration made in accordance with the preceding paragraph may, in respect of any
territory mentioned in such a declaration, be withdrawn under the conditions laid down in
Article 12 of this Agreement.
Article 12
1. This Agreement shall remain in force for an unlimited period.
2. Any Contracting Party may denounce this Agreement at one year's notice by notification
to this effect to the Secretary General of the Council of Europe.
In witness whereof, the undersigned, being duly authorised thereto, have signed this
Agreement.
Done at Paris, this 15th day of December 1958, in English and French, both texts being
equally authoritative, in a single copy, which shall remain in the archives of the Council
of Europe and of which the Secretary General shall send certified copies to each of the
signatory and acceding governments and to the Director of the International Bureau for the
Protection of Literary and Artistic Works.
Совет Европы. Бюро договоров на
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