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 INTERNATIONAL CONVENTIONS 619

Article XIV Under the reserves and conditions to be determined by common agreement, the present Convention applies to all works which at the moment of its coming into force have not fallen into the public domain in the coun- try of origin.

Protocol

4. The common agree- ment alluded to in Article XIV of the Convention is established as follows :

The application of the Convention and of the addi- tional act to works which have not fallen into the pub- lic domain in the country of origin at the time when [it comes] these acts came into force, shall operate accord- ing to the stipulations on this head which may be con- tained in special conven- tions either existing or to be concluded.

In the absence of such stipulations between any countries of the Union, the

Article 18

The present Convention applies to all works which, at the moment of its coming into force, have not fallen into the public domain of their country of origin be- cause of the expiration of the term of protection.

But if a work by reason of the expiration of the term of protection which was previously secured for it has fallen into the pub- lic domain of the coun- try where protection is claimed, such work will not be protected anew.

This principle will be ap- plied in accordance with the stipulations to that effect contained in the special Conventions either existing or to be concluded between countries of the Union, and in default of such stipulations, its appli- cation will be regulated by each country in its own case.

Convention to apply to all works not in public domain

Special con- ventions and domestic legislation may govern