Article 1: Establishment of a Union
Article 2: Protected Works: 1.
“Literary and artistic works”; 2. Possible
requirement of fixation; 3. Derivative works; 4. Official texts; 5.
Collections; 6. Obligation to protect; beneficiaries of protection; 7.
Works of applied art and industrial designs; 8. News
Article 2bis: Possible Limitation
of Protection of Certain Works: 1. Certain
speeches; 2. Certain uses of lectures and addresses; 3. Right to make
collections of such works
Article 3: Criteria of Eligibility
for Protection: 1. Nationality of author; place of
publication of work; 2. Residence of author; 3. “Published” works;
4. “Simultaneously published” works
Article 4: Criteria of Eligibility for Protection of Cinematographic Works,
Works of Architecture and Certain Artistic Works
Article 5: Rights Guaranteed: 1.
and 2. Outside the country of origin; 3. In the
country of origin; 4. “Country of origin”
Article 6: Possible Restriction of
Protection in Respect of Certain Works of
Nationals of Certain Countries Outside the Union: 1. In the country
of the first publication and in other countries; 2. No retroactivity;
3. Notice
Article 6bis: Moral Rights: 1. To claim authorship; to object to certain
modifications and other derogatory actions; 2. After the author’s
death; 3. Means of redress
Article 7:
Term of Protection: 1. Generally; 2. For cinematographic works; 3.
For anonymous and pseudonymous works; 4. For photographic
works and works of applied art; 5. Starting date of computation; 6.
Longer terms; 7. Shorter terms; 8. Applicable law; “comparison” of
terms
Article 7bis: Term of Protection
for Works of Joint Authorship
Article 8: Right of Translation
* This Table of Contents is added
for the convenience of the reader. It does not appear in the original (English)
text of the
Convention.
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Article 9: Right of Reproduction:
1. Generally; 2. Possible exceptions; 3. Sound
and visual recordings
Article 10: Certain Free Uses of Works: 1. Quotations; 2. Illustrations for
teaching; 3. Indication of source and author
Article 10bis: Further Possible Free Uses of Works: 1. Of certain articles and
broadcast works; 2. Of works seen or heard in connection with
current events
Article 11: Certain Rights in Dramatic and Musical Works: 1. Right of public
performance and of communication to the public of a performance;
2. In respect of translations
Article 11bis: Broadcasting and Related Rights: 1. Broadcasting and other
wireless
communications, public communication of broadcast by wire or
rebroadcast, public communication of broadcast by loudspeaker or
analogous instruments; 2. Compulsory licenses; 3. Recording;
ephemeral recordings
Article 11ter: Certain Rights in Literary Works: 1. Right of public recitation
and of
communication to the public of a recitation; 2. In respect of
translations
Article 12: Right of Adaptation, Arrangement and Other Alteration
Article 13: Possible Limitation of the Right of Recording of Musical Works and
Any Words Pertaining Thereto: 1. Compulsory licenses; 2.
Transitory measures; 3. Seizure on importation of copies made
without the author’s permission
Article 14: Cinematographic and Related Rights: 1. Cinematographic adaptation
and reproduction; distribution; public performance and public
communication by wire of works thus adapted or reproduced;
2. Adaptation of cinematographic productions; 3. No compulsory
licenses
Article 14bis: Special Provisions Concerning Cinematographic Works: 1.
Assimilation to “original” works; 2. Ownership; limitation of certain
rights of certain contributors; 3. Certain other contributors
Article 14ter: “Droit de suite” in Works of Art and Manuscripts: 1. Right to an
interest in resales; 2. Applicable law; 3. Procedure
Article 15: Right to Enforce Protected Rights: 1. Where author’s name is
indicated or where pseudonym leaves no doubt as to author’s
identity; 2. In the case of cinematographic works; 3. In the case of
anonymous and pseudonymous works; 4. In the case of certain
unpublished works of unknown authorship
Article 16: Infringing Copies: 1. Seizure; 2. Seizure on importation; 3.
Applicable law
Article 17: Possibility of Control of Circulation, Presentation and Exhibition
of
Works
Article 18: Works Existing on Convention’s Entry Into Force: 1. Protectable
where protection not yet expired in country of origin; 2. Nonprotectable
where protection already expired in country where it is
claimed; 3. Application of these principles; 4. Special cases
Article 19: Protection Greater than Resulting from Convention
Article 20: Special Agreements Among Countries of the Union
Article 21: Special Provisions Regarding Developing Countries: 1. Reference to
Appendix; 2. Appendix part of Act
Article 22: Assembly: 1. Constitution and composition; 2. Tasks; 3. Quorum,
voting, observers; 4. Convocation; 5. Rules of procedure
Article 23: Executive Committee: 1. Constitution; 2. Composition; 3. Number of
members; 4. Geographical distribution; special agreements; 5. Term,
limits of re-eligibility, rules of election; 6. Tasks; 7. Convocation;
8. Quorum, voting; 9. Observers; 10. Rules of procedure
Article 24: International Bureau: 1. Tasks in general, Director General; 2.
General information; 3. Periodical; 4. Information to countries; 5.
Studies and services; 6. Participation in meetings; 7. Conferences of
revision; 8. Other tasks
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Article 25: Finances: 1. Budget; 2.
Coordination with other Unions; 3.
Resources; 4. Contributions; possible extension of previous budget;
5. Fees and charges; 6. Working
capital fund; 7. Advances by host
Government; 8. Auditing of accounts
Article 26: Amendments: 1. Provisions susceptible of amendment by the
Assembly; proposals; 2. Adoption; 3. Entry into force
Article 27: Revision: 1. Objective;
2. Conferences; 3. Adoption
Article 28: Acceptance and Entry
Into Force of Act for Countries of the Union:
1. Ratification, accession;
possibility of excluding certain
provisions; withdrawal of exclusion; 2. Entry into force of Articles 1
to 21 and Appendix; 3. Entry into force of Articles 22 to 38
Article 29: Acceptance and Entry Into Force for Countries Outside the Union: 1.
Accession; 2. Entry into force
Article 29bis: Effect of Acceptance
of Act for the Purposes of Article 14(2) of the
WIPO Convention
Article 30: Reservations: 1. Limits
of possibility of making reservations; 2.
Earlier reservations; reservation as to the right of translation;
withdrawal of reservation
Article 31: Applicability to
Certain Territories: 1. Declaration; 2. Withdrawal of
declaration; 3. Effective date; 4. Acceptance of factual situations not
implied
Article 32: Applicability of this
Act and of Earlier Acts: 1. As between countries
already members of the Union; 2. As between a country becoming a
member of the Union and other countries members of the Union;
3. Applicability of the Appendix in
Certain Relations
Article 33: Disputes: 1. Jurisdiction of the International Court of Justice; 2.
Reservation as to such jurisdiction; 3. Withdrawal of reservation
Article 34: Closing of Certain
Earlier Provisions: 1. Of earlier Acts; 2. Of the
Protocol to the Stockholm Act
Article 35: Duration of the
Convention; Denunciation: 1. Unlimited duration;
2. Possibility of denunciation; 3.
Effective date of denunciation;
4. Moratorium on denunciation
Article 36: Application of the Convention: 1. Obligation to adopt the necessary
measures; 2. Time from which obligation exists
Article 37: Final Clauses: 1.
Languages of the Act; 2. Signature; 3. Certified
copies; 4. Registration; 5. Notifications
Article 38: Transitory Provisions:
1. Exercise of the “five-year privilege”; 2.
Bureau of the Union, Director of the Bureau; 3. Succession of
Bureau of the Union
Appendix
SPECIAL PROVISIONS REGARDING
DEVELOPING COUNTRIES
Article I: Faculties Open to
Developing Countries: 1. Availability of certain
faculties; declaration; 2. Duration of effect of declaration; 3.
Cessation of developing country status; 4. Existing stocks of copies;
5. Declarations concerning certain
territories; 6. Limits of reciprocity
Article II: Limitations on the Right of Translation: 1. Licenses grantable by
competent authority; 2 to 4. Conditions allowing the grant of such
licenses; 5. Purposes for which licenses may be granted; 6.
Termination of licenses; 7. Works composed mainly of illustrations;
8. Works withdrawn from
circulation; 9. Licenses for broadcasting
organizations
Article III: Limitation on the Right of Reproduction: 1. Licenses grantable by
competent authority; 2 to 5. Conditions allowing the grant of such
licenses; 6. Termination of licenses; 7. Works to which this Article
applies
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Article IV: Provisions Common to
Licenses Under Articles II and III: 1 and
2. Procedure; 3. Indication of author and title of work;
4. Exportation of copies; 5. Notice; 6. Compensation
Article V: Alternative Possibility for Limitation of the Right of Translation:
1.
Regime provided for under the 1886 and 1896 Acts; 2. No
possibility of change to regime under Article II; 3. Time limit for
choosing the alternative possibility
Article VI: Possibilities of applying, or admitting the application of, certain
provisions of the Appendix before becoming bound by it: 1.
Declaration; 2. Depository and effective date of declaration
The countries of the Union, being
equally animated by the desire to protect, in as effective and
uniform a manner as possible, the rights of authors in their literary and
artistic works,
Recognizing the importance of the
work of the Revision Conference held at Stockholm in 1967,
Have resolved to revise the Act
adopted by the Stockholm Conference, while maintaining without
change Articles 1 to 20 and 22 to 26 of that Act.
Consequently, the undersigned Plenipotentiaries,
having presented their full powers, recognized as in
good and due form, have agreed as follows:
Article 1
[Establishment of a Union]1
The countries to which this
Convention applies constitute a Union for the protection of the rights of
authors in their literary and artistic works.
Article 2
[Protected Works: 1. “Literary and
artistic works”; 2. Possible requirement of fixation; 3. Derivative works;
4. Official texts; 5. Collections;
6. Obligation to protect; beneficiaries of protection; 7. Works of applied art
and industrial designs; 8. News]
(1) The expression “literary and artistic works” shall include every production
in the literary, scientific
and artistic domain, whatever may be the mode or form of its expression, such
as books, pamphlets and
other writings; lectures, addresses, sermons and other works of the same
nature; dramatic or dramaticomusical
works; choreographic works and entertainments in dumb show; musical
compositions with or
without words; cinematographic works to which are assimilated works expressed
by a process analogous to
cinematography; works of drawing, painting, architecture, sculpture, engraving
and lithography;
photographic works to which are assimilated works expressed by a process
analogous to photography; works
of applied art; illustrations, maps, plans, sketches and three-dimensional
works relative to geography,
topography, architecture or science.
(2) It shall, however, be a matter for legislation in the countries of the
Union to prescribe that works in
general or any specified categories of works shall not be protected unless they
have been fixed in some
material form.
(3) Translations, adaptations, arrangements of music and other alterations of a
literary or artistic work
shall be protected as original works without prejudice to the copyright in the
original work.
(4) It shall be a matter for legislation in the countries of the Union to
determine the protection to be
granted to official texts of a legislative, administrative and legal nature,
and to official translations of such
texts.
(5) Collections of literary or artistic works such as encyclopaedias and
anthologies which, by reason of
the selection and arrangement of their contents, constitute intellectual
creations shall be protected as such,
without prejudice to the copyright in each of the works forming part of such
collections.
1 Each Article and the Appendix have been given titles to facilitate their
identification. There are no titles in the signed (English)
text.
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(6) The works mentioned in this
Article shall enjoy protection in all countries of the Union. This
protection shall operate for the benefit of the author and his successors in
title.
(7) Subject to the provisions of Article 7(4) of this Convention, it shall be a
matter for legislation in the
countries of the Union to determine the extent of the application of their laws
to works of applied art and
industrial designs and models, as well as the conditions under which such
works, designs and models shall
be protected. Works protected in the country of origin solely as designs and
models shall be entitled in
another country of the Union only to such special protection as is granted in
that country to designs and
models; however, if no such special protection is granted in that country, such
works shall be protected as
artistic works.
(8) The protection of this Convention shall not apply to news of the day or to
miscellaneous facts having
the character of mere items of press information.
Article 2bis
[Possible Limitation of Protection
of Certain Works: 1. Certain speeches; 2. Certain uses of lectures and
addresses; 3. Right to make collections of such works]
(1) It shall be a matter for
legislation in the countries of the Union to exclude, wholly or in part, from
the
protection provided by the preceding Article political speeches and speeches
delivered in the course of legal
proceedings.
(2) It shall also be a matter for legislation in the countries of the Union to
determine the conditions under
which lectures, addresses and other works of the same nature which are
delivered in public may be
reproduced by the press, broadcast, communicated to the public by wire and made
the subject of public
communication as envisaged in Article 11bis(1) of this Convention, when such
use is justified by the
informatory purpose.
(3) Nevertheless, the author shall enjoy the exclusive right of making a
collection of his works mentioned
in the preceding paragraphs.
Article 3
[Criteria of Eligibility for
Protection: 1. Nationality of author; place of publication of work; 2.
Residence of
author; 3. “Published” works; 4.
“Simultaneously published” works]
(1) The protection of this
Convention shall apply to:
(a)
authors who are nationals of one of the countries of the Union, for their
works, whether
published or not;
(b)
authors who are not nationals of one of the countries of the Union, for their
works first
published in one of those countries, or simultaneously in a country outside the
Union and in a
country of the Union.
(2) Authors who are not nationals of one of the countries of the Union but who
have their habitual
residence in one of them shall, for the purposes of this Convention, be
assimilated to nationals of that
country.
(3) The expression “published works” means works published with the consent of
their authors, whatever
may be the means of manufacture of the copies, provided that the availability
of such copies has been such
as to satisfy the reasonable requirements of the public, having regard to the
nature of the work. The
performance of a dramatic, dramatico-musical, cinematographic or musical work,
the public recitation of a
literary work, the communication by wire or the broadcasting of literary or
artistic works, the exhibition of a
work of art and the construction of a work of architecture shall not constitute
publication.
(4) A work shall be considered as having been published simultaneously in
several countries if it has been
published in two or more countries within thirty days of its first publication.
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Article 4
[Criteria of Eligibility for
Protection of Cinematographic Works, Works of Architecture and Certain Artistic
Works]
The protection of this Convention
shall apply, even if the conditions of Article 3 are not fulfilled, to:
(a)
authors of cinematographic works the maker of which has his headquarters or
habitual
residence in one of the countries of the Union;
(b)
authors of works of architecture erected in a country of the Union or of other
artistic works
incorporated in a building or other structure located in a country of the
Union.
Article 5
[Rights Guaranteed: 1. and 2.
Outside the country of origin; 3. In the country of origin; 4. “Country of
origin”]
(1) Authors shall enjoy, in respect
of works for which they are protected under this Convention, in
countries of the Union other than the country of origin, the rights which their
respective laws do now or may
hereafter grant to their nationals, as well as the rights specially granted by
this Convention.
(2) The enjoyment and the exercise of these rights shall not be subject to any
formality; such enjoyment
and such exercise shall be independent of the existence of protection in the
country of origin of the work.
Consequently, apart from the provisions of this Convention, the extent of
protection, as well as the means of
redress afforded to the author to protect his rights, shall be governed
exclusively by the laws of the country
where protection is claimed.
(3) Protection in the country of origin is governed by domestic law. However,
when the author is not a
national of the country of origin of the work for which he is protected under
this Convention, he shall enjoy
in that country the same rights as national authors.
(4) The country of origin shall be considered to be:
(a)
in the case of works first published in a country of the Union, that country;
in the case of works
published simultaneously in several countries of the Union which grant
different terms of
protection, the country whose legislation grants the shortest term of
protection;
(b)
in the case of works published simultaneously in a country outside the Union
and in a country
of the Union, the latter country;
(c)
in the case of unpublished works or of works first published in a country
outside the Union,
without simultaneous publication in a country of the Union, the country of the
Union of which
the author is a national, provided that:
(i) when these are cinematographic works the maker of which has his
headquarters or his
habitual residence in a country of the Union, the country of origin shall be
that country,
and
(ii) when these are works of architecture erected in a country of the Union or
other artistic
works incorporated in a building or other structure located in a country of the
Union, the
country of origin shall be that country.
Article 6
[Possible Restriction of Protection
in Respect of Certain Works of Nationals of Certain Countries Outside
the Union: 1. In the country of the first publication and in other countries;
2. No retroactivity; 3. Notice]
(1) Where any country outside the
Union fails to protect in an adequate manner the works of authors who
are nationals of one of the countries of the Union, the latter country may
restrict the protection given to the
works of authors who are, at the date of the first publication thereof,
nationals of the other country and are
not habitually resident in one of the countries of the Union. If the country of
first publication avails itself of
this right, the other countries of the Union shall not be required to grant to
works thus subjected to special
treatment a wider protection than that granted to them in the country of first
publication.
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(2) No restrictions introduced by
virtue of the preceding paragraph shall affect the rights which an author
may have acquired in respect of a work published in a country of the Union
before such restrictions were put
into force.
(3) The countries of the Union which restrict the grant of copyright in
accordance with this Article shall
give notice thereof to the Director General of the World Intellectual Property
Organization (hereinafter
designated as “the Director General”) by a written declaration specifying the
countries in regard to which
protection is restricted, and the restrictions to which rights of authors who
are nationals of those countries
are subjected. The Director General shall immediately communicate this
declaration to all the countries of
the Union.
Article 6bis
[Moral Rights: 1. To claim
authorship; to object to certain modifications and other derogatory actions; 2.
After the author’s death; 3. Means of redress]
(1) Independently of the author’s
economic rights, and even after the transfer of the said rights, the author
shall have the right to claim authorship of the work and to object to any
distortion, mutilation or other
modification of, or other derogatory action in relation to, the said work,
which would be prejudicial to his
honor or reputation.
(2) The rights granted to the author in accordance with the preceding paragraph
shall, after his death, be
maintained, at least until the expiry of the economic rights, and shall be
exercisable by the persons or
institutions authorized by the legislation of the country where protection is
claimed. However, those
countries whose legislation, at the moment of their ratification of or
accession to this Act, does not provide
for the protection after the death of the author of all the rights set out in
the preceding paragraph may
provide that some of these rights may, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted by this Article
shall be governed by the
legislation of the country where protection is claimed.
Article 7
[Term of Protection: 1. Generally;
2. For cinematographic works; 3. For anonymous and pseudonymous
works; 4. For photographic works and works of applied art; 5. Starting date of
computation; 6. Longer
terms; 7. Shorter terms; 8. Applicable law; “comparison” of terms]
(1) The term of protection granted
by this Convention shall be the life of the author and fifty years after
his death.
(2) However, in the case of cinematographic works, the countries of the Union
may provide that the term
of protection shall expire fifty years after the work has been made available
to the public with the consent of
the author, or, failing such an event within fifty years from the making of
such a work, fifty years after the
making.
(3) In the case of anonymous or pseudonymous works, the term of protection
granted by this Convention
shall expire fifty years after the work has been lawfully made available to the
public. However, when the
pseudonym adopted by the author leaves no doubt as to his identity, the term of
protection shall be that
provided in paragraph (1). If the author of an anonymous or pseudonymous work
discloses his identity
during the above-mentioned period, the term of protection applicable shall be
that provided in paragraph (1).
The countries of the Union shall not be required to protect anonymous or
pseudonymous works in respect of
which it is reasonable to presume that their author has been dead for fifty
years.
(4) It shall be a matter for legislation in the countries of the Union to
determine the term of protection of
photographic works and that of works of applied art in so far as they are
protected as artistic works;
however, this term shall last at least until the end of a period of twenty-five
years from the making of such a
work.
(5) The term of protection subsequent to the death of the author and the terms
provided by paragraphs (2),
(3) and (4) shall run from the date of death or of the event referred to in
those paragraphs, but such terms
shall always be deemed to begin on the first of January of the year following
the death or such event.
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(6) The countries of the Union may
grant a term of protection in excess of those provided by the
preceding paragraphs.
(7) Those countries of the Union bound by the Rome Act of this Convention which
grant, in their national
legislation in force at the time of signature of the present Act, shorter terms
of protection than those
provided for in the preceding paragraphs shall have the right to maintain such
terms when ratifying or
acceding to the present Act.
(8) In any case, the term shall be governed by the legislation of the country
where protection is claimed;
however, unless the legislation of that country otherwise provides, the term
shall not exceed the term fixed
in the country of origin of the work.
Article 7bis
[Term of Protection for Works of
Joint Authorship]
The provisions of the preceding
Article shall also apply in the case of a work of joint authorship,
provided that the terms measured from the death of the author shall be
calculated from the death of the last
surviving author.
Article 8
[Right of Translation]
Authors of literary and artistic
works protected by this Convention shall enjoy the exclusive right of
making and of authorizing the translation of their works throughout the term of
protection of their rights in
the original works.
Article 9
[Right of Reproduction: 1.
Generally; 2. Possible exceptions; 3. Sound and visual recordings]
(1) Authors of literary and
artistic works protected by this Convention shall have the exclusive right of
authorizing the reproduction of these works, in any manner or form.
(2) It shall be a matter for legislation in the countries of the Union to
permit the reproduction of such
works in certain special cases, provided that such reproduction does not
conflict with a normal exploitation
of the work and does not unreasonably prejudice the legitimate interests of the
author.
(3) Any sound or visual recording shall be considered as a reproduction for the
purposes of this
Convention.
Article 10
[Certain Free Uses of Works: 1.
Quotations; 2. Illustrations for teaching; 3. Indication of source and author]
(1) It shall be permissible to make
quotations from a work which has already been lawfully made
available to the public, provided that their making is compatible with fair
practice, and their extent does not
exceed that justified by the purpose, including quotations from newspaper
articles and periodicals in the
form of press summaries.
(2) It shall be a matter for legislation in the countries of the Union, and for
special agreements existing or
to be concluded between them, to permit the utilization, to the extent
justified by the purpose, of literary or
artistic works by way of illustration in publications, broadcasts or sound or
visual recordings for teaching,
provided such utilization is compatible with fair practice.
(3) Where use is made of works in accordance with the preceding paragraphs of
this Article, mention
shall be made of the source, and of the name of the author if it appears
thereon.
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Article 10bis
[Further Possible Free Uses of
Works: 1. Of certain articles and broadcast works; 2. Of works seen or heard
in connection with current events]
(1) It shall be a matter for
legislation in the countries of the Union to permit the reproduction by the
press, the broadcasting or the communication to the public by wire of articles
published in newspapers or
periodicals on current economic, political or religious topics, and of
broadcast works of the same character,
in cases in which the reproduction, broadcasting or such communication thereof
is not expressly reserved.
Nevertheless, the source must always be clearly indicated; the legal
consequences of a breach of this
obligation shall be determined by the legislation of the country where
protection is claimed.
(2) It shall also be a matter for legislation in the countries of the Union to
determine the conditions under
which, for the purpose of reporting current events by means of photography,
cinematography, broadcasting
or communication to the public by wire, literary or artistic works seen or
heard in the course of the event
may, to the extent justified by the informatory purpose, be reproduced and made
available to the public.
Article 11
[Certain Rights in Dramatic and
Musical Works: 1. Right of public performance and of communication to
the public of a performance; 2. In respect of translations]
(1) Authors of dramatic,
dramatico-musical and musical works shall enjoy the exclusive right of
authorizing:
(i) the public performance of their works, including such public performance by
any means or
process;
(ii) any communication to the public of the performance of their works.
(2) Authors of dramatic or dramatico-musical works shall enjoy, during the full
term of their rights in the
original works, the same rights with respect to translations thereof.
Article 11bis
[Broadcasting and Related Rights:
1. Broadcasting and other wireless communications, public
communication of broadcast by wire or rebroadcast, public communication of
broadcast by loudspeaker or
analogous instruments; 2. Compulsory licenses; 3. Recording; ephemeral
recordings]
(1) Authors of literary and
artistic works shall enjoy the exclusive right of authorizing:
(i) the broadcasting of their works or the communication thereof to the public
by any other
means of wireless diffusion of signs, sounds or images;
(ii) any communication to the public by wire or by rebroadcasting of the
broadcast of the
work, when this communication is made by an organization other than the
original one;
(iii) the public communication by loudspeaker or any other analogous instrument
transmitting, by signs, sounds or images, the broadcast of the work.
(2) It shall be a matter for legislation in the countries of the Union to
determine the conditions under
which the rights mentioned in the preceding paragraph may be exercised, but
these conditions shall apply
only in the countries where they have been prescribed. They shall not in any
circumstances be prejudicial to
the moral rights of the author, nor to his right to obtain equitable
remuneration which, in the absence of
agreement, shall be fixed by competent authority.
(3) In the absence of any contrary stipulation, permission granted in
accordance with paragraph (1) of this
Article shall not imply permission to record, by means of instruments recording
sounds or images, the work
broadcast. It shall, however, be a matter for legislation in the countries of
the Union to determine the
regulations for ephemeral recordings made by a broadcasting organization by
means of its own facilities and
used for its own broadcasts. The preservation of these recordings in official
archives may, on the ground of
their exceptional documentary character, be authorized by such legislation.
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Article 11ter
[Certain Rights in Literary Works:
1. Right of public recitation and of communication to the public of a
recitation; 2. In respect of translations]
(1) Authors of literary works shall
enjoy the exclusive right of authorizing:
(i) the public recitation of their works, including such public recitation by
any means or process;
(ii) any communication to the public of the recitation of their works.
(2) Authors of literary works shall enjoy, during the full term of their rights
in the original works, the
same rights with respect to translations thereof.
Article 12
[Right of Adaptation, Arrangement
and Other Alteration]
Authors of literary or artistic
works shall enjoy the exclusive right of authorizing adaptations,
arrangements and other alterations of their works.
Article 13
[Possible Limitation of the Right
of Recording of Musical Works and Any Words Pertaining Thereto:
1. Compulsory licenses; 2.
Transitory measures; 3. Seizure on importation of copies made without the
author’s permission]
(1) Each country of the Union may
impose for itself reservations and conditions on the exclusive right
granted to the author of a musical work and to the author of any words, the
recording of which together with
the musical work has already been authorized by the latter, to authorize the
sound recording of that musical
work, together with such words, if any; but all such reservations and
conditions shall apply only in the
countries which have imposed them and shall not, in any circumstances, be
prejudicial to the rights of these
authors to obtain equitable remuneration which, in the absence of agreement,
shall be fixed by competent
authority.
(2) Recordings of musical works made in a country of the Union in accordance
with Article 13(3) of the
Conventions signed at Rome on June 2, 1928, and at Brussels on June 26, 1948,
may be reproduced in that
country without the permission of the author of the musical work until a date
two years after that country
becomes bound by this Act.
(3) Recordings made in accordance with paragraphs (1) and (2) of this Article
and imported without
permission from the parties concerned into a country where they are treated as
infringing recordings shall be
liable to seizure.
Article 14
[Cinematographic and Related
Rights: 1. Cinematographic adaptation and reproduction; distribution; public
performance and public communication by wire of works thus adapted or
reproduced; 2. Adaptation of
cinematographic productions; 3. No compulsory licenses]
(1) Authors of literary or artistic
works shall have the exclusive right of authorizing:
(i) the cinematographic adaptation and reproduction of these works, and the
distribution of the
works thus adapted or reproduced;
(ii) the public performance and communication to the public by wire of the
works thus adapted or
reproduced.
(2) The adaptation into any other artistic form of a cinematographic production
derived from literary or
artistic works shall, without prejudice to the authorization of the author of
the cinematographic production,
remain subject to the authorization of the authors of the original works.
(3) The provisions of Article 13(1) shall not apply.
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Article 14bis
[Special Provisions Concerning
Cinematographic Works: 1. Assimilation to “original” works;
2. Ownership; limitation of certain
rights of certain contributors; 3. Certain other contributors]
(1) Without prejudice to the copyright in any work which may have been adapted
or reproduced, a
cinematographic work shall be protected as an original work. The owner of
copyright in a cinematographic
work shall enjoy the same rights as the author of an original work, including
the rights referred to in the
preceding Article.
(2)
(a) Ownership of copyright in a cinematographic work shall be a matter for
legislation in the
country where protection is claimed.
(b) However, in the countries of the Union which, by legislation, include among
the owners of
copyright in a cinematographic work authors who have brought contributions to
the making of the work,
such authors, if they have undertaken to bring such contributions, may not, in
the absence of any contrary or
special stipulation, object to the reproduction, distribution, public
performance, communication to the public
by wire, broadcasting or any other communication to the public, or to the
subtitling or dubbing of texts, of
the work.
(c) The question whether or not the form of the undertaking referred to above
should, for the
application of the preceding subparagraph (b), be in a written agreement or a
written act of the same effect
shall be a matter for the legislation of the country where the maker of the
cinematographic work has his
headquarters or habitual residence. However, it shall be a matter for the
legislation of the country of the
Union where protection is claimed to provide that the said undertaking shall be
in a written agreement or a
written act of the same effect. The countries whose legislation so provides
shall notify the Director General
by means of a written declaration, which will be immediately communicated by
him to all the other
countries of the Union.
(d) By “contrary or special stipulation” is meant any restrictive condition
which is relevant to the
aforesaid undertaking.
(3) Unless the national legislation provides to the contrary, the provisions of
paragraph (2)(b) above shall
not be applicable to authors of scenarios, dialogues and musical works created
for the making of the
cinematographic work, or to the principal director thereof. However, those
countries of the Union whose
legislation does not contain rules providing for the application of the said
paragraph (2)(b) to such director
shall notify the Director General by means of a written declaration, which will
be immediately
communicated by him to all the other countries of the Union.
Article 14ter
[“Droit de suite” in Works of Art
and Manuscripts:
1. Right to an interest in resales;
2. Applicable law; 3. Procedure]
(1) The author, or after his death the persons or institutions authorized by
national legislation, shall, with
respect to original works of art and original manuscripts of writers and
composers, enjoy the inalienable
right to an interest in any sale of the work subsequent to the first transfer
by the author of the work.
(2) The protection provided by the preceding paragraph may be claimed in a
country of the Union only if
legislation in the country to which the author belongs so permits, and to the
extent permitted by the country
where this protection is claimed.
(3) The procedure for collection and the amounts shall be matters for
determination by national
legislation.
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Article 15
[Right to Enforce Protected Rights:
1. Where author’s name is indicated or where pseudonym leaves no
doubt as to author’s identity; 2. In the case of cinematographic works; 3. In
the case of anonymous and
pseudonymous works; 4. In the case of certain unpublished works of unknown
authorship]
(1) In order that the author of a
literary or artistic work protected by this Convention shall, in the absence
of proof to the contrary, be regarded as such, and consequently be entitled to
institute infringement
proceedings in the countries of the Union, it shall be sufficient for his name
to appear on the work in the
usual manner. This paragraph shall be applicable even if this name is a
pseudonym, where the pseudonym
adopted by the author leaves no doubt as to his identity.
(2) The person or body corporate whose name appears on a cinematographic work
in the usual manner
shall, in the absence of proof to the contrary, be presumed to be the maker of
the said work.
(3) In the case of anonymous and pseudonymous works, other than those referred
to in paragraph (1)
above, the publisher whose name appears on the work shall, in the absence of
proof to the contrary, be
deemed to represent the author, and in this capacity he shall be entitled to
protect and enforce the author’s
rights. The provisions of this paragraph shall cease to apply when the author
reveals his identity and
establishes his claim to authorship of the work.
(4)
(a) In the case of unpublished works where the identity of the author is
unknown, but where there is
every ground to presume that he is a national of a country of the Union, it
shall be a matter for legislation in
that country to designate the competent authority which shall represent the
author and shall be entitled to
protect and enforce his rights in the countries of the Union.
(b) Countries of the Union which make such designation under the terms of this
provision shall notify
the Director General by means of a written declaration giving full information
concerning the authority thus
designated. The Director General shall at once communicate this declaration to
all other countries of the
Union.
Article 16
[Infringing Copies: 1. Seizure; 2.
Seizure on importation; 3. Applicable law]
(1) Infringing copies of a work
shall be liable to seizure in any country of the Union where the work
enjoys legal protection.
(2) The provisions of the preceding paragraph shall also apply to reproductions
coming from a country
where the work is not protected, or has ceased to be protected.
(3) The seizure shall take place in accordance with the legislation of each
country.
Article 17
[Possibility of Control of
Circulation, Presentation and Exhibition of Works]
The provisions of this Convention
cannot in any way affect the right of the Government of each
country of the Union to permit, to control, or to prohibit, by legislation or
regulation, the circulation,
presentation, or exhibition of any work or production in regard to which the
competent authority may find it
necessary to exercise that right.
Article 18
[Works Existing on Convention’s
Entry Into Force: 1. Protectable where protection not yet expired in
country of origin; 2. Non-protectable where protection already expired in
country where it is claimed; 3.
Application of these principles; 4. Special cases]
(1) This Convention shall apply to
all works which, at the moment of its coming into force, have not yet
fallen into the public domain in the country of origin through the expiry of
the term of protection.
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(2) If, however, through the expiry
of the term of protection which was previously granted, a work has
fallen into the public domain of the country where protection is claimed, that
work shall not be protected
anew.
(3) The application of this principle shall be subject to any provisions
contained in special conventions to
that effect existing or to be concluded between countries of the Union. In the
absence of such provisions, the
respective countries shall determine, each in so far as it is concerned, the
conditions of application of this
principle.
(4) The preceding provisions shall also apply in the case of new accessions to
the Union and to cases in
which protection is extended by the application of Article 7 or by the
abandonment of reservations.
Article 19
[Protection Greater than Resulting
from Convention]
The provisions of this Convention
shall not preclude the making of a claim to the benefit of any
greater protection which may be granted by legislation in a country of the
Union.
Article 20
[Special Agreements Among Countries
of the Union]
The Governments of the countries of
the Union reserve the right to enter into special agreements
among themselves, in so far as such agreements grant to authors more extensive
rights than those granted by
the Convention, or contain other provisions not contrary to this Convention.
The provisions of existing
agreements which satisfy these conditions shall remain applicable.
Article 21
[Special Provisions Regarding
Developing Countries: 1. Reference to Appendix; 2. Appendix part of
Act]
(1) Special provisions regarding
developing countries are included in the Appendix.
(2) Subject to the provisions of Article 28(1)(b), the Appendix forms an
integral part of this Act.
Article 22
[Assembly: 1. Constitution and
composition; 2. Tasks; 3. Quorum, voting, observers; 4. Convocation; 5.
Rules of procedure]
(1)
(a) The Union shall have an Assembly consisting of those countries of the Union
which are bound by
Articles 22 to 26.
(b) The Government of each country shall be represented by one delegate, who
may be assisted by
alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has
appointed it.
(2)
(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and development of the
Union and the
implementation of this Convention;
(ii) give directions concerning the preparation for conferences of revision to
the International
Bureau of Intellectual Property (hereinafter designated as “the International
Bureau”) referred
to in the Convention Establishing the World Intellectual Property Organization
(hereinafter
designated as “the Organization”), due account being taken of any comments made
by those
countries of the Union which are not bound by Articles 22 to 26;
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(iii) review and approve the
reports and activities of the Director General of the Organization
concerning the Union, and give him all necessary instructions concerning
matters within the
competence of the Union;
(iv) elect the members of the Executive Committee of the Assembly;
(v) review and approve the reports and activities of its Executive Committee,
and give instructions
to such Committee;
(vi) determine the program and adopt the biennial budget of the Union, and
approve its final
accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees of experts and working groups as may be
necessary for the work of
the Union;
(ix) determine which countries not members of the Union and which
intergovernmental and
international non-governmental organizations shall be admitted to its meetings
as observers;
(x) adopt amendments to Articles 22 to 26;
(xi) take any other appropriate action designed to further the objectives of
the Union;
(xii) exercise such other functions as are appropriate under this Convention;
(xiii) subject to its acceptance, exercise such rights as are given to it in
the Convention establishing
the Organization.
(b) With respect to matters which are of interest also to other Unions
administered by the
Organization, the Assembly shall make its decisions after having heard the
advice of the Coordination
Committee of the Organization.
(3)
(a) Each country member of the Assembly shall have one vote.
(b) One-half of the countries members of the Assembly shall constitute a
quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the
number of countries
represented is less than one-half but equal to or more than one-third of the
countries members of the
Assembly, the Assembly may make decisions but, with the exception of decisions
concerning its own
procedure, all such decisions shall take effect only if the following conditions
are fulfilled. The International
Bureau shall communicate the said decisions to the countries members of the
Assembly which were not
represented and shall invite them to express in writing their vote or
abstention within a period of three
months from the date of the communication. If, at the expiration of this
period, the number of countries
having thus expressed their vote or abstention attains the number of countries
which was lacking for
attaining the quorum in the session itself, such decisions shall take effect
provided that at the same time the
required majority still obtains.
(d) Subject to the provisions of Article 26(2), the decisions of the Assembly
shall require two-thirds
of the votes cast.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one country only.
(g) Countries of the Union not members of the Assembly shall be admitted to its
meetings as
observers.
(4)
(a) The Assembly shall meet once in every second calendar year in ordinary
session upon convocation
by the Director General and, in the absence of exceptional circumstances,
during the same period and at the
same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session upon convocation by the
Director General, at
the request of the Executive Committee or at the request of one-fourth of the
countries members of the
Assembly.
(5) The Assembly shall adopt its own rules of procedure.
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Article 23
[Executive Committee: 1.
Constitution; 2. Composition; 3. Number of members; 4. Geographical
distribution; special agreements; 5. Term, limits of re-eligibility, rules of
election; 6. Tasks; 7. Convocation;
8. Quorum, voting; 9. Observers; 10. Rules of procedure]
(1) The Assembly shall have an
Executive Committee.
(2)
(a) The Executive Committee shall consist of countries elected by the Assembly
from among
countries members of the Assembly. Furthermore, the country on whose territory
the Organization has its
headquarters shall, subject to the provisions of Article 25(7)(b), have an ex
officio seat on the Committee.
(b) The Government of each country member of the Executive Committee shall be
represented by one
delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has
appointed it.
(3) The number of countries members of the Executive Committee shall correspond
to one-fourth of the
number of countries members of the Assembly. In establishing the number of
seats to be filled, remainders
after division by four shall be disregarded.
(4) In electing the members of the Executive Committee, the Assembly shall have
due regard to an
equitable geographical distribution and to the need for countries party to the
Special Agreements which
might be established in relation with the Union to be among the countries
constituting the Executive
Committee.
(5)
(a) Each member of the Executive Committee shall serve from the close of the
session of the
Assembly which elected it to the close of the next ordinary session of the
Assembly.
(b) Members of the Executive Committee may be re-elected, but not more than
two-thirds of them.
(c) The Assembly shall establish the details of the rules governing the
election and possible reelection
of the members of the Executive Committee.
(6)
(a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly respecting the draft program and biennial
budget of the
Union prepared by the Director General;
(iii) [deleted]
(iv) submit, with appropriate comments, to the Assembly the periodical reports
of the Director
General and the yearly audit reports on the accounts;
(v) in accordance with the decisions of the Assembly and having regard to
circumstances arising
between two ordinary sessions of the Assembly, take all necessary measures to
ensure the
execution of the program of the Union by the Director General;
(vi) perform such other functions as are allocated to it under this Convention.
(b) With respect to matters which are of interest also to other Unions
administered by the
Organization, the Executive Committee shall make its decisions after having
heard the advice of the
Coordination Committee of the Organization.
(7)
(a) The Executive Committee shall meet once a year in ordinary session upon
convocation by the
Director General, preferably during the same period and at the same place as
the Coordination Committee of
the Organization.
(b) The Executive Committee shall meet in extraordinary session upon
convocation by the Director
General, either on his own initiative, or at the request of its Chairman or
one-fourth of its members.
(8)
(a) Each country member of the Executive Committee shall have one vote.
(b) One-half of the members of the Executive Committee shall constitute a
quorum.
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(c) Decisions shall be made by a
simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of, one country only.
(9) Countries of the Union not members of the Executive Committee shall be
admitted to its meetings as
observers.
(10) The Executive Committee shall adopt its own rules of procedure.
Article 24
[International Bureau: 1. Tasks in
general, Director General; 2. General information; 3. Periodical;
4. Information to countries; 5.
Studies and services; 6. Participation in meetings; 7. Conferences of revision;
8. Other tasks]
(1)
(a) The administrative tasks with respect to the Union shall be performed by
the International Bureau,
which is a continuation of the Bureau of the Union united with the Bureau of
the Union established by the
International Convention for the Protection of Industrial Property.
(b) In particular, the International Bureau shall provide the secretariat of
the various organs of the
Union.
(c) The Director General of the Organization shall be the chief executive of
the Union and shall
represent the Union.
(2) The International Bureau shall assemble and publish information concerning
the protection of
copyright. Each country of the Union shall promptly communicate to the
International Bureau all new laws
and official texts concerning the protection of copyright.
(3) The International Bureau shall publish a monthly periodical.
(4) The International Bureau shall, on request, furnish information to any
country of the Union on matters
concerning the protection of copyright.
(5) The International Bureau shall conduct studies, and shall provide services,
designed to facilitate the
protection of copyright.
(6) The Director General and any staff member designated by him shall
participate, without the right to
vote, in all meetings of the Assembly, the Executive Committee and any other
committee of experts or
working group. The Director General, or a staff member designated by him, shall
be ex officio secretary of
these bodies.
(7)
(a) The International Bureau shall, in accordance with the directions of the
Assembly and in
cooperation with the Executive Committee, make the preparations for the
conferences of revision of the
provisions of the Convention other than Articles 22 to 26.
(b) The International Bureau may consult with intergovernmental and
international non-governmental
organizations concerning preparations for conferences of revision.
(c) The Director General and persons designated by him shall take part, without
the right to vote, in
the discussions at these conferences.
(8) The International Bureau shall carry out any other tasks assigned to it.
Article 25
[Finances: 1. Budget; 2.
Coordination with other Unions; 3. Resources; 4. Contributions; possible
extension
of previous budget; 5. Fees and charges; 6. Working capital fund; 7. Advances
by host Government; 8.
Auditing of accounts]
(1)
(a) The Union shall have a budget.
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(b) The budget of the Union shall
include the income and expenses proper to the Union, its
contribution to the budget of expenses common to the Unions, and, where applicable,
the sum made
available to the budget of the Conference of the Organization.
(c) Expenses not attributable exclusively to the Union but also to one or more
other Unions
administered by the Organization shall be considered as expenses common to the
Unions. The share of the
Union in such common expenses shall be in proportion to the interest the Union
has in them.
(2) The budget of the Union shall be established with due regard to the
requirements of coordination with
the budgets of the other Unions administered by the Organization.
(3) The budget of the Union shall be financed from the following sources:
(i) contributions of the countries of the Union;
(ii) fees and charges due for services performed by the International Bureau in
relation to the
Union;
(iii) sale of, or royalties on, the publications of the International Bureau
concerning the Union;
(iv) gifts, bequests, and subventions;
(v) rents, interests, and other miscellaneous income.
(4)
(a) For the purpose of establishing its contribution towards the budget, each
country of the Union
shall belong to a class, and shall pay its annual contributions on the basis of
a number of units fixed as
follows:
Class I 25
Class II 20
Class III 15
Class IV 10
Class V 5
Class VI 3
Class VII 1
(b) Unless it has already done so,
each country shall indicate, concurrently with depositing its
instrument of ratification or accession, the class to which it wishes to
belong. Any country may change
class. If it chooses a lower class, the country must announce it to the
Assembly at one of its ordinary
sessions. Any such change shall take effect at the beginning of the calendar
year following the session.
(c) The annual contribution of each country shall be an amount in the same
proportion to the total sum
to be contributed to the annual budget of the Union by all countries as the
number of its units is to the total
of the units of all contributing countries.
(d) Contributions shall become due on the first of January of each year.
(e) A country which is in arrears in the payment of its contributions shall
have no vote in any of the
organs of the Union of which it is a member if the amount of its arrears equals
or exceeds the amount of the
contributions due from it for the preceding two full years. However, any organ
of the Union may allow such
a country to continue to exercise its vote in that organ if, and as long as, it
is satisfied that the delay in
payment is due to exceptional and unavoidable circumstances.
(f) If the budget is not adopted before the beginning of a new financial
period, it shall be at the same
level as the budget of the previous year, in accordance with the financial
regulations.
(5) The amount of the fees and charges due for services rendered by the
International Bureau in relation
to the Union shall be established, and shall be reported to the Assembly and
the Executive Committee, by
the Director General.
(6)
(a) The Union shall have a working capital fund which shall be constituted by a
single payment made
by each country of the Union. If the fund becomes insufficient, an increase
shall be decided by the
Assembly.
(b) The amount of the initial payment of each country to the said fund or of
its participation in the
increase thereof shall be a proportion of the contribution of that country for
the year in which the fund is
established or the increase decided.
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(c) The proportion and the terms of
payment shall be fixed by the Assembly on the proposal of the
Director General and after it has heard the advice of the Coordination
Committee of the Organization.
(7)
(a) In the headquarters agreement concluded with the country on the territory
of which the
Organization has its headquarters, it shall be provided that, whenever the
working capital fund is
insufficient, such country shall grant advances. The amount of these advances
and the conditions on which
they are granted shall be the subject of separate agreements, in each case,
between such country and the
Organization. As long as it remains under the obligation to grant advances,
such country shall have an ex
officio seat on the Executive Committee.
(b) The country referred to in subparagraph (a) and the Organization shall each
have the right to
denounce the obligation to grant advances, by written notification.
Denunciation shall take effect three years
after the end of the year in which it has been notified.
(8) The auditing of the accounts shall be effected by one or more of the
countries of the Union or by
external auditors, as provided in the financial regulations. They shall be
designated, with their agreement, by
the Assembly.
Article 26
[Amendments: 1. Provisions
susceptible of amendment by the Assembly; proposals; 2. Adoption; 3. Entry
into force]
(1) Proposals for the amendment of
Articles 22, 23, 24, 25, and the present Article, may be initiated by
any country member of the Assembly, by the Executive Committee, or by the
Director General. Such
proposals shall be communicated by the Director General to the member countries
of the Assembly at least
six months in advance of their consideration by the Assembly.
(2) Amendments to the Articles referred to in paragraph (1) shall be adopted by
the Assembly. Adoption
shall require three-fourths of the votes cast, provided that any amendment of
Article 22, and of the present
paragraph, shall require four-fifths of the votes cast.
(3) Any amendment to the Articles referred to in paragraph (1) shall enter into
force one month after
written notifications of acceptance, effected in accordance with their
respective constitutional processes,
have been received by the Director General from three-fourths of the countries
members of the Assembly at
the time it adopted the amendment. Any amendment to the said Articles thus
accepted shall bind all the
countries which are members of the Assembly at the time the amendment enters
into force, or which become
members thereof at a subsequent date, provided that any amendment increasing
the financial obligations of
countries of the Union shall bind only those countries which have notified
their acceptance of such
amendment.
Article 27
[Revision: 1. Objective; 2.
Conferences; 3. Adoption]
(1) This Convention shall be submitted
to revision with a view to the introduction of amendments
designed to improve the system of the Union.
(2) For this purpose, conferences shall be held successively in one of the
countries of the Union among
the delegates of the said countries.
(3) Subject to the provisions of Article 26 which apply to the amendment of
Articles 22 to 26, any
revision of this Act, including the Appendix, shall require the unanimity of
the votes cast.
Article 28
[Acceptance and Entry Into Force of
Act for Countries of the Union: 1. Ratification, accession; possibility
of excluding certain provisions; withdrawal of exclusion; 2. Entry into force
of Articles 1 to 21 and
Appendix; 3. Entry into force of Articles 22 to 38]
(1)
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(a) Any country of the Union which
has signed this Act may ratify it, and, if it has not signed it, may
accede to it. Instruments of ratification or accession shall be deposited with
the Director General.
(b) Any country of the Union may declare in its instrument of ratification or
accession that its
ratification or accession shall not apply to Articles 1 to 21 and the Appendix,
provided that, if such country
has previously made a declaration under Article VI(1) of the Appendix, then it
may declare in the said
instrument only that its ratification or accession shall not apply to Articles
1 to 20.
(c) Any country of the Union which, in accordance with subparagraph (b), has
excluded provisions
therein referred to from the effects of its ratification or accession may at
any later time declare that it
extends the effects of its ratification or accession to those provisions. Such
declaration shall be deposited
with the Director General.
(2)
(a) Articles 1 to 21 and the Appendix shall enter into force three months after
both of the following
two conditions are fulfilled:
(i) at least five countries of the Union have ratified or acceded to this Act
without making a
declaration under paragraph (1)(b),
(ii) France, Spain, the United Kingdom of Great Britain and Northern Ireland,
and the United
States of America, have become bound by the Universal Copyright Convention as
revised at
Paris on July 24, 1971.
(b) The entry into force referred to in subparagraph (a) shall apply to those
countries of the Union
which, at least three months before the said entry into force, have deposited
instruments of ratification or
accession not containing a declaration under paragraph (1)(b).
(c) With respect to any country of the Union not covered by subparagraph (b)
and which ratifies or
accedes to this Act without making a declaration under paragraph (1)(b),
Articles 1 to 21 and the Appendix
shall enter into force three months after the date on which the Director General
has notified the deposit of
the relevant instrument of ratification or accession, unless a subsequent date
has been indicated in the
instrument deposited. In the latter case, Articles 1 to 21 and the Appendix
shall enter into force with respect
to that country on the date thus indicated.
(d) The provisions of subparagraphs (a) to (c) do not affect the application of
Article VI of the
Appendix.
(3) With respect to any country of the Union which ratifies or accedes to this
Act with or without a
declaration made under paragraph (1)(b), Articles 22 to 38 shall enter into
force three months after the date
on which the Director General has notified the deposit of the relevant
instrument of ratification or accession,
unless a subsequent date has been indicated in the instrument deposited. In the
latter case, Articles 22 to 38
shall enter into force with respect to that country on the date thus indicated.
Article 29
[Acceptance and Entry Into Force
for Countries Outside the Union: 1. Accession; 2. Entry into force]
(1) Any country outside the Union
may accede to this Act and thereby become party to this Convention
and a member of the Union. Instruments of accession shall be deposited with the
Director General.
(2)
(a) Subject to subparagraph (b), this Convention shall enter into force with
respect to any country
outside the Union three months after the date on which the Director General has
notified the deposit of its
instrument of accession, unless a subsequent date has been indicated in the
instrument deposited. In the
latter case, this Convention shall enter into force with respect to that
country on the date thus indicated.
(b) If the entry into force according to subparagraph (a) precedes the entry
into force of Articles 1 to
21 and the Appendix according to Article 28(2)(a), the said country shall, in
the meantime, be bound,
instead of by Articles 1 to 21 and the Appendix, by Articles 1 to 20 of the
Brussels Act of this Convention.
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Article 29bis
[Effect of Acceptance of Act for
the Purposes of Article 14(2) of the WIPO Convention]
Ratification of or accession to
this Act by any country not bound by Articles 22 to 38 of the
Stockholm Act of this Convention shall, for the sole purposes of Article 14(2)
of the Convention
establishing the Organization, amount to ratification of or accession to the
said Stockholm Act with the
limitation set forth in Article 28(1)(b)(i) thereof.
Article 30
[Reservations: 1. Limits of
possibility of making reservations; 2. Earlier reservations; reservation as to
the
right of translation; withdrawal of reservation]
(1) Subject to the exceptions
permitted by paragraph (2) of this Article, by Article 28(1)(b), by
Article 33(2), and by the Appendix, ratification or accession shall
automatically entail acceptance of all the
provisions and admission to all the advantages of this Convention.
(2)
(a) Any country of the Union ratifying or acceding to this Act may, subject to
Article V(2) of the
Appendix, retain the benefit of the reservations it has previously formulated
on condition that it makes a
declaration to that effect at the time of the deposit of its instrument of
ratification or accession.
(b) Any country outside the Union may declare, in acceding to this Convention
and subject to
Article V(2) of the Appendix, that it intends to substitute, temporarily at
least, for Article 8 of this Act
concerning the right of translation, the provisions of Article 5 of the Union
Convention of 1886, as
completed at Paris in 1896, on the clear understanding that the said provisions
are applicable only to
translations into a language in general use in the said country. Subject to
Article I(6)(b) of the Appendix,
any country has the right to apply, in relation to the right of translation of
works whose country of origin is a
country availing itself of such a reservation, a protection which is equivalent
to the protection granted by the
latter country.
(c) Any country may withdraw such reservations at any time by notification
addressed to the Director
General.
Article 31
[Applicability to Certain
Territories: 1. Declaration; 2. Withdrawal of declaration; 3. Effective date;
4. Acceptance of factual situations
not implied]
(1) Any country may declare in its instrument of ratification or accession, or
may inform the Director
General by written notification at any time thereafter, that this Convention
shall be applicable to all or part
of those territories, designated in the declaration or notification, for the
external relations of which it is
responsible.
(2) Any country which has made such a declaration or given such a notification
may, at any time, notify
the Director General that this Convention shall cease to be applicable to all
or part of such territories.
(3)
(a) Any declaration made under paragraph (1) shall take effect on the same date
as the ratification or
accession in which it was included, and any notification given under that paragraph
shall take effect three
months after its notification by the Director General.
(b) Any notification given under paragraph (2) shall take effect twelve months
after its receipt by the
Director General.
(4) This Article shall in no way be understood as implying the recognition or
tacit acceptance by a
country of the Union of the factual situation concerning a territory to which
this Convention is made
applicable by another country of the Union by virtue of a declaration under
paragraph (1).
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Article 32
[Applicability of this Act and of
Earlier Acts: 1. As between countries already members of the Union; 2. As
between a country becoming a member of the Union and other countries members of
the Union;
3. Applicability of the Appendix in Certain Relations]
(1) This Act shall, as regards relations between the countries of the Union,
and to the extent that it
applies, replace the Berne Convention of September 9, 1886, and the subsequent
Acts of revision. The Acts
previously in force shall continue to be applicable, in their entirety or to
the extent that this Act does not
replace them by virtue of the preceding sentence, in relations with countries
of the Union which do not ratify
or accede to this Act.
(2) Countries outside the Union which become party to this Act shall, subject
to paragraph (3), apply it
with respect to any country of the Union not bound by this Act or which,
although bound by this Act, has
made a declaration pursuant to Article 28(1)(b). Such countries recognize that
the said country of the Union,
in its relations with them:
(i) may apply the provisions of the most recent Act by which it is bound, and
(ii) subject to Article I(6) of the Appendix, has the right to adapt the
protection to the level
provided for by this Act.
(3) Any country which has availed itself of any of the faculties provided for
in the Appendix may apply
the provisions of the Appendix relating to the faculty or faculties of which it
has availed itself in its relations
with any other country of the Union which is not bound by this Act, provided
that the latter country has
accepted the application of the said provisions.
Article 33
[Disputes: 1. Jurisdiction of the
International Court of Justice; 2. Reservation as to such jurisdiction; 3.
Withdrawal of reservation]
(1) Any dispute between two or more
countries of the Union concerning the interpretation or application
of this Convention, not settled by negotiation, may, by any one of the
countries concerned, be brought
before the International Court of Justice by application in conformity with the
Statute of the Court, unless
the countries concerned agree on some other method of settlement. The country
bringing the dispute before
the Court shall inform the International Bureau; the International Bureau shall
bring the matter to the
attention of the other countries of the Union.
(2) Each country may, at the time it signs this Act or deposits its instrument
of ratification or accession,
declare that it does not consider itself bound by the provisions of paragraph
(1). With regard to any dispute
between such country and any other country of the Union, the provisions of
paragraph (1) shall not apply.
(3) Any country having made a declaration in accordance with the provisions of
paragraph (2) may, at
any time, withdraw its declaration by notification addressed to the Director
General.
Article 34
[Closing of Certain Earlier
Provisions: 1. Of earlier Acts; 2. Of the Protocol to the Stockholm Act]
(1) Subject to Article 29bis no
country may ratify or accede to earlier Acts of this Convention once
Articles 1 to 21 and the Appendix have entered into force.
(2) Once Articles 1 to 21 and the Appendix have entered into force, no country
may make a declaration
under Article 5 of the Protocol Regarding Developing Countries attached to the
Stockholm Act.
Article 35
[Duration of the Convention;
Denunciation: 1. Unlimited duration; 2. Possibility of denunciation;
3. Effective date of denunciation;
4. Moratorium on denunciation]
(1) This Convention shall remain in force without limitation as to time.
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(2) Any country may denounce this Act
by notification addressed to the Director General. Such
denunciation shall constitute also denunciation of all earlier Acts and shall
affect only the country making it,
the Convention remaining in full force and effect as regards the other
countries of the Union.
(3) Denunciation shall take effect one year after the day on which the Director
General has received the
notification.
(4) The right of denunciation provided by this Article shall not be exercised
by any country before the
expiration of five years from the date upon which it becomes a member of the
Union.
Article 36
[Application of the Convention: 1.
Obligation to adopt the necessary measures; 2. Time from which
obligation exists]
(1) Any country party to this
Convention undertakes to adopt, in accordance with its constitution, the
measures necessary to ensure the application of this Convention.
(2) It is understood that, at the time a country becomes bound by this
Convention, it will be in a position
under its domestic law to give effect to the provisions of this Convention.
Article 37
[Final Clauses: 1. Languages of the
Act; 2. Signature; 3. Certified copies; 4. Registration; 5. Notifications]
(1)
(a) This Act shall be signed in a single copy in the French and English
languages and, subject to
paragraph (2), shall be deposited with the Director General.
(b) Official texts shall be established by the Director General, after
consultation with the interested
Governments, in the Arabic, German, Italian, Portuguese and Spanish languages,
and such other languages
as the Assembly may designate.
(c) In case of differences of opinion on the interpretation of the various
texts, the French text shall
prevail.
(2) This Act shall remain open for signature until January 31, 1972. Until that
date, the copy referred to in
paragraph (1)(a) shall be deposited with the Government of the French Republic.
(3) The Director General shall certify and transmit two copies of the signed
text of this Act to the
Governments of all countries of the Union and, on request, to the Government of
any other country.
(4) The Director General shall register this Act with the Secretariat of the
United Nations.
(5) The Director General shall notify the Governments of all countries of the
Union of signatures,
deposits of instruments of ratification or accession and any declarations
included in such instruments or
made pursuant to Articles 28(1)(c), 30(2)(a) and (b), and 33(2), entry into
force of any provisions of this
Act, notifications of denunciation, and notifications pursuant to Articles
30(2)(c), 31(1) and (2), 33(3), and
38(1), as well as the Appendix.
Article 38
[Transitory Provisions: 1. Exercise
of the “five-year privilege”; 2. Bureau of the Union, Director of the
Bureau; 3. Succession of Bureau of the Union]
(1) Countries of the Union which
have not ratified or acceded to this Act and which are not bound by
Articles 22 to 26 of the Stockholm Act of this Convention may, until April 26,
1975, exercise, if they so
desire, the rights provided under the said Articles as if they were bound by
them. Any country desiring to
exercise such rights shall give written notification to this effect to the
Director General; this notification
shall be effective on the date of its receipt. Such countries shall be deemed
to be members of the Assembly
until the said date.
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(2) As long as all the countries of
the Union have not become Members of the Organization, the
International Bureau of the Organization shall also function as the Bureau of
the Union, and the Director
General as the Director of the said Bureau.
(3) Once all the countries of the Union have become Members of the
Organization, the rights,
obligations, and property, of the Bureau of the Union shall devolve on the
International Bureau of the
Organization.
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APPENDIX
[SPECIAL PROVISIONS REGARDING
DEVELOPING COUNTRIES]
Article I
[Faculties Open to Developing
Countries: 1. Availability of certain faculties; declaration: 2. Duration of
effect of declaration, 3. Cessation of developing country status; 4. Existing
stocks of copies; 5. Declarations
concerning certain territories; 6. Limits of reciprocity]
(1) Any country regarded as a
developing country in conformity with the established practice of the
General Assembly of the United Nations which ratifies or accedes to this Act,
of which this Appendix forms
an integral part, and which, having regard to its economic situation and its
social or cultural needs, does not
consider itself immediately in a position to make provision for the protection
of all the rights as provided for
in this Act, may, by a notification deposited with the Director General at the
time of depositing its
instrument of ratification or accession or, subject to Article V(1)(c), at any
time thereafter, declare that it
will avail itself of the faculty provided for in Article II, or of the faculty
provided for in Article III, or of
both of those faculties. It may, instead of availing itself of the faculty
provided for in Article II, make a
declaration according to Article V(1)(a).
(2)
(a) Any declaration under paragraph (1) notified before the expiration of the
period of ten years from
the entry into force of Articles 1 to 21 and this Appendix according to Article
28(2) shall be effective until
the expiration of the said period. Any such declaration may be renewed in whole
or in part for periods of ten
years each by a notification deposited with the Director General not more than
fifteen months and not less
than three months before the expiration of the ten-year period then running.
(b) Any declaration under paragraph (1) notified after the expiration of the
period of ten years from
the entry into force of Articles 1 to 21 and this Appendix according to Article
28(2) shall be effective until
the expiration of the ten-year period then running. Any such declaration may be
renewed as provided for in
the second sentence of subparagraph (a).
(3) Any country of the Union which has ceased to be regarded as a developing
country as referred to in
paragraph (1) shall no longer be entitled to renew its declaration as provided
in paragraph (2), and, whether
or not it formally withdraws its declaration, such country shall be precluded
from availing itself of the
faculties referred to in paragraph (1) from the expiration of the ten-year
period then running or from the
expiration of a period of three years after it has ceased to be regarded as a
developing country, whichever
period expires later.
(4) Where, at the time when the declaration made under paragraph (1) or (2)
ceases to be effective, there
are copies in stock which were made under a license granted by virtue of this
Appendix, such copies may
continue to be distributed until their stock is exhausted.
(5) Any country which is bound by the provisions of this Act and which has
deposited a declaration or a
notification in accordance with Article 31(1) with respect to the application
of this Act to a particular
territory, the situation of which can be regarded as analogous to that of the
countries referred to in
paragraph (1), may, in respect of such territory, make the declaration referred
to in paragraph (1) and the
notification of renewal referred to in paragraph (2). As long as such
declaration or notification remains in
effect, the provisions of this Appendix shall be applicable to the territory in
respect of which it was made.
(6)
(a) The fact that a country avails itself of any of the faculties referred to
in paragraph (1) does not
permit another country to give less protection to works of which the country of
origin is the former country
than it is obliged to grant under Articles 1 to 20.
(b) The right to apply reciprocal treatment provided for in Article 30(2)(b),
second sentence, shall not,
until the date on which the period applicable under Article I(3) expires, be
exercised in respect of works the
country of origin of which is a country which has made a declaration according
to Article V(1)(a).
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Article II
[Limitations on the Right of
Translation: 1. Licenses grantable by competent authority; 2. to 4. Conditions
allowing the grant of such licenses; 5. Purposes for which licenses may be
granted; 6. Termination of
licenses; 7. Works composed mainly of illustrations;
8. Works withdrawn from circulation; 9. Licenses for broadcasting
organizations]
(1) Any country which has declared that it will avail itself of the faculty
provided for in this Article shall
be entitled, so far as works published in printed or analogous forms of
reproduction are concerned, to
substitute for the exclusive right of translation provided for in Article 8 a
system of non-exclusive and nontransferable
licenses, granted by the competent authority under the following conditions and
subject to
Article IV.
(2)
(a) Subject to paragraph (3), if, after the expiration of a period of three
years, or of any longer period
determined by the national legislation of the said country, commencing on the
date of the first publication of
the work, a translation of such work has not been published in a language in
general use in that country by
the owner of the right of translation, or with his authorization, any national
of such country may obtain a
license to make a translation of the work in the said language and publish the
translation in printed or
analogous forms of reproduction.
(b) A license under the conditions provided for in this Article may also be
granted if all the editions of
the translation published in the language concerned are out of print.
(3)
(a) In the case of translations into a language which is not in general use in
one or more developed
countries which are members of the Union, a period of one year shall be
substituted for the period of three
years referred to in paragraph (2)(a).
(b) Any country referred to in paragraph (1) may, with the unanimous agreement
of the developed
countries which are members of the Union and in which the same language is in
general use, substitute, in
the case of translations into that language, for the period of three years
referred to in paragraph (2)(a) a
shorter period as determined by such agreement but not less than one year.
However, the provisions of the
foregoing sentence shall not apply where the language in question is English,
French or Spanish. The
Director General shall be notified of any such agreement by the Governments
which have concluded it.
(4)
(a) No license obtainable after three years shall be granted under this Article
until a further period of
six months has elapsed, and no license obtainable after one year shall be
granted under this Article until a
further period of nine months has elapsed
(i) from the date on which the applicant complies with the requirements
mentioned in
Article IV(1), or
(ii) where the identity or the address of the owner of the right of translation
is unknown, from the
date on which the applicant sends, as provided for in Article IV(2), copies of
his application
submitted to the authority competent to grant the license.
(b) If, during the said period of six or nine months, a translation in the
language in respect of which
the application was made is published by the owner of the right of translation
or with his authorization, no
license under this Article shall be granted.
(5) Any license under this Article shall be granted only for the purpose of
teaching, scholarship or
research.
(6) If a translation of a work is published by the owner of the right of
translation or with his authorization
at a price reasonably related to that normally charged in the country for comparable
works, any license
granted under this Article shall terminate if such translation is in the same
language and with substantially
the same content as the translation published under the license. Any copies
already made before the license
terminates may continue to be distributed until their stock is exhausted.
(7) For works which are composed mainly of illustrations, a license to make and
publish a translation of
the text and to reproduce and publish the illustrations may be granted only if
the conditions of Article III are
also fulfilled.
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(8) No license shall be granted
under this Article when the author has withdrawn from circulation all
copies of his work.
(9)
(a) A license to make a translation of a work which has been published in
printed or analogous forms
of reproduction may also be granted to any broadcasting organization having its
headquarters in a country
referred to in paragraph (1), upon an application made to the competent
authority of that country by the said
organization, provided that all of the following conditions are met:
(i) the translation is made from a copy made and acquired in accordance with
the laws of the said
country;
(ii) the translation is only for use in broadcasts intended exclusively for
teaching or for the
dissemination of the results of specialized technical or scientific research to
experts in a
particular profession;
(iii) the translation is used exclusively for the purposes referred to in
condition (ii) through
broadcasts made lawfully and intended for recipients on the territory of the
said country,
including broadcasts made through the medium of sound or visual recordings
lawfully and
exclusively made for the purpose of such broadcasts;
(iv) all uses made of the translation are without any commercial purpose.
(b) Sound or visual recordings of a translation which was made by a
broadcasting organization under
a license granted by virtue of this paragraph may, for the purposes and subject
to the conditions referred to
in subparagraph (a) and with the agreement of that organization, also be used
by any other broadcasting
organization having its headquarters in the country whose competent authority
granted the license in
question.
(c) Provided that all of the criteria and conditions set out in subparagraph
(a) are met, a license may
also be granted to a broadcasting organization to translate any text
incorporated in an audio-visual fixation
where such fixation was itself prepared and published for the sole purpose of
being used in connection with
systematic instructional activities.
(d) Subject to subparagraphs (a) to (c), the provisions of the preceding
paragraphs shall apply to the
grant and exercise of any license granted under this paragraph.
Article III
[Limitation on the Right of
Reproduction: 1. Licenses grantable by competent authority; 2. to 5. Conditions
allowing the grant of such licenses; 6. Termination of licenses; 7. Works to
which this Article applies]
(1) Any country which has declared
that it will avail itself of the faculty provided for in this Article shall
be entitled to substitute for the exclusive right of reproduction provided for
in Article 9 a system of non-
exclusive and non-transferable licenses, granted by the competent authority
under the following conditions
and subject to Article IV.
(2)
(a) If, in relation to a work to which this Article applies by virtue of
paragraph (7), after the expiration
of
(i) the relevant period specified in paragraph (3), commencing on the date of
first publication of a
particular edition of the work, or
(ii) any longer period determined by national legislation of the country
referred to in paragraph (1),
commencing on the same date,
copies of such edition have not been distributed in that country to the general
public or in connection
with systematic instructional activities, by the owner of the right of
reproduction or with his
authorization, at a price reasonably related to that normally charged in the
country for comparable
works, any national of such country may obtain a license to reproduce and
publish such edition at that
or a lower price for use in connection with systematic instructional
activities.
(b) A license to reproduce and
publish an edition which has been distributed as described in
subparagraph (a) may also be granted under the conditions provided for in this
Article if, after the expiration
of the applicable period, no authorized copies of that edition have been on
sale for a period of six months in
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the country concerned to the
general public or in connection with systematic instructional activities at a
price reasonably related to that normally charged in the country for comparable
works.
(3) The period referred to in
paragraph (2)(a)(i) shall be five years, except that
(i) for works of the natural and physical sciences, including mathematics, and
of technology, the
period shall be three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the
period shall be seven
years.
(4)
(a) No license obtainable after three years shall be granted under this Article
until a period of six
months has elapsed
(i) from the date on which the applicant complies with the requirements
mentioned in
Article IV(1), or
(ii) where the identity or the address of the owner of the right of
reproduction is unknown, from the
date on which the applicant sends, as provided for in Article IV(2), copies of
his application
submitted to the authority competent to grant the license.
(b) Where licenses are obtainable after other periods and Article IV(2) is
applicable, no license shall
be granted until a period of three months has elapsed from the date of the
dispatch of the copies of the
application.
(c) If, during the period of six or three months referred to in subparagraphs
(a) and (b), a distribution
as described in paragraph (2)(a) has taken place, no license shall be granted
under this Article.
(d) No license shall be granted if the author has withdrawn from circulation
all copies of the edition
for the reproduction and publication of which the license has been applied for.
(5) A license to reproduce and publish a translation of a work shall not be
granted under this Article in
the following cases:
(i) where the translation was not published by the owner of the right of
translation or with his
authorization, or
(ii) where the translation is not in a language in general use in the country
in which the license is
applied for.
(6) If copies of an edition of a work are distributed in the country referred
to in paragraph (1) to the
general public or in connection with systematic instructional activities, by
the owner of the right of
reproduction or with his authorization, at a price reasonably related to that
normally charged in the country
for comparable works, any license granted under this Article shall terminate if
such edition is in the same
language and with substantially the same content as the edition which was
published under the said license.
Any copies already made before the license terminates may continue to be
distributed until their stock is
exhausted.
(7)
(a) Subject to subparagraph (b), the works to which this Article applies shall
be limited to works
published in printed or analogous forms of reproduction.
(b) This Article shall also apply to the reproduction in audio-visual form of
lawfully made audiovisual
fixations including any protected works incorporated therein and to the
translation of any
incorporated text into a language in general use in the country in which the
license is applied for, always
provided that the audio-visual fixations in question were prepared and
published for the sole purpose of
being used in connection with systematic instructional activities.
Article IV
[Provisions Common to Licenses
Under Articles II and III: 1 and 2. Procedure; 3. Indication of author and
title of work; 4. Exportation of copies; 5. Notice; 6. Compensation]
(1) A license under Article II or
Article III may be granted only if the applicant, in accordance with the
procedure of the country concerned, establishes either that he has requested,
and has been denied,
authorization by the owner of the right to make and publish the translation or
to reproduce and publish the
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edition, as the case may be, or
that, after due diligence on his part, he was unable to find the owner of the
right. At the same time as making the request, the applicant shall inform any
national or international
information center referred to in paragraph (2).
(2) If the owner of the right
cannot be found, the applicant for a license shall send, by registered airmail,
copies of his application, submitted to the authority competent to grant the
license, to the publisher whose
name appears on the work and to any national or international information
center which may have been
designated, in a notification to that effect deposited with the Director
General, by the Government of the
country in which the publisher is believed to have his principal place of
business.
(3) The name of the author shall be indicated on all copies of the translation
or reproduction published
under a license granted under Article II or Article III. The title of the work
shall appear on all such copies. In
the case of a translation, the original title of the work shall appear in any
case on all the said copies.
(4)
(a) No license granted under Article II or Article III shall extend to the
export of copies, and any such
license shall be valid only for publication of the translation or of the
reproduction, as the case may be, in the
territory of the country in which it has been applied for.
(b) For the purposes of subparagraph (a), the notion of export shall include
the sending of copies from
any territory to the country which, in respect of that territory, has made a
declaration under Article I(5).
(c) Where a governmental or other public entity of a country which has granted
a license to make a
translation under Article II into a language other than English, French or
Spanish sends copies of a
translation published under such license to another country, such sending of
copies shall not, for the
purposes of subparagraph (a), be considered to constitute export if all of the
following conditions are met:
(i) the recipients are individuals who are nationals of the country whose
competent authority has
granted the license, or organizations grouping such individuals;
(ii) the copies are to be used only for the purpose of teaching, scholarship or
research;
(iii) the sending of the copies and their subsequent distribution to recipients
is without any
commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the country
whose competent
authority has granted the license to allow the receipt, or distribution, or
both, and the Director
General has been notified of the agreement by the Government of the country in
which the
license has been granted.
(5) All copies published under a license granted by virtue of Article II or
Article III shall bear a notice in
the appropriate language stating that the copies are available for distribution
only in the country or territory
to which the said license applies.
(6)
(a) Due provision shall be made at the national level to ensure
(i) that the license provides, in favour of the owner of the right of
translation or of reproduction, as
the case may be, for just compensation that is consistent with standards of
royalties normally
operating on licenses freely negotiated between persons in the two countries
concerned, and
(ii) payment and transmittal of the compensation: should national currency
regulations intervene,
the competent authority shall make all efforts, by the use of international
machinery, to ensure
transmittal in internationally convertible currency or its equivalent.
(b) Due provision shall be made by national legislation to ensure a correct
translation of the
work, or an accurate reproduction of the particular edition, as the case may
be.
Article V
[Alternative Possibility for
Limitation of the Right of Translation: 1. Regime provided for under the 1886
and 1896 Acts; 2. No possibility of change to regime under Article II; 3. Time
limit for choosing the
alternative possibility]
(1)
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Legislative Texts
(a) Any country entitled to make a
declaration that it will avail itself of the faculty provided for in
Article II may, instead, at the time of ratifying or acceding to this Act:
(i) if it is a country to which Article 30(2)(a) applies, make a declaration
under that provision as
far as the right of translation is concerned;
(ii) if it is a country to which Article 30(2)(a) does not apply, and even if
it is not a country outside
the Union, make a declaration as provided for in Article 30(2)(b), first
sentence.
(b) In the case of a country which ceases to be regarded as a developing
country as referred to in
Article I(1), a declaration made according to this paragraph shall be effective
until the date on which the
period applicable under Article I(3) expires.
(c) Any country which has made a declaration according to this paragraph may
not subsequently avail
itself of the faculty provided for in Article II even if it withdraws the said
declaration.
(2) Subject to paragraph (3), any country which has availed itself of the
faculty provided for in Article II
may not subsequently make a declaration according to paragraph (1).
(3) Any country which has ceased to be regarded as a developing country as
referred to in Article I(1)
may, not later than two years prior to the expiration of the period applicable
under Article I(3), make a
declaration to the effect provided for in Article 30(2)(b), first sentence,
notwithstanding the fact that it is not
a country outside the Union. Such declaration shall take effect at the date on
which the period applicable
under Article I(3) expires.
Article VI
[Possibilities of applying, or
admitting the application of, certain provisions of the Appendix before
becoming bound by it: 1. Declaration; 2. Depository and effective date of
declaration]
(1) Any country of the Union may
declare, as from the date of this Act, and at any time before becoming
bound by Articles 1 to 21 and this Appendix:
(i) if it is a country which, were it bound by Articles 1 to 21 and this
Appendix, would be entitled
to avail itself of the faculties referred to in Article I(1), that it will
apply the provisions of
Article II or of Article III or of both to works whose country of origin is a
country which,
pursuant to (ii) below, admits the application of those Articles to such works,
or which is bound
by Articles 1 to 21 and this Appendix; such declaration may, instead of
referring to Article II,
refer to Article V;
(ii) that it admits the application of this Appendix to works of which it is
the country of origin by
countries which have made a declaration under (i) above or a notification under
Article I.
(2) Any declaration made under paragraph (1) shall be in writing and shall be
deposited with the Director
General. The declaration shall become effective from the date of its deposit.
