U.N.T.S. No. 11850, vol. 828, pp. 221-293



BERNE CONVENTION

FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS

OF SEPTEMBER 9, 1886,

COMPLETED AT PARIS ON MAY 4, 1896, REVISED AT BERLIN ON NOVEMBER 13, 1908,

COMPLETED AT BERNE ON MARCH 20, 1914, REVISED AT ROME ON JUNE 2, 1928,

REVISED AT BRUSSELS ON JUNE 26, 1948,

AND REVISED AT STOCKHOLM ON JULY 14, 1967; and

PROTOCOL REGARDING DEVELOPING COUNTRIES

ENTRY INTO FORCE: 29 January/26 February 1970



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,

Have resolved to revise and to complete the Act signed at Berne on

September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on

November 13, 1908, completed at Berne on March 20, 1914, revised at Rome on

June 2, 1928, and revised at Brussels on June 26, 1948.

Consequently, the undersigned Plenipotentiaries, having presented their

full powers, recognized as in good and due form, have agreed as follows:

Article 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

(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 dramatico-musical 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 ssimilated

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.

(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 thi Convention shall not apply to news of the day

nor to miscellaneous facts having the character of mere items of press

information.

Article 2bis

(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

(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 reitation 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.

Article 4

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

(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 ase 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

(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.

(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) Te 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

(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

(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 availableto 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 1 st of January of the year following the

death or such event.

(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 legislationof 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

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

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

(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

(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 soun

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.

Article 10bis

(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

(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

(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.

Article 11ter

(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 sam rights with respect to translations

thereof.

Article 12

Authors of literary or artistic works shall enjoy the exclusive right of

authorizing adaptations, arrangements and other alterations of their works.

Article 13

(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 Convention 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

(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 he 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.

Article 14bis

(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 communcated 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, nor 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

(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.

Article 15

(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 orbody 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 be 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 who 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

(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

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, presntation, or

exhibition of any work or production in regard to which the competent

authority may find it necessary to exercise that right.

Article 18

(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.

(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

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

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

(1) Special provisions regarding developing countries are included in a

protocol entitled "Protocol Regarding Developing Countries."

(2) Subject to the provisions of Article 28 (1) (b) (i) and (c), the

Protoco Regarding Developing Countries forms an integral part of the

present Act.

Article 22

(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;

(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 triennial 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 is 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 dlegate 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 third 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.

Article 23

(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) Eah 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 re-election 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 triennial budget of the Union, prepared by the Director General;

(iii) approve, within the limits of the program and the triennial

budget, the specific yearly budgets and programs prepared by the

Director General;

(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.

(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

(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 concern

ing 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

(1) (a) The Union shall have a budget.

(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 he 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.

(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 desinated, with their agreement, by

the Assembly.

Article 26

(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

(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 Convention, including the Protocol

Regarding Developing Countries, shall require the unanimity of the votes

cast.

Article 28

(1) (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 and 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:

(i) to Articles 1 to 21 and the Protocol Regarding Developing

Countries, or

(ii) to Articles 22 to 26.

(c) If a country of the Union has already separately accepted the

Protocol Regarding Developing Countries in accordance with Article 5

of such Protocol, its declaration under item (i) of the preceding

subparagraph may relate only to Articles 1 to 20.

(d) Any country of the Union which, in accordance with subparagraphs (b)

and (c), has excluded from the effects of its ratification or

accession one of the two groups of provisions referred to in those

subparagraphs may at any later time declare that it extends the

effects of its ratification or accession to that group of provisions.

Such declaration shall be deposited with the Director General.

(2) (a) Subject to the provisions of Article 5 of the Protocol Regarding

Developing Countries, Articles 1 to 21 and the said Protocol shall

enter into force, with respect to the first five countries of the

Union which have deposited instruments of ratification or accession

without making the declaration permitted by paragraph (1) (b) (i),

three months after the deposit of the fifth such instrument of

ratification or accession.

(b) Articles 22 to 26 shall enter into force, with respect to the first

seven countries of the Union which have deposited instruments of

ratification or accession without making the declaration permitted by

paragraph (1) (b) (ii), three months after the deposit of the seventh

such instrument of ratification or accession. (c) Subject to the initial entry into force, pursuant to the provisions

of subparagraphs (a) and (b), of each of the two groups of provisions

referred to in paragraph (1) (b) (i) and (ii), and subject to the

provisions of paragraph (1) (b), Articles 1 to 26 and the Protocol

Regarding Developing Countries shall, with respect to any country of

the Union, other than those referred to in subparagraphs (a) and (b),

which deposits an instrument of ratification or accession or any

country of the Union which deposits a declaration pursuant to

paragraph (1) (d), enter into force three months after the date of

notification by the Director General of such deposit, unless a

subsequent date has been indicated in the instrument or declaration

deposited. In the latter case, this Act shall enter into force with

respect to that country on the date thus indicated.

(d) The Protocol Regarding Developing Countries may be applied, pursuant

to Article 5 thereof, prior to the entry into force of this Act, from

the date of its signature.

(3) With respect to any country of the Union which deposits an instrument

of ratification or accession, Articles 27 to 38 shall enter into force on

the earlier of the dates on which any of the groups of provisions referred

to in paragraph (1) (b) enters into force with respect to that country

pursuant to paragraph (2) (a), (b) or (c).

Article 29

(1) Any country outside the Union may accede to this Act and thereby become

a member of the Union. Instruments of accession shall be deposited with the

Director General.

(2) (a) With respect to any country outside the Union which deposits its

instrument of accession one month or more before the date of entry

into force of any provisions of the present Act, this Act shall enter

into force, unless a subsequent date has been indicated in the

instrument of accession, on the date upon which provisions first

enter ino force pursuant to Article 28 (2) (a) or (b); provided

that:

(i) if Articles 1 to 21 do not enter into force on that date, such

country shall, during the interim period before the entry into force

of such provisions, and in substitution therefor, be bound by

Articles 1 to 20 of the Brussels Act;

(ii) if Articles 22 to 26 do not enter into force on that date, such

country shall, during the interim period before the entry into force

of such provisions, and in substitution therefor, be bound by

Articles 21 to 24 of the Brussels Act.

If a country indicates a subsequent date in its instrument of

accession, this Act shall enter into force with respect to that

country on the date thus indicated.

(b) With respect to any country outside the Union which deposits its

instrument of accession on a date which is subsequent to, or precedes

by less than one month, the entry into force of one group of

provisions of the present Act, this Act shall, subject to the proviso

of subparagraph (a), enter into force three months after the date on

which its accession has been notified by the Director General, unless

a subsequent date has been indicated in the instrument of accession.

In the latter case, this Act shall enter into force with respect to

that country on the date thus indicated.

(3) With respect to any country outside the Union which deposits its

instrument of accession after the date of entry into force of the present

Act in its entirety, or less than one month before such date, this Act

shall enter into force three months after the date on which its accession

has been notified by the Director General, unless a subsequent date has

been indicated in the instrument of accession. In the latter case, this Act

shall enter into force with respect to that country on the date thus

indicated.

Article 30

(1) Subject to the possibilities of exceptions provided for in the

following aragraph, in Articles 28 (1) (b) and 33 (2), and in the Protocol

Regarding Developing Countries, ratification or accession shall

automatically entail acceptance of all the clauses and admission to all the

advantages of this Act.

(2) (a) Any country of the Union ratifying or acceding to this Act may

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, in acceding to this Act, declare

that it intends to substitute, temporarily at least, for Article 8

concerning the right of translation, the provisions of Article 5 of

the Union Convention of 1886, as revised in Paris in 1896, on the

clear understanding that the said provisions are applicable only to

translation into the language or languages of the said country. Any

country of the Union 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

(1) Any country may declare in its instrument of ratification or accession,

or may inform the Director General by written notification 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 rtification or accession in which it was included,

and any notification given under such 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.

Article 32

(1) The present Act shall, as regards the 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 the present 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 the provisions of paragraph (3), apply it with respect to any

country of the Union not party to this Act or which, although party to this

Act, has made a declaration pursuant to Article 28 (1) (b) (i). 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 to which it is

party, and

(ii) has the right to adapt the protection to the level provided for

by this Act.

(3) Any country which, in ratifying or acceding to the present Act, has

made any or all of the reservations permitted under the Protocol Regarding

Developing Countries may apply them in its relations with other countries

of the Union which are not party to this Act or which, although party to

this Act, have made a declaration as permitted by Article 28 (1) (b) (i),

provided that the latter countries have accepted the application of the

said reservations.

Article 33

(1) Any dispute between two or more countries of the Union concerning the

interpretation or application of this Convention, not settled by

negotiation, my, 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 instrum

ent 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

After the entry into force of this Act in its entirety, a country may not

accede to earlier Acts of this Convention.

Article 35

(1) This Convention shall remain in force without limitation as to time.

(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 exercis

ed by any country before the expiration of five years from the date upon

which it becomes a member of the Union.

Article 36

(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 uderstood that, at the time a country deposits its instrument of

ratification or accession, it will be in a position under its domestic law

to give effect to the provisions of this Convention.

Article 37

(1) (a) This Act shall be signed in a single copy in the French and

English languages and shall be deposited with the Government of

Sweden.

(b) Official texts shall be established by the Director General, after

consultation with the interested Governments, in the 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 at Stockholm until January 13,

1968.

(3) The Director General shall transmit two copies, certified by the

Government of Sweden, 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 accessi

on and any declarations included in such instruments or made pursuant to

Article 28 (1) (d), entry into force of any provisions of this Act, notific

ations of denunciation, and notifications pursuant to Article 31.

Article 38

(1) Until the first Director General assumes office, references in this Act

to the International Bureau of the Organization or to the Director General

shall be deemed to be references to the Bureau of the Union or its

Director, respectively.

(2) Countries of the Union not bound by Articles 22 to 26 may, until five

years after the entry into force of the Convention establishing the Organiz

ation, exercise, if they so desire, the rights provided under Articles 22

to 2 of this Act as if they were bound by those Articles. 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 expiration of the said period.

(3) 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.

(4) 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.











PROTOCOL REGARDING DEVELOPING COUNTRIES

Article 1

Any country regarded as a developing country in conformity with the establi

shed practice of the General Assembly of the United Nations which ratifies

or accedes to the Act of this Convention of which this Protocol 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 positio

n to make provision for the protection of all the rights as provided in the

Act may, by a notification deposited with the Director General, at the time

of making a ratification or accession, which includes Article 21 of the

Act, declare that it will, for a period of the first ten years during which

it is a party thereto, avail itself of any or all of the following

reservations:

(a) substitute for the term of fifty years referred to in paragraphs (1),

(2) and (3) of Article 7 of this Convention a different term,

provided that it shall not be less than twenty-five years; and

substitute for the term of twenty-five years referred to in paragraph

(4) of the said Article a different term, provided that it shall not

be less than ten years; (b) substitute for Article 8 of this Convention the following provisions:

(i) authors of literary and artistic works protected by this

Convention shall enjoy in countries other than the country of origin

of their works 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. Nevertheless, the exclusive right of

translation shall cease to exist if the author shall not have availed

himself of it, during a term of ten years from the date of the first

publication of the original work, by publishing or causing to be

published, in one of the countries of the Union, a translation in the

language for which protection is to be claimed;

(ii) if, after the expiration of a period of three years from the

date of the first publication of a literary or artistic work, or of

any longer period determined by national legislation of the

developing country concerned, a translation of such work has not been

published in that country into the national or official or regional

language or languages of that country by the owner of the right of

translation or with his authorization, any national of such country

may obtain a non-exclusive license from the competent authority to

translate the work and publish the work so translated in any of the

national or official or regional languages in which it has not been

published; provided that such national, in accordance with the

procedure of the country concerned, establishes either that he has

requested, and been denied, authorization by the proprietor of the

right to make and publish the translation, or that, after due

diligence on his part, he was unable to find the owner of the right.

A license may also be granted on the same conditions if all previous

editions of a translation in such language in that country are out of

print;

(iii) if the owner of the right of translation cannot be found, then

the applicant for a license shall send copies of his application to

the publisher whose name appears on the work and, if the nationality

of the owner of the right of translation is known, to the diplomatic

or consular representative of the country of which such owner is a

national, or to the organization which may have been designated by

the Government of that country. The license shall not be granted

before the expiration of a period of two months from the date of the

dispatch of the copies of the application;

(iv) due provision shall be made by domestic legislation to assure to

the owner of the right of translation a just compensation, to assure

payment and transmittal of such compensation, subject to national

currency regulations, and to assure a correct translation of the

work;

(v) the original title and the name of the author of the work shall

be printed on all copies of the published translation. The license

shall be valid only for publication of the translation in the

territory of the country of the Union where it has been applied for.

Copies so published may be imported and sold in another country of

the Union if one of the national or official or regional languages of

such other country is the same language as that into which the work

has been so translated, and if the domestic law in such other country

makes provision for such licenses and does not prohibit such

importation and sale. Where the foregoing conditions do not exist,

the importation and sale of such copies in a country of the Union

shall be governed by its domestic law and its agreements. The license

shall not be transferable by the licensee;

(vi) the license shall not be granted when the author has withdrawn

from circulation all copies of the work;

(vii) should, however, the author avail himself of he right under

subparagraph (i) above during the term of ten years from the date of

first publication, the license shall terminate from the date on which

the author publishes or causes to be published his translation in the

country where the license has been granted, provided, however, that

any copies of the translation already made before the license is

terminated may continue to be sold;

(viii) should, however, the author not avail himself of the right

under subparagraph (i) above during the said term of ten years,

compensation under the non-exclusive license referred to above shall

cease to be due for any uses made after the expiry of such term;

(ix) should the author be entitled to exclusive translation rights in

a country by having published or caused to be published a translation

of the work in that country within ten years from the date of first

publication, but should thereafter during the term of the author's

copyright in the work all editions of the authorized translation in

that country be out of print, then a non-exclusive license to

translate the work may be obtained from the competent authority in

the same manner and subject to the same conditions as are provided

with respect to the non-exclusive license referred to in

subparagraphs (ii) to (vi) above, but subject to the provisions of

subparagraph (vii) above;

(c) apply the provisions of Article 9 (1) of this Convention subject to

the following provisions:

(i) if, after the expiration of a period of three years from the date

of the first publication of a literary or artistic work, or of any

longer period determined by national legislation of the developing

country concerned, such work has not been published in that country

in the original form in which it was created, by the owner of the

right of reproduction or with his authorization, any national of such

country may obtain non-exclusive license from the competent

authority to reproduce and publish such work for educational or

cultural purposes; provided that such national, in accordance with

the procedure of the country concerned, establishes either that he

has requested, and been denied, authorization by the proprietor of

the right to reproduce and publish such work for educational or

cultural purposes, or that, after due diligence on his part, he was

unable to find the owner of the right. A license may also be granted

on the same conditions if all previous editions of such work in its

said original form in that country are out of print;

(ii) if the owner of the right of reproduction cannot be found, then

the applicant for a license shall send copies of his application to

the publisher whose name appears on the work and, if the nationality

of the owner of the right of reproduction is known, to the diplomatic

or consular representative of the country of which such owner is a

national, or to the organization which may have been designated by

the Government of that country. The license shall not be granted

before the expiration of a period of two months from the date of the

dispatch of the copies of the application;

(iii) due provision shall be made by domestic legislation to assure

to the owner of the right of reproduction a just compensation, to

assure payment and transmittal of such compensation, subject to

national currency regulations, and to assure an accurate reproduction

of the work;

(iv) the original title and the name of the author of the work shall

be printed on all copies of the published reproduction. The license

shall be valid only for publication in the territory of the country

of the Union where it has been applied for. Copies so published may

be imported and sold in another country of the Union for educational

or cultural purposes if the domestc law in such other country makes

provision for such licenses and does not prohibit such importation

and sale. Where the foregoing conditions do not exist, the

importation and sale of such copies in a country of the Union shall

be governed by its domestic law and its agreements. The license shall

not be transferable by the licensee;

(v) the license shall not be granted when the author has withdrawn

from circulation all copies of the work;

(vi) should, however, the author avail himself of the right to

reproduce the work, the license shall terminate from the date on

which the author publishes or causes to be published his work in its

said original form in the country where the license has been granted,

provided, however, that any copies of the work already made before

the license is terminated may continue to be sold;

(vii) should the author publish or cause to be published his work in

its said original form in a country, but should thereafter during the

term of the author' s copyright in the work all authorized editions

in such original form in that country be out of print, then a

nonexclusive license to reproduce and publish the work may be

obtained from the competent authority in the same manner and subject

to the same conditions as are provided with respect to the

non-exclusive license referred to in subparagraphs (i) to (v) above,

but subject to the provisions of subparagraph (vi) above;

(d) substitute for paragraphs (1) and (2) of Article 11bis of this

Convention the following provisions:

(i) authors of literary and artistic works shall enjoy the exclusive

right of authorizing the broadcasting of their works and the

communication to the public of the broadcast of the works if such

communication is made for profit-making purposes;

(ii) the national legislations of the countries of the Union may

regulate the conditions under which the riht mentioned in the

preceding subparagraph shall be exercised, but the effect of those

conditions will be strictly limited to the countries which have put

them in force. Such conditions shall not in any case prejudice the

moral rights of the author, nor the right which belongs to the author

to obtain an equitable remuneration which shall be fixed, failing

agreement, by the competent authority;

(e) reserve the right, exclusively for teaching, study and research in

all fields of education, to restrict the protection of literary and

artistic works, provided due provision shall be made by domestic

legislation to assure to the author a compensation which conforms to

standards of payment made to national authors; the payment and

transmittal of such compensation shall be subject to national

currency regulations. Copies of a work published pursuant to

reservations under this paragraph may be imported and sold in another

country of the Union for purposes as aforesaid if that country has

invoked the said reservations and does not prohibit such importation

and sale. Where the foregoing conditions do not exist, the

importation and sale of such copies in a country of the Union which

cannot take advantage of this Protocol are prohibited in the absence

of agreement of the author or his successor in title.

Article 2

Any country which no longer needs to maintain any or all of the

reservations made in accordance with Article 1 of this Protocol shall

withdraw such reservation or reservations by notification deposited with

the Director General.

Article 3

Any country which has made reservations in accordance with Article 1 of

this Protocol, and which at the end of the period of ten years prescribed

therein, having regard to its economic situation and its social or cultural

needs, still does not consider itself in a position to withdraw the reserva

tions uner the said Article 1, may continue to maintain any or all of the

reservations until it ratifies or accedes to the Act adopted by the next

revision conference of this Convention.

Article 4

If, in conformity with the established practice of the General Assembly of

the United Nations, a country should cease to be regarded as a developing

country, the Director General shall give notification of such cessation to

the country concerned and to all of the other countries of the Union. At

the expiry of a period of six years from the date of such notification the

said country shall no longer have the right to maintain any of the

reservations under this Protocol.

Article 5

(1) Any country of the Union may declare, as from the signature of this

Convention, and at any time before becoming bound b~ Articles 1 to 21 of

this Convention and by this Protocol,

(a) in the case of a country referred to in Article 1 of this Protocol,

that it intends to apply the provisions of this Protocol to works

whose country of origin is a country of the Union which admits the

application of the reservation under the Protocol, or

(b) that it admits the application of the provisions of the Protocol to

works of which it is the country of origin by countries which, on

becoming bound by Articles 1 to 21 of this Convention and by this

Protocol, or on making a declaration of application of this Protocol

by virtue of the provision of subparagraph (a), have made

reservations permitted under this Protocol.

(2) The declaration shall be made in writing and shall be deposited with

the Director General. The declaration shall become effective from the date

it is deposited.

Article 6

Any country which is bound by the provisions of this Protocol and which has

made a declaration or notification under Article 31 (1) of this Convention

in respect of territories which, on the date of the signature of this

Convention, re not responsible for their external relations, and the

situation of which can be regarded as analogous to that of the countries

referred to in Article 1 of this Protocol, may notify the Director General

that the provisions of this Protocol shall apply to all or part of those

territories and may in such notification declare that any such territory

will avail itself of any or all of the reservations permitted by this

Protocol.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have

signed this Act.

DONE at Stockholm, on July 14, 1967.