BH006-1971.txt

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, AND REVISED AT ROME ON JUNE 2, 1928,

AT BRUSSELS ON JUNE 26, 1948, AT STOCKHOLM ON JULY 14, 1967,

AND AT PARIS ON JULY 24, 1971;

and amended on October 2, 1979



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

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 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.

(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

(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 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.

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 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

(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) 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

(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 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 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 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

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 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.

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 same 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 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.

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 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, 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 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 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, 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

(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 the

Appendix.

(2) Subject to the provisions of Article 28(1)(b), the Appendix forms an

integral part of this 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 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 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) 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 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

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

(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 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.

(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

(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 Act, including the Appendix,

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 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 sub-paragraph

(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 sub-paragraph (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

sub-paragraph (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 sub-paragraphs (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

(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 sub-paragraph (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 sub-paragraph (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.

Article 29bis

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

(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

(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).

Article 32

(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

(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

(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

(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

exercised 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 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

(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

(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.

(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.



APPENDIX

Article I

(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 15 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 sub-paragraph (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).

Article II

(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 non-transferable 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 licence. Any copies already made before the license

terminated 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.

(8) No licence 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

(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 sub-paragraph (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 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

sub-paragraphs (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 sub-paragraph (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 audio-visual 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

(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 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 sub-paragraph (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 sub-paragraph (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 favor 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

(1) (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

(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.

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

signed this Act.

DONE at Paris on July 24, 1971.

.