BERNE CONVENTION (베른협약)


BERNE CONVENTION

at PARIS on Jul. 24, 1971; and amended on Oct. 2, 1979


BERNE CONVENTIONFOR 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 RE VISED AT ROME ON JUNE 2, 1928, AT BRUSSELS ON JUNE 26, 1948, AT STOCKHOLM ON JULY 14, 1967, AND AT PARIS ON JULY 24, 197 1;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 po ssible, the rights of authors in their literary and artistic works,Recognizing the importance of the work of the Revisio n Conference held at Stockholm in 1967,Have resolved to revise the Act adopted by the Stockholm Conference, while mainta ining 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 a nd artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lec tures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works a nd entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilat ed works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engrav ing 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 prot ected 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 off icial 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 th e 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 ope rate 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 an d models, as well as the conditions under which such works, designs and models shall be protected. Works protected in th e 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 tha t 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 protecti on 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 lec tures, addresses and other works of the same nature which are delivered in public may be reproduced by the press, broadc ast, communicated to the public by wire and made the subject of public communication as envisaged in Article 11bis (1) o f 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 prece ding paragraphs.

Article 3

(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 r easonable 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 bro adcasting 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 countr ies of the Union;

(b) authors of works of architecture, erected in a country of the Union or of other artistic works incorporated in a bu ilding 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 Un ion other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nati onals, 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 exerc ise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from t he provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to pr otect 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 r ights 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 simult aneously in several countries of the Union which grant different terms of protection, the country whose legislation gran ts 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 lat ter country;

(c) in the case of unpublished works or of works first published in a country outside the Union, without simultaneous p ublication 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 b uilding 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 o f one of the countries of the Union, the latter country may restrict the protection given to the works of authors who ar e, at the date of the first publication thereof, nationals of the other country and are not habitually resident in one o f the countries of the Union. If the country of first publication avails itself of this right, the other countries of th e 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 ac quired 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 Dir ector 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 sha ll 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 hav e the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or oth er 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 al l 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 th e 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 s hall 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 fift y 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 applica ble shall be that provided in paragraph (1). The countries of the Union shall not be required to protect anonymous or ps eudonymous 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 photograp hic works and that of works of applied art in so far as they are protected as artistic works; however, this term shall l ast 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 i n force at the time of signature of the present Act, shorter terms of protection than those provided for in the precedin g 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, unl ess the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origi n 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 t erms 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 au thorizing 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 t he 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 cert ain 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 pu rpose, 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 co ncluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works b y 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 th e source, and of the name of the author, if it appears thereon.

Article 10bis

(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which, fo r 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 wo rks, 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 image s, 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 righ ts mentioned in the preceding paragraph may be exercised, but these conditions shall apply only in the countries where t hey have been prescribed. They shall not in any circumstances be prejudicial to the moral rights of the author, nor to h is 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 sha ll not imply permission to record, by means of instruments recording sounds or images, the work broadcast. It shall, how ever, be a matter for legislation in the countries of the Union to determine the regulations for ephemeral recordings ma de by a broadcasting organization by means of its own facilities and used for its own broadcasts. The preservation of th ese 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 othe r 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 a uthor of a musical work and to the author of any words, the recording of which together with the musical work has alread y 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 a ny circumstances, be prejudicial to the rights of these authors to obtain equitable remuneration which, in the absence o f 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 sign ed at Rome on June 2, 1928, and at Brussels on June 26, 1948, may be reproduced in that country without the permission o f 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 r eproduced;

(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 au thorization 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 sh all be protected as an original work. The owner of copyright in a cinematographic work shall enjoy the same rights as th e 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 cinematogra phic work authors who have brought contributions to the making of the work, such authors, if they have undertaken to bri ng such contributions, may not, in the absence of any contrary or special stipulation, object to the reproduction, distr ibution, 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 preced ing subparagraph (b), be in a written agreement or a written act of the same effect shall be a matter for the legislatio n of the country where the maker of the cinematographic work has his headquarters or habitual residence. However, it sha ll be a matter for the legislation of the country of the Union where protection is claimed to provide that the said unde rtaking 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 a ll the other countries of the Union.

(d) By “contrary or special stipulation” is meant any restrictive condition which is relevant to the aforesai d undertaking.

(3) Unless the national legislation provides to the contrary, the provisions of paragraph (2) (b) above shall not be ap plicable 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 providin g for the application of the said paragraph (2) (b) to such director shall notify the Director General by means of a wri tten 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 i n 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 countri es 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 identit y.

(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 i n 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 pr esume 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 c ountries of the Union.

(b) Countries of the Union which make such designation under the terms of this provision shall notify the Director Gene ral by means of a written declaration giving full information concerning the authority thus designated. The Director Gen eral 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 prot ection.

(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 wor k 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 th e 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 effec t existing or to be concluded between countries of the Union. In the absence of such provisions, the respective countrie s 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 protecti on 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 whi ch 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 s o far as such agreements grant to authors more extensive rights than those granted by the Convention, or contain other p rovisions not contrary to this Convention. The provisions of existing agreements which satisfy these conditions shall re main 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, ad visors, 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 Conven tion;

(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 th e 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, an d 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 Organizatio n.

(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly s hall 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 decis ions 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 memb ers of the Assembly which were not represented and shall invite them to express in writing their vote or abstention with in a period of three months from the date of the communication. If, at the expiration of this period, the number of coun tries 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 sti ll obtains.

(d) Subject to the provisions of Article 26 (2) , the decisions of the Assembly shall require two thirds of the votes c ast.

(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 Gene ral and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assemb ly of the Organization.

(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of the Ex ecutive 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 Asse mbly. 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 a ssisted 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 countrie s 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 t o 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 member s 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 D irector General;

(iii) approve, within the limits of the program and the triennial budget, the specific yearly budgets and programs prep ared by the Director General;

(iv) submit, with appropriate comments, to the Assembly the periodical reports of the Director General and the yearly a udit reports on the accounts;

(v) in accordance with the decisions of the Assembly and having regard to circumstances arising between two ordinary se ssions 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, prefer ably 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 conti nuation of the Bureau of the Union united with the Bureau of the Union established by the International Convention for t he 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 countr y of the Union shall promptly communicate to the International Bureau all new laws and official texts concerning the pro tection 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 t he protection of copyright.

(5) The International Bureau shall conduct studies, and shall provide services, designed to facilitate the protection o f copyright.

(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all me etings of the Assembly, the Executive Committee, and any other committee of experts or working group. The Director Gener al, 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 Execu tive Committee, make the preparations for the conferences of revision of the provisions of the Convention other than Art icles 22 to 26.

(b) The International Bureau may consult with intergovernmental and international non-governmental organizations concer ning 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 a t 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 o f expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Or ganization.

(c) Expenses not attributable exclusively to the Union but also to one or more other Unions administered by the Organiz ation shall be considered as expenses common to the Unions. The share of the Union in such common expenses shall be in p roportion 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 o f 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 cl ass, 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 ratifica tion or accession, the class to which it wishes to belong. Any country may change class. If it chooses a lower class, th e country must announce it to the Assembly at one of its ordinary sessions. Any such change shall take effect at the beg inning 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 contribute d 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 cont ributing 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 Un ion of which it is a member if the amount of its arrears equals or exceeds the amount of the contributions due from it f or the preceding two full years. However, any organ of the Union may allow such a country to continue to exercise its vo te in that organ if, and as long as, it is satisfied that the delay in payment is due to exceptional and unavoidable cir cumstances.

(f) If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the b udget 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 s hall 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 headqua rters, 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, i n each case, between such country and the Organization. As long as it remains under the obligation to grant advances, su ch 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 obligati on to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in w hich 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 me mber of the Assembly, by the Executive Committee, or by the Director General. Such proposals shall be communicated by th e 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 th ree-fourths of the votes cast, provided that any amendment of Article 22 , and of the present paragraph, shall require f our fifths of the votes cast.

(3) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after written notificat ions of acceptance, effected in accordance with their respective constitutional processes, have been received by the Dir ector General from three fourths of the countries members of the Assembly at the time it adopted the amendment. Any amen dment 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 increasin g the financial obligations of countries of the Union shall bind only those countries which have notified their acceptan ce of such amendment.

Article 27

(1) This Convention shall be submitted to revision with a view to the introduction of amendments designed to improve th e system of the Union.

(2) For this purpose, conferences shall be held successively in one of the countries of the Union among the delegates o f 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. I nstruments 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 access ion shall not apply to Articles 1 to 21 and the Appendix, provided that, if such country has previously made a declarati on under Article VI(1 ) of the Appendix, then it may declare in the said instrument only that its ratification or access ion 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 f rom the effects of its ratification or accession may at any later time declare that it extends the effects of its ratifi cation 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 ar e fulfilled:

(i) at least five countries of the Union have ratified or acceded to this Act without making a declaration under paragr aph (1)(b),

(ii) France, Spain, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, have be come 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 t hree months before the said entry into force, have deposited instruments of ratification or accession not containing a d eclaration 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 mon ths 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 u nder paragraph (1)(b), Articles 22 to 38 shall enter into force three months after the date on which the Director Genera l has notified the deposit of the relevant instrument of ratification or accession, unless a subsequent date has been in dicated in the instrument deposited. In the latter case, Articles 22 to 38 shall enter into force with respect to that c ountry 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 th e 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, unles s 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 Ap pendix 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 Con vention shall, for the sole purposes of Article 14(2) of the Convention establishing the Organization, amount to ratific ation 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 Append ix, 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 t hat 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 work s whose country of origin is a country availing itself of such a reservation, a protection which is equivalent to the pr otection 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 writt en notification at any time thereafter, that this Convention shall be applicable to all or part of those territories, de signated 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 Ge neral 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 whi ch it was included, and any notification given under that paragraph shall take effect three months after its notificatio n by the Director General.

(b) Any notification given under paragraph (2) shall take effect twelve months after its receipt by the Director Genera l.

(4) This article shall in no way be understood as implying the recognition or tacit acceptance by a country of the Unio n 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 cont inue 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 t o any country of the Union not bound by this Act or which, although bound by this Act, has made a declaration pursuant t o 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 A ct.

(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 coun try of the Union which is not bound by this Act, provided that the latter country has accepted the application of the sa id provisions.

Article 33

(1) Any dispute between two or more countries of the Union concerning the interpretation or application of this Convent ion, not settled by negotiation, may, by any one of the countries concerned, be brought before the International Court o f 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 Inte rnational 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 th at 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 o f 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 consti tute 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 f ive 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 necessa ry 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 d omestic 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 instrume nts 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 notifi cations 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 unde r the said articles as if they were bound by them. Any country desiring to exercise such rights shall give written notif ication to this effect to the Director General; this notification shall be effective on the date of its receipt. Such co untries 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 Bu reau.

(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, hav ing 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 for in this Act, may, by a notification deposited w ith 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 p rovided 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 f orce of Articles 1 to 21 and this Appendix according to Article 28(2) shall be effective until the expiration of the sai d period. Any such declaration may be renewed in whole or in part for periods of ten years each by a notification deposi ted with the Director General not more than 15 months and not less than three months before the expiration of the ten-ye ar period then running.

(b) Any declaration under paragraph (1) notified after the expiration of the period of ten years from the entry into fo rce 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) sh all no longer be entitled to renew its declaration as provided in paragraph (2), and, whether or not it formally withdra ws its declaration, such country shall be precluded from availing itself of the faculties referred to in paragraph (1) f rom the expiration of the ten-year period then running or from the expiration of a period of three years after it has ce ased 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 un til 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 w hich can be regarded as analogous to that of the countries referred to in paragraph (1), may, in respect of such territo ry, make the declaration referred to in paragraph (1) and the notification of renewal referred to in paragraph (2). As l ong as such declaration or notification remains in effect, the provisions of this Appendix shall be applicable to the te rritory 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 gran t 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 da te 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 entit led, so far as works published in printed or analogous forms of reproduction are concerned, to substitute for the exclus ive right of translation provided for in Article 8 a system of non-exclusive and non-transferable licenses, granted by t he 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 b y the national legislation of the said country, commencing on the date of the first publication of the work, a translati on of such work has not been published in a language in general use in that country by the owner of the right of transla tion, 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 translat ion 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 ar e 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 mem bers of the Union and in which the same language is in general use, substitute, in the case of translations into that la nguage, for the period of three years referred to in paragraph (2)(a) a shorter period as determined by such agreement b ut not less than one year. However, the provisions of the foregoing sentence shall not apply where the language in quest ion 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 ha s elapsed, and no license obtainable after one year shall be granted under this Article until a further period of nine m onths 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 gr ant 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 pri ce reasonably related to that normally charged in the country for comparable works, any license granted under this Artic le shall terminate if such translation is in the same language and with substantially the same content as the translatio n published under the licence. Any copies already made before the license terminated may continue to be distributed unti l 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 t o 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 wor k.

(9)

(a) A license to make a translation of a work which has been published in printed or analogous forms of reproduction ma y also be granted to any broadcasting organization having its headquarters in a country referred to in paragraph (1), up on an application made to the competent authority of that country by the said organization, provided that all of the fol lowing 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 re sults 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 lawful ly and intended for recipients on the territory of the said country, including broadcasts made through the medium of sou nd 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 b y 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 c ountry 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 i tself 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 exerci se 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 entit led to substitute for the exclusive right of reproduction provided for in Article 9 a system of non-exclusive and non-tr ansferable 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 th e same date, copies of such edition have not been distributed in that country to the general public or in connection wit h systematic instructional activities, by the owner of the right of reproduction or with his authorization, at a price r easonably 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 instructi onal 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 auth orized copies of that edition have been on sale for a period of six months in the country concerned to the general publi c or in connection with systematic instructional activities at a price reasonably related to that normally charged in th e 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 elapse d

(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 g rant the license.

(b) Where licenses are obtainable after other periods and Article IV(2) is applicable, no license shall be granted unti l 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 reproduc tion 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 author ization, 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 t he edition which was published under the said license. Any copies already made before the license terminates may continu e 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 printe d or analogous forms of reproduction.

(b) This article shall also apply to the reproduction in audio-visual form of lawfully made audio-visual fixations incl uding any protected works incorporated therein and to the translation of any incorporated text into a language in genera l use in the country in which the license is applied for, always provided that the audio-visual fixations in question we re 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 d ue diligence on his part, he was unable to find the owner of the right. At the same time as making the request, the appl icant 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 e ffect deposited with the Director General, by the Government of the country in which the publisher is believed to have h is principal place of business.

(3) The name of the author shall be indicated on all copies of the translation or reproduction published under a licens e granted under Article II or Article III . The title of the work shall appear on all such copies. In the case of a tran slation, 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 co untry 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 Ar ticle II into a language other than English, French or Spanish sends copies of a translation published under such licens e to another country, such sending of copies shall not, for the purposes of sub-paragraph (a), be considered to constitu te 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 t he license to allow the receipt, or distribution, or both, and the Director General has been notified of the agreement b y 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 appr opriate language stating that the copies are available for distribution only in the country or territory to which the sa id 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 authori ty shall make all efforts, by the use of international machinery, to ensure transmittal in internationally convertible c urrency or its equivalent.

(b) Due provision shall be made by national legislation to ensure a correct translation of the work, or an accurate rep roduction 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, m ake 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 dec laration 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 facul ty 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 su bsequently 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 t han two years prior to the expiration of the period applicable under Article I(3) , make a declaration to the effect pro vided for in Article 30(2) (b), first sentence, notwithstanding the fact that it is not a country outside the Union. Suc h 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 Articl es 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 bot h 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 Ar ticle 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 h ave 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.

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