berne convention for the protection of literary and

Appendix

30

Rome ActIceland, Japan:

Article 8 of the Rome Act is replaced by Article5 of the Berne Convention, 1886, as modifiedby the Paris Additional Act, 1896, with regardto the exclusive right of authors to make or toauthorize translation of their works.

Brussels ActMexico, Turkey, Yugoslavia:

Article 8 of the Brussels Act is replaced byArticle 5 of the Berne Convention, 1886, asmodified by the Paris Additional Act, 1896,with regard to the exclusive right of authors tomake or to authorize translation of their works.

Stockholm Act, 1967*

Berne Convention for the Protection of Literary andArtistic Works

Signed on September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914,

revised at Rome on June 2, 1928, revised at Brussels on June 26, 1948, and revised at Stockholm on July 14, 1967

Article 1

The countries to which this Convention appliesconstitute a Union for the protection of the rightsof 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 bethe mode or form of its expression, such asbooks, pamphlets and other writings; lectures,addresses, sermons and other works of the samenature; dramatic or dramatico-musical works;choreographic works and entertainments indumb show; musical compositions with orwithout words; cinematographic works to

which are assimilated works expressed by aprocess analogous to cinematography; works ofdrawing, painting, architecture, sculpture,engraving and lithography; photographicworks to which are assimilated works expressedby a process analogous to photography; worksof applied art; illustrations, maps, plans,sketches and three-dimensional works relativeto geography, topography, architecture orscience.

(2) It shall, however, be a matter for legislationin the countries of the Union to prescribe thatworks in general or any specified categories ofworks shall not be protected unless they havebeen fixed in some material form.

(3) Translations, adaptations, arrangements ofmusic and other alterations of a literary or artis-tic work shall be protected as original workswithout prejudice to the copyright in the origi-nal work.

(4) It shall be a matter for legislation in thecountries of the Union to determine the pro-tection to be granted to official texts of a leg-islative, administrative and legal nature, and toofficial translations of such texts.

* The Stockholm Act was signed by the following39 countries: Austria, Belgium, Bulgaria, Cameroon,Congo-Kinshasa, Denmark, Finland, France,Gabon, Germany (Fed. Rep.), Greece, Holy See,Hungary, Iceland, India, Ireland, Israel, Italy,Ivory Coast, Japan, Liechtenstein, Luxembourg,Madagascar, Mexico, Monaco, Morocco, Niger,Norway, Philippines, Poland, Portugal, Rumania,Senegal, South Africa, Spain, Sweden, Switzerland,Tunisia, and Yugoslavia.

Rigi-1App.qxd 11/09/2005 11:08 PM Page 30

Appendix

31

(5) Collections of literary or artistic workssuch as encyclopaedias and anthologies which,by reason of the selection and arrangement oftheir contents, constitute intellectual creationsshall be protected as such, without prejudice tothe copyright in each of the works forming partof such collections.

(6) The works mentioned in this Article shallenjoy protection in all countries of the Union.This protection shall operate for the benefit ofthe author and his successors in title.

(7) Subject to the provisions of Article 7(4)of this Convention, it shall be a matter for leg-islation in the countries of the Union to deter-mine the extent of the application of their lawsto works of applied art and industrial designsand models, as well as the conditions underwhich such works, designs and models shall beprotected. Works protected in the country oforigin solely as designs and models shall beentitled in another country of the Union onlyto such special protection as is granted in thatcountry to designs and models; however, if nosuch special protection is granted in that coun-try, such works shall be protected as artisticworks.

(8) The protection of this Convention shallnot apply to news of the day nor to miscel-laneous facts having the character of mereitems of press information.

Article 2bis

(1) It shall be a matter for legislation in thecountries of the Union to exclude, wholly or inpart, from the protection provided by the pre-ceding Article political speeches and speechesdelivered in the course of legal proceedings.

(2) It shall also be a matter for legislation in thecountries of the Union to determine theconditions under which lectures, addresses andother works of the same nature which are deliv-ered in public may be reproduced by the press,broadcast, communicated to the public bywire and made the subject of public communi-cation as envisaged in Article 11bis(1) of thisConvention, when such use is justified by theinformatory purpose.

(3) Nevertheless, the author shall enjoy theexclusive right of making a collection of hisworks mentioned in the preceding paragraphs.

Article 3

(1) The protection of this Convention shallapply to:

(a) authors who are nationals of one of thecountries of the Union, for their works,whether published or not;

(b) authors who are not nationals of one of thecountries of the Union, for their works firstpublished in one of those countries, orsimultaneously in a country outside theUnion and in a country of the Union.

(2) Authors who are not nationals of one ofthe countries of the Union but who have theirhabitual residence in one of them shall, for thepurposes of this Convention, be assimilated tonationals of that country.

(3) The expression ‘published works’ meansworks published with the consent of theirauthors, whatever may be the means of manufac-ture of the copies, provided that the availabilityof such copies has been such as to satisfy thereasonable requirements of the public, havingregard to the nature of the work. The perfor-mance of a dramatic, dramatico-musical, cine-matographic or musical work, the publicrecitation of a literary work, the communica-tion by wire or the broadcasting of literary orartistic works, the exhibition of a work of artand the construction of a work of architectureshall not constitute publication.

(4) A work shall be considered as having beenpublished simultaneously in several countriesif it has been published in two or more coun-tries within thirty days of its first publication.

Article 4

The protection of this Convention shall apply,even if the conditions of Article 3 are notfulfilled, to:

(a) authors of cinematographic works the makerof which has his headquarters or habitual res-idence in one of the countries of the Union;

(b) authors of works of architecture erected in acountry of the Union or of other artisticworks incorporated in a building or otherstructure located in a country of the Union.

Article 5

(1) Authors shall enjoy, in respect of works forwhich they are protected under this Convention,


Appendix

32

in countries of the Union other than the coun-try of origin, the rights which their respectivelaws do now or may hereafter grant to theirnationals, as well as the rights specially grantedby this Convention.

(2) The enjoyment and the exercise of theserights shall not be subject to any formality;such enjoyment and such exercise shall be inde-pendent of the existence of protection in thecountry of origin of the work. Consequently,apart from the provisions of this Convention,the extent of protection, as well as the means ofredress afforded to the author to protect hisrights, shall be governed exclusively by the lawsof the country where protection is claimed.

(3) Protection in the country of origin is gov-erned by domestic law. However, when theauthor is not a national of the country of originof the work for which he is protected under thisConvention, he shall enjoy in that country thesame rights as national authors.

(4) The country of origin shall be consideredto be:

(a) in the case of works first published in acountry of the Union, that country; in thecase of works published simultaneously inseveral countries of the Union which grantdifferent terms of protection, the countrywhose legislation grants the shortest termof protection;

(b) in the case of works published simultane-ously in a country outside the Union and ina country of the Union, the latter country;

(c) in the case of unpublished works or ofworks first published in a country outsidethe Union, without simultaneous publica-tion in a country of the Union, the countryof the Union of which the author is anational, provided that:(i) when these are cinematographic works

the maker of which has his head-quarters or his habitual residence in acountry of the Union, the country oforigin shall be that country, and,

(ii) when these are works of architectureerected in a country of the Union orother artistic works incorporated in abuilding or other structure located in acountry of the Union, the country oforigin shall be that country.

Article 6

(1) Where any country outside the Union failsto protect in an adequate manner the works ofauthors who are nationals of one of the countriesof the Union, the latter country may restrict theprotection given to the works of authors whoare, at the date of the first publication thereof,nationals of the other country and are not habit-ually resident in one of the countries of theUnion. If the country of first publication availsitself of this right, the other countries of theUnion shall not be required to grant to worksthus subjected to special treatment a wider pro-tection than that granted to them in the countryof first publication.

(2) No restrictions introduced by virtue of thepreceding paragraph shall affect the rightswhich an author may have acquired in respectof a work published in a country of the Unionbefore such restrictions were put into force.

(3) The countries of the Union which restrictthe grant of copyright in accordance with thisArticle shall give notice thereof to the DirectorGeneral of the World Intellectual PropertyOrganization (hereinafter designated as “theDirector General”) by a written declarationspecifying the countries in regard to which pro-tection is restricted, and the restrictions to whichrights of authors who are nationals of thosecountries are subjected. The Director Generalshall immediately communicate this declarationto all the countries of the Union.

Article 6bis

(1) Independently of the author’s economicrights, and even after the transfer of the saidrights, the author shall have the right to claimauthorship of the work and to object to any dis-tortion, mutilation or other modification of, orother derogatory action in relation to, the saidwork, which would be prejudicial to his honoror reputation.

(2) The rights granted to the author inaccordance with the preceding paragraph shall,after his death, be maintained, at least until theexpiry of the economic rights, and shall beexercisable by the persons or institutionsauthorized by the legislation of the countrywhere protection is claimed. However, thosecountries whose legislation, at the moment of

Rigi-1App.qxd 11/09/2005 11:08 PM 2

Appendix

33

their ratification of or accession to this Act,does not provide for the protection after thedeath of the author of all the rights set out inthe preceding paragraph may provide thatsome of these rights may, after his death, ceaseto be maintained.

(3) The means of redress for safeguarding therights granted by this Article shall be governedby the legislation of the country where protec-tion is claimed.

Article 7

(1) The term of protection granted by thisConvention shall be the life of the author andfifty years after his death.

(2) However, in the case of cinematographicworks, the countries of the Union may providethat the term of protection shall expire fifty yearsafter the work has been made available to thepublic with the consent of the author, or, failingsuch an event within fifty years from the makingof such a work, fifty years after the making.

(3) In the case of anonymous or pseudony-mous works, the term of protection granted bythis Convention shall expire fifty years after thework has been lawfully made available to thepublic. However, when the pseudonymadopted by the author leaves no doubt as to hisidentity, the term of protection shall be thatprovided in paragraph (1). If the author of ananonymous or pseudonymous work discloseshis identity during the above-mentionedperiod, the term of protection applicable shallbe that provided in paragraph (1). The coun-tries of the Union shall not be required to pro-tect anonymous or pseudonymous works inrespect of which it is reasonable to presumethat their author has been dead for fifty years.

(4) It shall be a matter for legislation in thecountries of the Union to determine the termof protection of photographic works and thatof works of applied art in so far as they are pro-tected as artistic works; however, this term shalllast 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 thedeath of the author and the terms provided byparagraphs (2), (3) and (4) shall run from thedate of death or of the event referred to in thoseparagraphs, but such terms shall always be

deemed to begin on the first of January of theyear following the death or such event.

(6) The countries of the Union may grant aterm of protection in excess of those providedby the preceding paragraphs.

(7) Those countries of the Union bound bythe Rome Act of this Convention which grant,in their national legislation in force at the timeof signature of the present Act, shorter terms ofprotection than those provided for in the pre-ceding paragraphs shall have the right to main-tain such terms when ratifying or acceding tothe present Act.

(8) In any case, the term shall be governed bythe legislation of the country where protectionis claimed; however, unless the legislation ofthat country otherwise provides, the term shallnot exceed the term fixed in the country oforigin of the work.

Article 7bis

The provisions of the preceding Article shallalso apply in the case of a work of joint author-ship, provided that the terms measured fromthe death of the author shall be calculated fromthe death of the last surviving author.

Article 8

Authors of literary and artistic worksprotected by this Convention shall enjoy theexclusive right of making and of authorizingthe translation of their works throughoutthe term of protection of their rights in theoriginal works.

Article 9

(1) Authors of literary and artistic worksprotected by this Convention shall have theexclusive right of authorizing the reproductionof these works, in any manner or form.

(2) It shall be a matter for legislation in thecountries of the Union to permit the reproduc-tion of such works in certain special cases, pro-vided that such reproduction does not conflictwith a normal exploitation of the work anddoes not unreasonably prejudice the legitimateinterests of the author.

(3) Any sound or visual recording shall be con-sidered as a reproduction for the purposes ofthis Convention.


Appendix

34

Article 10

(1) It shall be permissible to make quotationsfrom a work which has already been lawfullymade available to the public, provided thattheir making is compatible with fair practice,and their extent does not exceed that justifiedby the purpose, including quotations fromnewspaper articles and periodicals in the formof press summaries.

(2) It shall be a matter for legislation in the coun-tries of the Union, and for special agreementsexisting or to be concluded between them, topermit the utilization, to the extent justified bythe purpose, of literary or artistic works by way ofillustration in publications, broadcasts or soundor visual recordings for teaching, provided suchutilization is compatible with fair practice.

(3) Where use is made of works in accordancewith the preceding paragraphs of this Article,mention shall be made of the source, and of thename of the author if it appears thereon.

Article 10bis

(1) It shall be a matter for legislation in the coun-tries of the Union to permit the reproduction bythe press, the broadcasting or the communica-tion to the public by wire of articles published innewspapers or periodicals on current economic,political or religious topics, and of broadcastworks of the same character, in cases in whichthe reproduction, broadcasting or such commu-nication thereof is not expressly reserved.Nevertheless, the source must always be clearlyindicated; the legal consequences of a breach ofthis obligation shall be determined by the legisla-tion of the country where protection is claimed.

(2) It shall also be a matter for legislation in thecountries of the Union to determine theconditions under which, for the purpose ofreporting current events by means of photogra-phy, cinematography, broadcasting or commu-nication to the public by wire, literary orartistic works seen or heard in the course of theevent may, to the extent justified by the infor-matory purpose, be reproduced and madeavailable to the public.

Article 11

(1) Authors of dramatic, dramatico-musicaland musical works shall enjoy the exclusive

right of authorizing:

(i) the public performance of their works,including such public performance by anymeans or process;

(ii) any communication to the public of theperformance of their works.

(2) Authors of dramatic or dramatico-musicalworks shall enjoy, during the full term of theirrights in the original works, the same rightswith respect to translations thereof.

Article 11bis

(1) Authors of literary and artistic works shallenjoy the exclusive right of authorizing:(i) the broadcasting of their works or the

communication thereof to the public byany other means of wireless diffusion ofsigns, sounds or images;

(ii) any communication to the public by wireor by rebroadcasting of the broadcast ofthe work, when this communication ismade by an organization other than theoriginal one;

(iii) the public communication by loudspeakeror any other analogous instrument trans-mitting, by signs, sounds or images, thebroadcast of the work.

(2) It shall be a matter for legislation in thecountries of the Union to determine the condi-tions under which the rights mentioned in thepreceding paragraph may be exercised, butthese conditions shall apply only in the coun-tries where they have been prescribed. Theyshall not in any circumstances be prejudicial tothe moral rights of the author, nor to his rightto obtain equitable remuneration which, in theabsence of agreement, shall be fixed by compet-ent authority.

(3) In the absence of any contrary stipulation,permission granted in accordance with para-graph (1) of this Article shall not imply permis-sion to record, by means of instrumentsrecording sounds or images, the work broad-cast. It shall, however, be a matter for legisla-tion in the countries of the Union to determinethe regulations for ephemeral recordings madeby a broadcasting organization by means of itsown facilities and used for its own broadcasts.The preservation of these recordings in officialarchives may, on the ground of their exceptional


Appendix

35

documentary character, be authorized by suchlegislation.

Article 11ter

(1) Authors of literary works shall enjoy theexclusive right of authorizing:(i) the public recitation of their works,

including such public recitation by anymeans or process;

(ii) any communication to the public of therecitation of their works.

(2) Authors of literary works shall enjoy,during the full term of their rights in theoriginal works, the same rights with respect totranslations thereof.

Article 12

Authors of literary or artistic works shall enjoythe exclusive right of authorizing adaptations,arrangements and other alterations of theirworks.

Article 13

(1) Each country of the Union may impose foritself reservations and conditions on the exclus-ive right granted to the author of a musicalwork and to the author of any words, therecording of which together with the musicalwork has already been authorized by the latter,to authorize the sound recording of thatmusical work, together with such words, ifany; but all such reservations and conditionsshall apply only in the countries which haveimposed them and shall not, in any circum-stances, be prejudicial to the rights of theseauthors to obtain equitable remunerationwhich, in the absence of agreement, shall befixed by competent authority.

(2) Recordings of musical works made in acountry of the Union in accordance withArticle 13(3) of the Conventions signed atRome on June 2, 1928, and at Brussels on June26, 1948, may be reproduced in that countrywithout the permission of the author of themusical work until a date two years after thatcountry becomes bound by this Act.

(3) Recordings made in accordance with para-graphs (1) and (2) of this Article and importedwithout permission from the parties concernedinto a country where they are treated as infring-ing recordings shall be liable to seizure.

Article 14

(1) Authors of literary or artistic works shallhave the exclusive right of authorizing:

(i) the cinematographic adaptation andreproduction of these works, and the dis-tribution of the works thus adapted orreproduced;

(ii) the public performance and communica-tion to the public by wire of the works thusadapted or reproduced.

(2) The adaptation into any other artisticform of a cinematographic production derivedfrom literary or artistic works shall, withoutprejudice to the authorization of the author ofthe cinematographic production, remain sub-ject to the authorization of the authors of theoriginal works.

(3) The provisions of Article 13(1) shall notapply.

Article 14bis

(1) Without prejudice to the copyright inany work which may have been adapted orreproduced, a cinematographic work shall beprotected as an original work. The owner ofcopyright in a cinematographic work shallenjoy the same rights as the author of an ori-ginal work, including the rights referred to inthe preceding Article.

(2) (a) Ownership of copyright in a cinemato-graphic work shall be a matter for legislation inthe country where protection is claimed.

(b) However, in the countries of the Unionwhich, by legislation, include among the own-ers of copyright in a cinematographic workauthors who have brought contributions to themaking of the work, such authors, if they haveundertaken to bring such contributions, maynot, in the absence of any contrary or specialstipulation, object to the reproduction, distrib-ution, public performance, communication tothe public by wire, broadcasting or any othercommunication to the public, or to the subti-tling or dubbing of texts, of the work.

(c) The question whether or not the form ofthe undertaking referred to above should, forthe application of the preceding subparagraph(b), be in a written agreement or a written actof the same effect shall be a matter for the


Appendix

36

legislation of the country where the maker ofthe cinematographic work has his headquartersor habitual residence. However, it shall be amatter for the legislation of the country of theUnion where protection is claimed to providethat the said undertaking shall be in a writtenagreement or a written act of the same effect.The countries whose legislation so providesshall notify the Director General by means of awritten declaration, which will be immediatelycommunicated by him to all the other coun-tries of the Union.

(d ) By ‘contrary or special stipulation’ ismeant any restrictive condition which is rele-vant to the aforesaid undertaking.

(3) Unless the national legislation provides tothe contrary, the provisions of paragraph (2) (b)above shall not be applicable to authors of scen-arios, dialogues and musical works created forthe making of the cinematographic work, norto the principal director thereof. However,those countries of the Union whose legislationdoes not contain rules providing for the appli-cation of the said paragraph (2) (b) to suchdirector shall notify the Director General bymeans of a written declaration, which will beimmediately communicated by him to all theother countries of the Union.

Article 14 ter

(1) The author, or after his death the personsor institutions authorized by national legis-lation, shall, with respect to original works ofart and original manuscripts of writers andcomposers, enjoy the inalienable right to aninterest in any sale of the work subsequent tothe first transfer by the author of the work.

(2) The protection provided by the precedingparagraph may be claimed in a country of theUnion only if legislation in the country towhich the author belongs so permits, and to theextent permitted by the country where thisprotection is claimed.

(3) The procedure for collection and theamounts shall be matters for determination bynational legislation.

Article 15

(1) In order that the author of a literary orartistic work protected by this Conventionshall, in the absence of proof to the contrary, be

regarded as such, and consequently be entitledto institute infringement proceedings in thecountries of the Union, it shall be sufficient forhis name to appear on the work in the usualmanner. This paragraph shall be applicableeven if this name is a pseudonym, where thepseudonym adopted by the author leaves nodoubt as to his identity.

(2) The person or body corporate whose nameappears on a cinematographic work in theusual manner shall, in the absence of proof tothe contrary, be presumed to be the maker ofthe said work.

(3) In the case of anonymous and pseudonym-ous works, other than those referred to in para-graph (1) above, the publisher whose nameappears on the work shall, in the absence ofproof to the contrary, be deemed to representthe author, and in this capacity he shall beentitled to protect and enforce the author’srights. The provisions of this paragraph shallcease to apply when the author reveals his iden-tity and establishes his claim to authorship ofthe work.

(4) (a) In the case of unpublished works wherethe identity of the author is unknown, butwhere there is every ground to presume that heis a national of a country of the Union, it shallbe a matter for legislation in that country todesignate the competent authority who shallrepresent the author and shall be entitled toprotect and enforce his rights in the countriesof the Union.

(b) Countries of the Union which make suchdesignation under the terms of this provisionshall notify the Director General by means of awritten declaration giving full informationconcerning the authority thus designated.The Director General shall at once communi-cate this declaration to all other countries ofthe Union.

Article 16

(1) Infringing copies of a work shall be liableto seizure in any country of the Union wherethe work enjoys legal protection.

(2) The provisions of the preceding paragraphshall also apply to reproductions coming froma country where the work is not protected, orhas ceased to be protected.


Appendix

37

(3) The seizure shall take place in accordancewith the legislation of each country.

Article 17

The provisions of this Convention cannot inany way affect the right of the Government ofeach country of the Union to permit, to con-trol, or to prohibit by legislation or regulation,the circulation, presentation, or exhibition ofany work or production in regard to which thecompetent authority may find it necessary toexercise that right.

Article 18

(1) This Convention shall apply to all workswhich, at the moment of its coming into force,have not yet fallen into the public domain inthe country of origin through the expiry of theterm of protection.

(2) If, however, through the expiry of the termof protection which was previously granted, awork has fallen into the public domain of thecountry where protection is claimed, that workshall not be protected anew.

(3) The application of this principle shall besubject to any provisions contained in specialconventions to that effect existing or to be con-cluded between countries of the Union. In theabsence of such provisions, the respectivecountries shall determine, each in so far as it isconcerned, the conditions of application of thisprinciple.

(4) The preceding provisions shall also applyin the case of new accessions to the Union andto cases in which protection is extended by theapplication of Article 7 or by the abandonmentof reservations.

Article 19

The provisions of this Convention shall notpreclude the making of a claim to the benefit ofany greater protection which may be grantedby legislation in a country of the Union.

Article 20

The Governments of the countries of theUnion reserve the right to enter into specialagreements among themselves, in so far as suchagreements grant to authors more extensiverights than those granted by the Convention,or contain other provisions not contrary to this

Convention. The provisions of existing agree-ments which satisfy these conditions shallremain applicable.

Article 21

(1) Special provisions regarding developingcountries are included in a protocol entitled‘Protocol Regarding Developing Countries.’

(2) Subject to the provisions of Article 28(1)(b)(i) and (c), the Protocol Regarding DevelopingCountries forms an integral part of thepresent Act.

Article 22

(1) (a) The Union shall have an Assemblyconsisting of those countries of the Unionwhich are bound by Articles 22 to 26.

(b) The Government of each country shall berepresented by one delegate, who may be assistedby alternate delegates, advisors, and experts.

(c) The expenses of each delegation shall be borneby the Government which has appointed it.

(2) (a) The Assembly shall:

(i) deal with all matters concerning themaintenance and development of theUnion and the implementation ofthis Convention;

(ii) give directions concerning the prepa-ration for conferences of revision tothe International Bureau ofIntellectual Property (hereinafter des-ignated as “the International Bureau”)referred to in the Convention estab-lishing the World Intellectual PropertyOrganization (hereinafter designatedas ‘the Organization’), due accountbeing taken of any comments made bythose countries of the Union which arenot bound by Articles 22 to 26;

(iii) review and approve the reports andactivities of the Director General ofthe Organization concerning theUnion, and give him all necessaryinstructions concerning matterswithin the competence of the Union;

(iv) elect the members of the ExecutiveCommittee of the Assembly;

(v) review and approve the reports and activ-ities of its Executive Committee, andgive instructions to such Committee;


Appendix

38

(vi) determine the program and adoptthe triennial budget of the Union,and approve its final accounts;

(vii) adopt the financial regulations of theUnion;

(viii) establish such committees of expertsand working groups as may be neces-sary for the work of the Union;

(ix) determine which countries notmembers of the Union and whichintergovernmental and internationalnon-governmental organizationsshall be admitted to its meetings asobservers;

(x) adopt amendments to Articles 22to 26;

(xi) take any other appropriate actiondesigned to further the objectives ofthe Union;

(xii) exercise such other functions as areappropriate under this Convention;

(xiii) subject to its acceptance, exercisesuch rights as are given to it inthe Convention establishing theOrganization.

(b) With respect to matters which are of inter-est also to other Unions administered by theOrganization, the Assembly shall make itsdecisions after having heard the advice of theCoordination Committee of the Organization.

(3) (a) Each country member of the Assemblyshall have one vote.

(b) One-half of the countries members of theAssembly shall constitute a quorum.

(c) Notwithstanding the provisions of sub-paragraph (b), if, in any session, the number ofcountries represented is less than one-half butequal to or more than one-third of the coun-tries members of the Assembly, the Assemblymay make decisions but, with the exception ofdecisions concerning its own procedure,all such decisions shall take effect only if the following conditions are fulfilled. TheInternational Bureau shall communicate thesaid decisions to the countries members of theAssembly which were not represented and shallinvite them to express in writing their vote orabstention within a period of three monthsfrom the date of the communication. If, at theexpiration of this period, the number ofcountries having thus expressed their vote or

abstention attains the number of countrieswhich was lacking for attaining the quorum inthe session itself, such decisions shall take effectprovided that at the same time the requiredmajority still obtains.

(d ) Subject to the provisions of Article 26(2),the decisions of the Assembly shall requiretwo-thirds of the votes cast.

(e) Abstentions shall not be considered as votes.

( f ) A delegate may represent, and vote in thename of, one country only.

(g) Countries of the Union not members ofthe Assembly shall be admitted to its meetingsas observers.

(4) (a) The Assembly shall meet once in everythird calendar year in ordinary session uponconvocation by the Director General and,in the absence of exceptional circumstances,during the same period and at the same place asthe General Assembly of the Organization.

(b) The Assembly shall meet in extraordinarysession upon convocation by the DirectorGeneral, at the request of the ExecutiveCommittee or at the request of one-fourth ofthe countries members of the Assembly.

(5) The Assembly shall adopt its own rules ofprocedure.

Article 23

(1) The Assembly shall have an ExecutiveCommittee.

(2) (a) The Executive Committee shall consistof countries elected by the Assembly fromamong countries members of the Assembly.Furthermore, the country on whose territorythe 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 memberof the Executive Committee shall be repre-sented by one delegate, who may be assisted byalternate delegates, advisors, and experts.

(c) The expenses of each delegation shall beborne by the Government which has appointed it.

(3) The number of countries members of theExecutive Committee shall correspond to one-fourth of the number of countries members ofthe Assembly. In establishing the number ofseats to be filled, remainders after division byfour shall be disregarded.


Appendix

39

(4) In electing the members of the ExecutiveCommittee, the Assembly shall have due regardto an equitable geographical distribution and tothe need for countries party to the SpecialAgreements which might be established in rela-tion with the Union to be among the countriesconstituting the Executive Committee.

(5) (a) Each member of the ExecutiveCommittee shall serve from the close of the ses-sion of the Assembly which elected it to the closeof the next ordinary session of the Assembly.

(b) Members of the Executive Committeemay be re-elected, but not more than two-thirds of them.

(c) The Assembly shall establish the details ofthe rules governing the election and possible re-election of the members of the ExecutiveCommittee.

(6) (a) The Executive Committee shall:(i) prepare the draft agenda of the

Assembly;(ii) submit proposals to the Assembly

respecting the draft program andtrienniel budget of the Union pre-pared by the Director General;

(iii) approve, within the limits of the pro-gram and the triennial budget, thespecific yearly budgets and programsprepared by the Director General;

(iv) submit, with appropriate comments,to the Assembly the periodical reportsof the Director General and theyearly audit reports on the accounts;

(v) in accordance with the decisions ofthe Assembly and having regard tocircumstances arising between twoordinary sessions of the Assembly,take all necessary measures to ensurethe execution of the program of theUnion by the Director General;

(vi) perform such other functions asare allocated to it under thisConvention.

(b) With respect to matters which are of inter-est also to other Unions administered by theOrganization, the Executive Committee shallmake its decisions after having heard the adviceof the Coordination Committee of theOrganization.

(7) (a) The Executive Committee shall meetonce a year in ordinary session upon convocation

by the Director General, preferably duringthe same period and at the same place as theCoordination Committee of the Organization.

(b) The Executive Committee shall meet inextraordinary session upon convocation by theDirector General, either on his own initiative,or at the request of its Chairman or one-fourthof its members.

(8) (a) Each country member of the ExecutiveCommittee shall have one vote.

(b) One-half of the members of the ExecutiveCommittee shall constitute a quorum.

(c) Decisions shall be made by a simplemajority of the votes cast.

(d) Abstentions shall not be considered asvotes.

(e) A delegate may represent, and vote in thename of, one country only.

(9) Countries of the Union not members ofthe Executive Committee shall be admitted toits meetings as observers.

(10) The Executive Committee shall adopt itsown rules of procedure.

Article 24

(1) (a) The administrative tasks with respectto the Union shall be performed by theInternational Bureau, which is a continuationof the Bureau of the Union united with theBureau of the Union established by theInternational Convention for the Protection ofIndustrial Property.

(b) In particular, the International Bureaushall provide the secretariat of the variousorgans of the Union.

(c) The Director General of the Organizationshall be the chief executive of the Union andshall represent the Union.

(2) The International Bureau shall assembleand publish information concerning the pro-tection of copyright. Each countryof the Union shall promptly communicate tothe International Bureau all new laws andofficial texts concerning the protection ofcopyright.

(3) The International Bureau shall publish amonthly periodical.

(4) The International Bureau shall, onrequest, furnish information to any country of


Appendix

40

the Union on matters concerning the protec-tion of copyright.

(5) The International Bureau shall conductstudies, and shall provide services, designed tofacilitate the protection of copyright.

(6) The Director General and any staff mem-ber designated by him shall participate, with-out the right to vote, in all meetings of theAssembly, the Executive Committee, and anyother committee of experts or working group.The Director General, or a staff member desig-nated by him, shall be ex officio secretary ofthese bodies.

(7) (a) The International Bureau shall, inaccordance with the directions of the Assemblyand in cooperation with the ExecutiveCommittee, make the preparations for theconferences of revision of the provisions of theConvention other than Articles 22 to 26.

(b) The International Bureau may consultwith intergovernmental and internationalnon-governmental organizations concerningpreparations for conferences of revision.

(c) The Director General and persons designated by him shall take part, withoutthe right to vote, in the discussions at theseconferences.

(8) The International Bureau shall carry outany other tasks assigned to it.

Article 25

(1) (a) The Union shall have a budget.(b) The budget of the Union shall include theincome and expenses proper to the Union, itscontribution to the budget of expenses com-mon to the Unions, and, where applicable, thesum made available to the budget of theConference of the Organization.

(c) Expenses not attributable exclusively to theUnion but also to one or more other Unionsadministered by the Organization shall be con-sidered as expenses common to the Unions.The share of the Union in such commonexpenses shall be in proportion to the interestthe Union has in them.

(2) The budget of the Union shall be estab-lished with due regard to the requirements ofcoordination with the budgets of the otherUnions administered by the Organization.

(3) The budget of the Union shall be financedfrom the following sources:(i) contributions of the countries of the

Union;

(ii) fees and charges due for services performedby the International Bureau in relation tothe Union;

(iii) sale of, or royalties on, the publications of theInternational Bureau concerning the Union;

(iv) gifts, bequests, and subventions;

(v) rents, interests, and other miscellaneousincome.

(4) (a) For the purpose of establishing itscontribution towards the budget, each countryof the Union shall belong to a class, and shallpay its annual contributions on the basis of anumber of units fixed as follows:

Class I . . . . . . . . 25Class II . . . . . . . . 20Class III . . . . . . . . 15Class IV . . . . . . . . 10Class V . . . . . . . . 5Class VI . . . . . . . . 3Class VII . . . . . . . . 1

(b) Unless it has already done so, each countryshall indicate, concurrently with depositing itsinstrument of ratification or accession, the classto which it wishes to belong. Any country maychange class. If it chooses a lower class, thecountry must announce it to the Assembly atone of its ordinary sessions. Any such changeshall take effect at the beginning of the calendaryear following the session.

(c) The annual contribution of each countryshall be an amount in the same proportion tothe total sum to be contributed to the annualbudget of the Union by all countries as thenumber of its units is to the total of the units ofall contributing countries.

(d) Contributions shall become due on thefirst of January of each year.

(e) A country which is in arrears in thepayment of its contributions shall have no votein any of the organs of the Union of which it isa member if the amount of its arrears equals orexceeds the amount of the contributions duefrom it for the preceding two full years.However, any organ of the Union may allowsuch a country to continue to exercise its vote


Appendix

41

in that organ if, and as long as, it is satisfied thatthe delay in payment is due to exceptional andunavoidable circumstances.

(f ) If the budget is not adopted before thebeginning of a new financial period, it shall be atthe same level as the budget of the previous year,in accordance with the financial regulations.

(5) The amount of the fees and charges duefor services rendered by the InternationalBureau in relation to the Union shall be estab-lished, and shall be reported to the Assemblyand the Executive Committee, by the DirectorGeneral.

(6) (a) The Union shall have a working cap-ital fund which shall be constituted by a singlepayment made by each country of the Union.If the fund becomes insufficient, an increaseshall be decided by the Assembly.

(b) The amount of the initial payment of eachcountry to the said fund or of its participationin the increase thereof shall be a proportion ofthe contribution of that country for the year inwhich the fund is established or the increasedecided.

(c) The proportion and the terms of paymentshall be fixed by the Assembly on the proposalof the Director General and after it has heardthe advice of the Coordination Committee ofthe Organization.

(7) (a) In the headquarters agreement con-cluded with the country on the territory of whichthe Organization has its head quarters, it shall beprovided that, whenever the working capitalfund is insufficient, such country shall grantadvances. The amount of these advances and theconditions on which they are granted shall be thesubject of separate agreements, in each case,between such country and the Organization. Aslong as it remains under the obligation to grantadvances, such country shall have an ex officio seaton the Executive Committee.

(b) The country referred to in subparagraph (a)and the Organization shall each have the right todenounce the obligation to grant advances, bywritten notification. Denunciation shall takeeffect three years after the end of the year inwhich it has been notified.

(8) The auditing of the accounts shall beeffected by one or more of the countries of the

Union or by external auditors, as provided inthe financial regulations. They shall be desig-nated, with their agreement, by the Assembly.

Article 26

(1) Proposals for the amendment of Articles22, 23, 24, 25, and the present Article, may beinitiated by any country member of theAssembly, by the Executive Committee, or bythe Director General. Such proposals shall becommunicated by the Director General to themember countries of the Assembly at least sixmonths in advance of their consideration bythe Assembly.

(2) Amendments to the Articles referred to inparagraph (1) shall be adopted by the Assembly.Adoption shall require three-fourths of thevotes cast, provided that any amendment ofArticle 22, and of the present paragraph, shallrequire four-fifths of the votes cast.

(3) Any amendment to the Articles referred to inparagraph (1) shall enter into force one monthafter written notifications of acceptance, effectedin accordance with their respective constitutionalprocesses, have been received by the DirectorGeneral from three-fourths of the countriesmembers of the Assembly at the time it adoptedthe amendment. Any amendment to the saidArticles thus accepted shall bind all the countrieswhich are members of the Assembly at the timethe amendment enters into force, or whichbecome members thereof at a subsequent date,provided that any amendment increasing thefinancial obligations of countries of the Unionshall bind only those countries which havenotified their acceptance of such amendment.

Article 27

(1) This Convention shall be submitted torevision with a view to the introduction ofamendments designed to improve the systemof the Union.

(2) For this purpose, conferences shall be heldsuccessively in one of the countries of the Unionamong the delegates of the said countries.

(3) Subject to the provisions of Article 26which apply to the amendment of Articles 22 to26, any revision of this Convention, includingthe Protocol Regarding Developing Countries,shall require the unanimity of the votes cast.


Appendix

42

Article 28

(1) (a) Any country of the Union which hassigned this Act may ratify it, and, if it has notsigned it, may accede to it. Instruments of rati-fication and accession shall be deposited withthe Director General.

(b) Any country of the Union may declare inits instrument of ratification or accession thatits ratification or accession shall not apply:

(i) to Articles 1 to 21 and the ProtocolRegarding Developing Countries, or

(ii) to Articles 22 to 26.

(c) If a country of the Union has alreadyseparately accepted the Protocol RegardingDeveloping Countries in accordance withArticle 5 of such Protocol, its declaration underitem (i) of the preceding subparagraph mayrelate only to Articles 1 to 20.

(d ) Any country of the Union which, in accor-dance with subparagraphs (b) and (c), hasexcluded from the effects of its ratification oraccession one of the two groups of provisionsreferred to in those subparagraphs may at anylater time declare that it extends the effects ofits ratification or accession to that group of pro-visions. Such declaration shall be depositedwith the Director General.

(2) (a) Subject to the provisions of Article 5 ofthe Protocol Regarding Developing Countries,Articles 1 to 21 and the said Protocol shall enterinto force, with respect to the first five countriesof the Union which have deposited instrumentsof ratification or accession without making thedeclaration permitted by paragraph (1) (b)(i),three months after the deposit of the fifth suchinstrument of ratification or accession.

(b) Articles 22 to 26 shall enter into force, withrespect to the first seven countries of the Unionwhich have deposited instruments of ratifica-tion or accession without making the declara-tion permitted by paragraph (1) (b)(ii), threemonths after the deposit of the seventh suchinstrument of ratification or accession.

(c) Subject to the initial entry into force, pur-suant to the provisions of subparagraphs (a) and(b), of each of the two groups of provisionsreferred to in paragraph (1) (b) (i) and (ii), andsubject to the provisions of paragraph (1) (b),Articles 1 to 26 and the Protocol Regarding

Developing Countries shall, with respect to anycountry of the Union, other than those referredto in subparagraphs (a) and (b), which depositsan instrument of ratification or accession or anycountry of the Union which deposits a declara-tion pursuant to paragraph (1) (d ), enter intoforce three months after the date of notificationby the Director General of such deposit, unless asubsequent date has been indicated in the instru-ment or declaration deposited. In the latter case,this Act shall enter into force with respect to thatcountry on the date thus indicated.

(d ) The Protocol Regarding DevelopingCountries may be applied, pursuant to Article 5thereof, prior to the entry into force of this Act,from the date of its signature.

(3) With respect to any country of the Unionwhich deposits an instrument of ratification oraccession, Articles 27 to 38 shall enter into forceon the earlier of the dates on which any of thegroups of provisions referred to in paragraph (1)(b) enters into force with respect to that countrypursuant to paragraph (2) (a), (b) or (c).

Article 29

(1) Any country outside the Union mayaccede to this Act and thereby become a mem-ber of the Union. Instruments of accessionshall be deposited with the Director General.

(2) (a) With respect to any country outsidethe Union which deposits its instrument ofaccession one month or more before the date ofentry into force of any provisions of the presentAct, this Act shall enter into force, unless a sub-sequent date has been indicated in the instru-ment of accession, on the date upon whichprovisions first enter into force pursuant toArticle 28(2) (a) or (b); provided that:

(i) if Articles 1 to 21 do not enter into forceon that date, such country shall, duringthe interim period before the entry intoforce of such provisions, and in substi-tution therefor, be bound by Articles 1to 20 of the Brussels Act;

(ii) if Articles 22 to 26 do not enter intoforce on that date, such country shall,during the interim period before theentry into force of such provisions, andin substitution therefor, be bound byArticles 21 to 24 of the Brussels Act.


Appendix

43

If a country indicates a subsequent date in itsinstrument of accession, this Act shall enterinto force with respect to that country on thedate thus indicated.

(b) With respect to any country outside theUnion which deposits its instrument of acces-sion on a date which is subsequent to, or pre-cedes by less than one month, the entry intoforce of one group of provisions of the presentAct, this Act shall, subject to the proviso of sub-paragraph (a), enter into force three monthsafter the date on which its accession has beennotified by the Director General, unless asubsequent date has been indicated in theinstrument of accession. In the latter case, thisAct shall enter into force with respect to thatcountry on the date thus indicated.

(3) With respect to any country outside theUnion which deposits its instrument of acces-sion after the date of entry into force of thepresent Act in its entirety, or less than one monthbefore such date, this Act shall enter into forcethree months after the date on which its acces-sion has been notified by the Director General,unless a subsequent date has been indicated inthe instrument of accession. In the latter case,this Act shall enter into force with respect to thatcountry on the date thus indicated.

Article 30

(1) Subject to the possibilities of exceptionsprovided for in the following paragraph, inArticles 28(1) (b) and 33(2), and in theProtocol Regarding Developing Countries,ratification or accession shall automaticallyentail acceptance of all the clauses and admis-sion to all the advantages of this Act.

(2) (a) Any country of the Union ratifying oracceding to this Act may retain the benefit ofthe reservations it has previously formulated oncondition that it makes a declaration to thateffect at the time of the deposit of its instru-ment of ratification or accession.

(b) Any country outside the Union may, inacceding to this Act, declare that it intends tosubstitute, temporarily at least, for Article 8concerning the right of translation, the provi-sions of Article 5 of the Union Conventionof 1886, as revised in Paris in 1896, on theclear understanding that the said provisionsare applicable only to translation into the

language or languages of the said country. Anycountry of the Union has the right to apply, inrelation to the right of translation of workswhose country of origin is a country availingitself of such a reservation, a protection whichis equivalent to the protection granted by thelatter country.

(c) Any country may withdraw such reserva-tions at any time by notification addressed tothe Director General.

Article 31

(1) Any country may declare in its instrumentof ratification or accession, or may inform theDirector General by written notification anytime thereafter, that this Convention shall beapplicable to all or part of those territories, des-ignated in the declaration or notification, forthe external relations of which it is responsible.

(2) Any country which has made such a declara-tion or given such a notification may, at anytime, notify the Director General that thisConvention shall cease to be applicable to all orpart of such territories.

(3) (a) Any declaration made under para-graph (1) shall take effect on the same date asthe ratification or accession in which it wasincluded, and any notification given undersuch paragraph shall take effect three monthsafter its notification by the Director General.

(b) Any notification given under paragraph (2)shall take effect twelve months after its receiptby the Director General.

Article 32

(1) The present Act shall, as regards the rela-tions between the countries of the Union, andto the extent that it applies, replace the BerneConvention of September 9, 1886, and the sub-sequent Acts of revision. The Acts previously inforce shall continue to be applicable, in theirentirety or to the extent that the present Actdoes not replace them by virtue of the precedingsentence, in relations with countries of theUnion which do not ratify or accede to this Act.

(2) Countries outside the Union which becomeparty to this Act shall, subject to the provisionsof paragraph (3), apply it with respect to anycountry of the Union not party to this Act orwhich, although party to this Act, has made a


Appendix

44

declaration pursuant to Article 28(1) (b)(i).Such countries recognize that the said country ofthe Union, in its relations with them:

(i) may apply the provisions of the mostrecent Act to which it is party, and

(ii) has the right to adapt the protection to thelevel provided for by this Act.

(3) Any country which, in ratifying or acced-ing to the present Act, has made any or all of thereservations permitted under the ProtocolRegarding Developing Countries may applythem in its relations with other countries of theUnion which are not party to this Act or which,although party to this Act, have made a decla-ration as permitted by Article 28(1)(b)(i), pro-vided that the latter countries have acceptedthe application of the said reservations.

Article 33

(1) Any dispute between two or more countriesof the Union concerning the interpretation orapplication of this Convention, not settled bynegotiation, may, by any one of the countriesconcerned, be brought before the InternationalCourt of Justice by application in conformitywith the Statute of the Court, unless the countriesconcerned agree on some other method of settle-ment. The country bringing the dispute before theCourt shall inform the International Bureau; theInternational Bureau shall bring the matter tothe attention of the other countries of the Union.

(2) Each country may, at the time it signs thisAct or deposits its instrument of ratification oraccession, declare that it does not consider itselfbound by the provisions of paragraph (1). Withregard to any dispute between such countryand any other country of the Union, the provi-sions of paragraph (1) shall not apply.

(3) Any country having made a declaration inaccordance with the provisions of paragraph (2)may, at any time, withdraw its declaration bynotification addressed to the Director General.

Article 34

After the entry into force of this Act in itsentirety, a country may not accede to earlierActs of this Convention.

Article 35

(1) This Convention shall remain in forcewithout limitation as to time.

(2) Any country may denounce this Act bynotification addressed to the Director General.Such denunciation shall constitute also denun-ciation of all earlier Acts and shall affect onlythe country making it, the Conventionremaining in full force and effect as regards theother countries of the Union.

(3) Denunciation shall take effect one yearafter the day on which the Director General hasreceived the notification.

(4) The right of denunciation provided by thisArticle shall not be exercised by any countrybefore the expiration of five years from the dateupon which it becomes a member of the Union.

Article 36

(1) Any country party to this Conventionundertakes to adopt, in accordance with itsconstitution, the measures necessary to ensurethe application of this Convention.

(2) It is understood that, at the time a countrydeposits its instrument of ratification or acces-sion, it will be in a position under its domesticlaw to give effect to the provisions of thisConvention.

Article 37

(1) (a) This Act shall be signed in a single copyin the French and English languages and shallbe deposited with the Government of Sweden.

(b) Official texts shall be established by theDirector General, after consultation with theinterested Governments, in the German, Italian,Portuguese and Spanish languages, and suchother languages as the Assembly may designate.

(c) In case of differences of opinion on theinterpretation of the various texts, the Frenchtext shall prevail.

(2) This Act shall remain open for signature atStockholm until January 13, 1968.

(3) The Director General shall transmit twocopies, certified by the Government of Sweden,of the signed text of this Act to the Governmentsof all countries of the Union and, on request, tothe Government of any other country.

(4) The Director General shall register this Actwith the Secretariat of the United Nations.

(5) The Director General shall notify theGovernments of all countries of the Union of


Appendix

45

signatures, deposits of instruments of ratifica-tion or accession and any declarations includedin such instruments or made pursuant toArticle 28(1) (d), entry into force of any provi-sions of this Act, notifications of denunciation,and notifications pursuant to Article 31.

Article 38

(1) Until the first Director Generalassumes office, references in this Act to theInternational Bureau of the Organization or tothe Director General shall be deemed to be ref-erences to the Bureau of the Union or itsDirector, respectively.

(2) Countries of the Union not bound byArticles 22 to 26 may, until five years after theentry into force of the Convention establishingthe Organization, exercise, if they so desire, therights provided under Articles 22 to 26 of thisAct as if they were bound by those Articles. Anycountry desiring to exercise such rights shall givewritten notification to this effect to the DirectorGeneral; this notification shall be effective onthe date of its receipt. Such countries shall bedeemed to be members of the Assembly until theexpiration of the said period.

(3) As long as all the countries of the Unionhave not become Members of theOrganization, the International Bureau of theOrganization shall also function as the Bureauof the Union, and the Director General as theDirector of the said Bureau.

(4) Once all the countries of the Union havebecome Members of the Organization, therights, obligations, and property, of the Bureauof the Union shall devolve on the InternationalBureau of the Organization.

Protocol Regarding DevelopingCountries

Article 1

Any country regarded as a developing countryin conformity with the established practice ofthe General Assembly of the United Nationswhich ratifies or accedes to the Act of thisConvention of which this Protocol forms anintegral part and which, having regard to itseconomic situation and its social or culturalneeds, does not consider itself immediately in a

position to make provision for the protectionof all the rights as provided in the Act may, by anotification deposited with the DirectorGeneral, at the time of making a ratification oraccession which includes Article 21 of the Act,declare that it will, for a period of the first tenyears during which it is a party thereto, availitself of any or all of the following reservations:(a) substitute for the term of fifty years

referred to in paragraphs (1), (2) and (3) ofArticle 7 of this Convention a differentterm, provided that it shall not be less thantwenty-five years; and substitute for theterm of twenty-five years referred to inparagraph (4) of the said Article a differentterm, provided that it shall not be less thanten years;

(b) substitute, for Article 8 of this Conventionthe following provisions:(i) authors of literary and artistic works

protected by this Convention shallenjoy in countries other than thecountry of origin of their works theexclusive right of making and ofauthorizing the translation of theirworks throughout the term of protec-tion of their rights in the originalworks. Nevertheless, the exclusiveright of translation shall cease to existif the author shall not have availedhimself of it, during a term of ten yearsfrom the date of the first publication ofthe original work, by publishing orcausing to be published, in one of thecountries of the Union, a translationin the language for which protection isto be claimed;

(ii) if, after the expiration of a periodof three years from the date of thefirst publication of a literary orartistic work, or of any longer perioddetermined by national legislation ofthe developing country concerned, atranslation of such work has not beenpublished in that country into thenational or official or regional lan-guage or languages of that countryby the owner of the right of transla-tion or with his authorization,any national or such country mayobtain a non-exclusive license from


Appendix

46

the competent authority to translatethe work and publish the work sotranslated in any of the national orofficial or regional languages in whichit has not been published; providedthat such national, in accordance withthe procedure of the country con-cerned, establishes either that he hasrequested, and been denied, autho-rization by the proprietor of the rightto make and publish the translation,or that, after due diligence on his part,he was unable to find the owner of theright. A license may also be granted onthe same conditions if all previous edi-tions of a translation in such languagein that country are out of print;

(iii) if the owner of the right of translationcannot be found, then the applicantfor a license shall send copies of hisapplication to the publisher whosename appears on the work and, if thenationality of the owner of the right oftranslation is known, to the diplomaticor consular representative of the coun-try of which such owner is a national,or to the organization which may havebeen designated by the Government ofthat country. The license shall not begranted before the expiration of a periodof two months from the date of the dis-patch of the copies of the application;

(iv) due provision shall be made bydomestic legislation to assure to theowner of the right of translation a justcompensation, to assure payment andtransmittal of such compensation,subject to national currency regula-tions, and to assure a correct transla-tion of the work;

(v) the original title and the name of theauthor of the work shall be printed onall copies of the published translation.The license shall be valid only for pub-lication of the translation in the terri-tory of the country of the Union whereit has been applied for. Copies so pub-lished may be imported and sold inanother country of the Union if one ofthe national or official or regionallanguages of such other country is the

same language as that into which thework has been so translated, and if thedomestic law in such other countrymakes provision for such licenses anddoes not prohibit such importationand sale. Where the foregoing condi-tions do not exist, the importation andsale of such copies in a country of theUnion shall be governed by its domes-tic law and its agreements. The licenseshall not be transferable by thelicensee;

(vi) the license shall not be granted whenthe author has withdrawn from circu-lation all copies of the work;

(vii) should, however, the author avail him-self of the right under subparagraph (i)above during the term of ten yearsfrom the date of first publication, thelicense shall terminate from the date onwhich the author publishes or causes tobe published his translation in thecountry where the license has beengranted, provided, however, that anycopies of the translation already madebefore the license is terminated maycontinue to be sold;

(viii) should, however, the author not availhimself of the right under subparagraph(i) above during the said term of tenyears, compensation under the non-exclusive license referred to above shallcease to be due for any uses made afterthe expiry of such term;

(ix) should the author be entitled toexclusive translation rights in a countryby having published or caused to bepublished a translation of the work inthat country within ten years from thedate of first publication, but shouldthereafter during the term of theauthor’s copyright in the work all edi-tions of the authorized translation inthat country be out of print, then a non-exclusive license to translate the workmay be obtained from the competentauthority in the same manner and sub-ject to the same conditions as are pro-vided with respect to the nonexclusivelicense referred to in subparagraphs


Appendix

47

(ii) to (vi) above, but subject to theprovisions of subparagraph (vii) above;

(c) apply the provisions of Article 9(1) of thisConvention subject to the followingprovisions:(i) if, after the expiration of a period of

three years from the date of the firstpublication of a literary or artisticwork, or of any longer period deter-mined by national legislation of thedeveloping country concerned, suchwork has not been published in thatcountry in the original form in whichit was created, by the owner of theright of reproduction or with hisauthorization, any national of suchcountry may obtain a non-exclusivelicense from the, competent authorityto reproduce and publish such workfor educational or cultural purposes;provided that such national, in accor-dance with the procedure of the coun-try concerned, establishes either thathe has requested, and been denied,authorization by the proprietor of theright to reproduce and publish suchwork for educational or cultural pur-poses, or that, after due diligence onhis part, he was unable to find theowner of the right. A license may alsobe granted on the same conditions if allprevious editions of such work in itssaid original form in that country areout of print;

(ii) if the owner of the right of reproductioncannot be found, then the applicant fora license shall send copies of his applica-tion to the publisher whose nameappears on the work and, if the national-ity of the owner of the right of reproduc-tion is known, to the diplomatic orconsular representative of the country ofwhich such owner is a national, or to theorganization which may have been des-ignated by the Government of thatcountry. The license shall not be grantedbefore the expiration of a period of twomonths from the date of the dispatch ofthe copies of the application;

(iii) due provision shall be made bydomestic legislation to assure to the

owner of the right of reproduction ajust compensation, to assure pay-ment and transmittal of such com-pensation, subject to nationalcurrency regulations, and to assure anaccurate reproduction of the work;

(iv) the original title and the name of theauthor of the work shall be printedon all copies of the published repro-duction. The license shall be validonly for publication in the territoryof the country of the Union where ithas been applied for. Copies so pub-lished may be imported and sold inanother country of the Union foreducational or cultural purposes ifthe domestic law in such other coun-try makes provision for such licensesand does not prohibit such importa-tion and sale. Where the foregoingconditions do not exist, the importa-tion and sale of such copies in a coun-try of the Union shall be governed byits domestic law and its agreements.The license shall not be transferableby the licensee;

(v) the license shall not be granted whenthe author has withdrawn from cir-culation all copies of the work;

(vi) should, however, the author availhimself of the right to reproduce thework, the license shall terminatefrom the date on which the authorpublishes or causes to be publishedhis work in its said original form inthe country where the license hasbeen granted, provided, however,that any copies of the work alreadymade before the license is terminatedmay continue to be sold;

(vii) should the author publish or cause tobe published his work in its said ori-ginal form in a country, but shouldthereafter during the term of theauthor’s copyright in the work allauthorized editions in such originalform in that country be out of print,then a non-exclusive license toreproduce and publish the work maybe obtained from the competentauthority in the same manner and


Appendix

48

subject to the same conditions as areprovided with respect to the non-exclu-sive license referred to in subparagraphs(i) to (v) above, but subject to the pro-visions of subparagraph (vi) above;

(d ) substitute for paragraphs (1) and (2) ofArticle 11bis of this Convention thefollowing provisions:(i) authors of literary and artistic works

shall enjoy the exclusive right ofauthorizing the broadcasting of theirworks and the communication to thepublic of the broadcast of the works ifsuch communication is made forprofit-making purposes;

(ii) the national legislation of the coun-tries of the Union may regulate theconditions under which the rightmentioned in the preceding subpara-graph shall be exercised, but the effectof those conditions will be strictly lim-ited to the countries which have putthem in force. Such conditions shallnot in any case prejudice the moralrights of the author, nor the rightwhich belongs to the author to obtainan equitable remuneration which shallbe fixed, failing agreement, by thecompetent authority;

(e) reserve the right, exclusively for teaching,study and research in all fields of education,to restrict the protection of literary andartistic works, provided due provision shallbe made by domestic legislation to assure tothe author a compensation which conformsto standards of payment made to nationalauthors; the payment and transmittal ofsuch compensation shall be subject tonational currency regulations. Copies of awork published pursuant to reservationsunder this paragraph may be imported andsold in another country of the Union forpurposes as aforesaid if that country hasinvoked the said reservations and does notprohibit such importation and sale. Wherethe foregoing conditions do not exist, theimportation and sale of such copies in acountry of the Union which cannot takeadvantage of this Protocol are prohibited inthe absence of agreement of the author orhis successors in title.

Article 2

Any country which no longer needs tomaintain any or all of the reservations made inaccordance with Article 1 of this Protocol shallwithdraw such reservation or reservations bynotification deposited with the DirectorGeneral.

Article 3

Any country which has made reservations inaccordance with Article 1 of this Protocol, andwhich at the end of the period of ten years pre-scribed therein, having regard to its economicsituation and its social or cultural needs, stilldoes not consider itself in a position to with-draw the reservations under the said Article 1,may continue to maintain any or all of thereservations until it ratifies or accedes to the Actadopted by the next revision conference of thisConvention.

Article 4

If, in conformity with the established practice ofthe General Assembly of the United Nations, acountry should cease to be regarded as a devel-oping country, the Director General shall givenotification of such cessation to the countryconcerned and to all of the other countries of theUnion. At the expiry of a period of six years fromthe date of such notification the said countryshall no longer have the right to maintain any ofthe reservations under this Protocol.

Article 5

(1) Any country of the Union may declare, asfrom the signature of this Convention, and atany time before becoming bound by Articles 1to 21 of this Convention and by this Protocol,

(a) in the case of a country referred to inArticle 1 of this Protocol, that it intends toapply the provisions of this Protocol toworks whose country of origin is a countryof the Union which admits the applicationof the reservations under the Protocol, or

(b) that it admits the application of the provi-sions of the Protocol to works of which it isthe country of origin by countries which,on becoming bound by Articles 1 to 21 ofthis Convention and by this Protocol,or on making a declaration of applicationof this Protocol by virtue of the provision


Appendix

49

of subparagraph (a), have made reserva-tions permitted under this Protocol.

(2) The declaration shall be made in writingand shall be deposited with the DirectorGeneral. The declaration shall become effect-ive from the date it is deposited.

Article 6

Any country which is bound by the provisionsof this Protocol and which has made a declara-tion or notification under Article 31(1) of this

Convention in respect of territories which, onthe date of the signature of this Convention,are not responsible for their external relations,and the situation of which can be regarded asanalogous to that of the countries referred to inArticle 1 of this Protocol, may notify theDirector General that the provisions of thisProtocol shall apply to all or part of those territ-ories and may in such notification declare thatany such territory will avail itself of any or all ofthe reservations permitted by this Protocol.


berne convention for the protection of literary and

Documents