[Done at Paris on July 24, 1971]
(Appendix for developing country)
The countries of the Union, being equally animated by
the desire to protect, in as effective and uniform a manner as possible, the
rights of authors in their literary and artistic works,
Recognizing the importance of the work of the Revision
Conference held at Stockholm in 1967,
Have resolved to revise the Act adopted by the
Stockholm Conference, while maintaining without change Articles 1 to 20 and 22
to 26 of that Act.
Consequently, the undersigned Plenipotentiaries,
having presented their full powers, recognized as in good and due form, have
agreed as follows:
Article 1
The countries to which this Convention applies
constitute a Union for the protection of the rights of authors in their
literary and artistic works.
Article 2
(1) The expression "literary and artistic
works" shall include every production in the literary, scientific and
artistic domain, whatever may be the mode or form of its expression, such as
books, pamphlets and other writings; lectures, addresses, sermons and other
works of the same nature; dramatic or dramatico-musical works; choreographic
works and entertainments in dumb show; musical compositions with or without
words; cinematographic works to which are assimilated works expressed by a
process analogous to cinematography; works of drawing, painting, architecture,
sculpture, engraving and lithography; photographic works to which are
assimilated works expressed by a process analogous to photography; works of applied
art; illustrations, maps, plans, sketches and three-dimensional works relative
to geography, topography, architecture or science.
(2) It shall, however, be a matter for legislation in
the countries of the Union to prescribe that works in general or any specified
categories of works shall not be protected unless they have been fixed in some
material form.
(3) Translations, adaptations, arrangements of music
and other alterations of a literary or artistic work shall be protected as
original works without prejudice to the copyright in the original work.
(4) It shall be a matter for legislation in the
countries of the Union to determine the protection to be granted to official
texts of a legislative, administrative and legal nature, and to official translations
of such texts.
(5) Collections of literary or artistic works such as
encyclopaedias and anthologies which, by reason of the selection and
arrangement of their contents, constitute intellectual creations shall be
protected as such, without prejudice to the copyright in each of the works
forming part of such collections.
(6) The works mentioned in this article shall enjoy
protection in all countries of the Union. This protection shall operate for the
benefit of the author and his successors in title.
(7) Subject to the provisions of Article 7(4) of this
Convention, it shall be a matter for legislation in the countries of the Union
to determine the extent of the application of their laws to works of applied
art and industrial designs and models, as well as the conditions under which
such works, designs and models shall be protected. Works protected in the
country of origin solely as designs and models shall be entitled in another
country of the Union only to such special protection as is granted in that
country to designs and models; however, if no such special protection is
granted in that country, such works shall be protected as artistic works.
(8) The protection of this Convention shall not apply
to news of the day or to miscellaneous facts having the character of mere items
of press information.
Article 2bis
(1) It shall be a matter for legislation in the
countries of the Union to exclude, wholly or in part, from the protection
provided by the preceding Article political speeches and speeches delivered in
the course of legal proceedings.
(2) It shall also be a matter for legislation in the
countries of the Union to determine the conditions under which lectures,
addresses and other works of the same nature which are delivered in public may
be reproduced by the press, broadcast, communicated to the public by wire and
made the subject of public communication as envisaged in Article 11bis (1) of
this Convention, when such use is justified by the informatory purpose.
(3) Nevertheless, the author shall enjoy the exclusive
right of making a collection of his works mentioned in the preceding
paragraphs.
Article 3
(1) The protection of this Convention shall apply to:
(a) authors who are nationals of one of the countries
of the Union, for their works, whether published or not;
(b) authors who are not nationals of one of the
countries of the Union, for their works first published in one of those
countries, or simultaneously in a country outside the Union and in a country of
the Union.
(2) Authors who are not nationals of one of the
countries of the Union but who have their habitual residence in one of them
shall, for the purposes of this Convention, be assimilated to nationals of that
country.
(3) The expression "published works" means
works published with the consent of their authors, whatever may be the means of
manufacture of the copies, provided that the availability of such copies has
been such as to satisfy the reasonable requirements of the public, having
regard to the nature of the work. The performance of a dramatic,
dramatico-musical, cinematographic or musical work, the public recitation of a
literary work, the communication by wire or the broadcasting of literary or
artistic works, the exhibition of a work of art and the construction of a work
of architecture shall not constitute publication.
(4) A work shall be considered as having been
published simultaneously in several countries if it has been published in two
or more countries within thirty days of its first publication.
Article 4
The protection of this Convention shall apply, even if
the conditions of Article 3 are not fulfilled, to:
(a) authors of cinematographic works the maker of
which has his headquarters or habitual residence in one of the countries of the
Union;
(b) authors of works of architecture, erected in a
country of the Union or of other artistic works incorporated in a building or
other structure located in a country of the Union.
Article 5
(1) Authors shall enjoy, in respect of works for which
they are protected under this Convention, in countries of the Union other than
the country of origin, the rights which their respective laws do now or may
hereafter grant to their nationals, as well as the rights specially granted by
this Convention.
(2) The enjoyment and the exercise of these rights
shall not be subject to any formality; such enjoyment and such exercise shall
be independent of the existence of protection in the country of origin of the
work. Consequently, apart from the provisions of this Convention, the extent of
protection, as well as the means of redress afforded to the author to protect
his rights, shall be governed exclusively by the laws of the country where
protection is claimed.
(3) Protection in the country of origin is governed by
domestic law. However, when the author is not a national of the country of
origin of the work for which he is protected under this Convention, he shall
enjoy in that country the same rights as national authors.
(4) The country of origin shall be considered to be
(a) in the case of works first published in a country
of the Union, that country; in the case of works published simultaneously in
several countries of the Union which grant different terms of protection, the
country whose legislation grants the shortest term of protection;
(b) in the case of works published simultaneously in a
country outside the Union and in a country of the Union, the latter country;
(c) in the case of unpublished works or of works first
published in a country outside the Union, without simultaneous publication in a
country of the Union, the country of the Union of which the author is a
national, provided that:
(i) when these are cinematographic works the maker of
which has his headquarters or his habitual residence in a country of the Union,
the country of origin shall be that country, and
(ii) when these are works of architecture erected in a
country of the Union or other artistic works incorporated in a building or
other structure located in a country of the Union, the country of origin shall be
that country.
Article 6
(1) Where any country outside the Union fails to
protect in an adequate manner the works of authors who are nationals of one of
the countries of the Union, the latter country may restrict the protection
given to the works of authors who are, at the date of the first publication
thereof, nationals of the other country and are not habitually resident in one
of the countries of the Union. If the country of first publication avails
itself of this right, the other countries of the Union shall not be required to
grant to works thus subjected to special treatment a wider protection than that
granted to them in the country of first publication.
(2) No restrictions introduced by virtue of the
preceding paragraph shall affect the rights which an author may have acquired
in respect of a work published in a country of the Union before such
restrictions were put into force.
(3) The countries of the Union which restrict the
grant of copyright in accordance with this Article shall give notice thereof to
the Director General of the World Intellectual Property Organization
(hereinafter designated as "the Director General") by a written
declaration specifying the countries in regard to which protection is
restricted, and the restrictions to which rights of authors who are nationals
of those countries are subjected. The Director General shall immediately
communicate this declaration to all the countries of the Union.
Article 6bis
(1) Independently of the author's economic rights, and
even after the transfer of the said rights, the author shall have the right to
claim authorship of the work and to object to any distortion, mutilation or
other modification of, or other derogatory action in relation to, the said
work, which would be prejudicial to his honor or reputation.
(2) The rights granted to the author in accordance
with the preceding paragraph shall, after his death, be maintained, at least
until the expiry of the economic rights, and shall be exercisable by the
persons or institutions authorized by the legislation of the country where
protection is claimed. However, those countries whose legislation, at the
moment of their ratification of or accession to this Act, does not provide for
the protection after the death of the author of all the rights set out in the
preceding paragraph may provide that some of these rights may, after his death,
cease to be maintained.
(3) The means of redress for safeguarding the rights
granted by this Article shall be governed by the legislation of the country
where protection is claimed.
Article 7
(1) The term of protection granted by this Convention
shall be the life of the author and fifty years after his death.
(2) However, in the case of cinematographic works, the
countries of the Union may provide that the term of protection shall expire
fifty years after the work has been made available to the public with the
consent of the author, or, failing such an event within fifty years from the
making of such a work, fifty years after the making.
(3) In the case of anonymous or pseudonymous works,
the term of protection granted by this Convention shall expire fifty years
after the work has been lawfully made available to the public. However, when
the pseudonym adopted by the author leaves no doubt as to his identity, the
term of protection shall be that provided in paragraph (1). If the author of an
anonymous or pseudonymous work discloses his identity during the
above-mentioned period, the term of protection applicable shall be that
provided in paragraph (1). The countries of the Union shall not be required to
protect anonymous or pseudonymous works in respect of which it is reasonable to
presume that their author has been dead for fifty years.
(4) It shall be a matter for legislation in the
countries of the Union to determine the term of protection of photographic
works and that of works of applied art in so far as they are protected as
artistic works; however, this term shall last at least until the end of a
period of twenty-five years from the making of such a work.
(5) The term of protection subsequent to the death of
the author and the terms provided by paragraphs (2), (3) and (4), shall run
from the date of death or of the event referred to in those paragraphs, but
such terms shall always be deemed to begin on the 1 st of January of the year
following the death or such event.
(6) The countries of the Union may grant a term of
protection in excess of those provided by the preceding paragraphs.
(7) Those countries of the Union bound by the Rome Act
of this Convention, which grant, in their national legislation in force at the
time of signature of the present Act, shorter terms of protection than those
provided for in the preceding paragraphs, shall have the right to maintain such
terms when ratifying or acceding to the present Act.
(8) In any case, the term shall be governed by the
legislation of the country where protection is claimed; however, unless the
legislation of that country otherwise provides, the term shall not exceed the
term fixed in the country of origin of the work.
Article 7bis
The provisions of the preceding Article shall also
apply in the case of a work of joint authorship, provided that the terms
measured from the death of the author shall be calculated from the death of the
last surviving author.
Article 8
Authors of literary and artistic works protected by
this Convention shall enjoy the exclusive right of making and of authorizing
the translation of their works throughout the term of protection of their
rights in the original works.
Article 9
(1) Authors of literary and artistic works protected
by this Convention shall have the exclusive right of authorizing the
reproduction of these works, in any manner or form.
(2) It shall be a matter for legislation in the
countries of the Union to permit the reproduction of such works in certain
special cases, provided that such reproduction does not conflict with a normal
exploitation of the work and does not unreasonably prejudice the legitimate
interests of the author.
(3) Any sound or visual recording shall be considered
as a reproduction for the purposes of this Convention.
Article 10
(1) It shall be permissible to make quotations from a
work which has already been lawfully made available to the public, provided
that their making is compatible with fair practice, and their extent does not
exceed that justified by the purpose, including quotations from newspaper
articles and periodicals in the form of press summaries.
(2) It shall be a matter for legislation in the
countries of the Union, and for special agreements existing or to be concluded
between them, to permit the utilization, to the extent justified by the
purpose, of literary or artistic works by way of illustration in publications,
broadcasts or sound or visual recordings for teaching, provided such
utilization is compatible with fair practice.
(3) Where use is made of works in accordance with the
preceding paragraphs of this Article, mention shall be made of the source, and
of the name of the author, if it appears thereon.
Article 10bis
(1) It shall be a matter for legislation in the
countries of the Union to permit the reproduction by the press, the
broadcasting or the communication to the public by wire, of articles published
in newspapers or periodicals on current economic, political or religious
topics, and of broadcast works of the same character, in cases in which the
reproduction, broadcasting or such communication thereof is not expressly
reserved. Nevertheless, the source must always be clearly indicated; the legal
consequences of a breach of this obligation shall be determined by the
legislation of the country where protection is claimed.
(2) It shall also be a matter for legislation in the
countries of the Union to determine the conditions under which, for the purpose
of reporting current events by means of photography, cinematography,
broadcasting or communication to the public by wire, literary or artistic works
seen or heard in the course of the event may, to the extent justified by the
informatory purpose, be reproduced and made available to the public.
Article 11
(1) Authors of dramatic, dramatico-musical and musical
works shall enjoy the exclusive right of authorizing:
(i) the public performance of their works, including
such public performance by any means or process;
(ii) any communication to the public of the
performance of their works.
(2) Authors of dramatic or dramatico-musical works
shall enjoy, during the full term of their rights in the original works, the
same rights with respect to translations thereof.
Article 11bis
(1) Authors of literary and artistic works shall enjoy
the exclusive right of authorizing:
(i) the broadcasting of their works or the
communication thereof to the public by any other means of wireless diffusion of
signs, sounds or images;
(ii) any communication to the public by wire or by
rebroadcasting of the broadcast of the work, when this communication is made by
an organization other than the original one;
(iii) the public communication by loudspeaker or any
other analogous instrument transmitting, by signs, sounds or images, the
broadcast of the work.
(2) It shall be a matter for legislation in the
countries of the Union to determine the conditions under which the rights
mentioned in the preceding paragraph may be exercised, but these conditions
shall apply only in the countries where they have been prescribed. They shall
not in any circumstances be prejudicial to the moral rights of the author, nor
to his right to obtain equitable remuneration which, in the absence of
agreement, shall be fixed by competent authority.
(3) In the absence of any contrary stipulation,
permission granted in accordance with paragraph (1) of this Article shall not
imply permission to record, by means of instruments recording sounds or images,
the work broadcast. It shall, however, be a matter for legislation in the
countries of the Union to determine the regulations for ephemeral recordings
made by a broadcasting organization by means of its own facilities and used for
its own broadcasts. The preservation of these recordings in official archives
may, on the ground of their exceptional documentary character, be authorized by
such legislation.
Article 11ter
(1) Authors of literary works shall enjoy the
exclusive right of authorizing:
(i) the public recitation of their works, including
such public recitation by any means or process;
(ii) any communication to the public of the recitation
of their works.
(2) Authors of literary works shall enjoy, during the
full term of their rights in the original works, the same rights with respect
to translations thereof.
Article 12
Authors of literary or artistic works shall enjoy the
exclusive right of authorizing adaptations, arrangements and other alterations
of their works.
Article 13
(1) Each country of the Union may impose for itself
reservations and conditions on the exclusive right granted to the author of a
musical work and to the author of any words, the recording of which together
with the musical work has already been authorized by the latter, to authorize
the sound recording of that musical work, together with such words, if any; but
all such reservations and conditions shall apply only in the countries which
have imposed them and shall not, in any circumstances, be prejudicial to the
rights of these authors to obtain equitable remuneration which, in the absence
of agreement, shall be fixed by competent authority.
(2) Recordings of musical works made in a country of
the Union in accordance with Article 13 (3) of the Convention signed at Rome on
June 2, 1928, and at Brussels on June 26, 1948, may be reproduced in that
country without the permission of the author of the musical work until a date
two years after that country becomes bound by this Act.
(3) Recordings made in accordance with paragraphs (1)
and (2) of this Article and imported without permission from the parties
concerned into a country where they are treated as infringing recordings shall
be liable to seizure.
Article 14
(1) Authors of literary or artistic works shall have
the exclusive right of authorizing:
(i) the cinematographic adaptation and reproduction of
these works, and the distribution of the works thus adapted or reproduced;
(ii) the public performance and communication to the
public by wire of the works thus adapted or reproduced.
(2) The adaptation into any other artistic form of a
cinematographic production derived from literary or artistic works shall,
without prejudice to the authorization of the author of the cinematographic
production, remain subject to the authorization of the authors of the original
works.
(3) The provisions of Article 13 (1) shall not apply.
Article 14bis
(1) Without prejudice to the copyright in any work
which may have been adapted or reproduced, a cinematographic work shall be
protected as an original work. The owner of copyright in a cinematographic work
shall enjoy the same rights as the author of an original work, including the
rights referred to in the preceding Article.
(2) (a) Ownership of copyright in a
cinematographic work shall be a matter for legislation in the country where
protection is claimed.
(b) However, in the countries of the Union which, by
legislation include among the owners of copyright in a cinematographic work
authors who have brought contributions to the making of the work, such authors,
if they have undertaken to bring such contributions, may not, in the absence of
any contrary or special stipulation, object to the reproduction, distribution,
public performance, communication to the public by wire, broadcasting or any
other communication to the public, or to the subtitling or dubbing of texts, of
the work.
(c) The question whether or not the form of the
undertaking referred to above should, for the application of the preceding
subparagraph (b), be in a written agreement or a written act of the same effect
shall be a matter for the legislation of the country where the maker of the
cinematographic work has his headquarters or habitual residence. However, it
shall be a matter for the legislation of the country of the Union where protection
is claimed to provide that the said undertaking shall be in a written agreement
or a written act of the same effect. The countries whose legislation so
provides shall notify the Director General by means of a written declaration,
which will be immediately communicated by him to all the other countries of the
Union.
(d) By "contrary or special stipulation" is
meant any restrictive condition which is relevant to the aforesaid undertaking.
(3) Unless the national legislation provides to the
contrary, the provisions of paragraph (2) (b) above shall not be applicable to
authors of scenarios, dialogues and musical works created for the making of the
cinematographic work, nor to the principal director thereof. However, those
countries of the Union whose legislation does not contain rules providing for
the application of the said paragraph (2) (b) to such director shall notify the
Director General by means of a written declaration, which will be immediately
communicated by him to all the other countries of the Union.
Article 14ter
(1) The author, or after his death the persons or
institutions authorized by national legislation, shall, with respect to
original works of art and original manuscripts of writers and composers, enjoy
the inalienable right to an interest in any sale of the work subsequent to the
first transfer by the author of the work.
(2) The protection provided by the preceding paragraph
may be claimed in a country of the Union only if legislation in the country to
which the author belongs so permits, and to the extent permitted by the country
where this protection is claimed.
(3) The procedure for collection and the amounts shall
be matters for determination by national legislation.
Article 15
(1) In order that the author of a literary or artistic
work protected by this Convention shall, in the absence of proof to the
contrary, be regarded as such, and consequently be entitled to institute
infringement proceedings in the countries of the Union, it shall be sufficient
for his name to appear on the work in the usual manner. This paragraph shall be
applicable even if this name is a pseudonym, where the pseudonym adopted by the
author leaves no doubt as to his identity.
(2) The person or body corporate whose name appears on
a cinematographic work in the usual manner shall, in the absence of proof to
the contrary, be presumed to be the maker of the said work.
(3) In the case of anonymous and pseudonymous works,
other than those referred to in paragraph (1) above, the publisher whose name
appears on the work shall, in the absence of proof to the contrary, be deemed
to represent the author, and in this capacity be shall be entitled to protect
and enforce the author's rights. The provisions of this paragraph shall cease
to apply when the author reveals his identity and establishes his claim to
authorship of the work.
(4) (a) In the case of unpublished works where
the identity of the author is unknown, but where there is every ground to
presume that he is a national of a country of the Union, it shall be a matter
for legislation in that country to designate the competent authority who shall
represent the author and shall be entitled to protect and enforce his rights in
the countries of the Union.
(b) Countries of the Union which make such designation
under the terms of this provision shall notify the Director General by means of
a written declaration giving full information concerning the authority thus
designated. The Director General shall at once communicate this declaration to
all other countries of the Union.
Article 16
(1) Infringing copies of a work shall be liable to
seizure in any country of the Union where the work enjoys legal protection.
(2) The provisions of the preceding paragraph shall
also apply to reproductions coming from a country where the work is not
protected, or has ceased to be protected.
(3) The seizure shall take place in accordance with
the legislation of each country.
Article 17
The provisions of this Convention cannot in any way
affect the right of the Government of each country of the Union to permit, to
control, or to prohibit by legislation or regulation, the circulation,
presentation, or exhibition of any work or production in regard to which the
competent authority may find it necessary to exercise that right.
Article 18
(1) This Convention shall apply to all works which, at
the moment of its coming into force, have not yet fallen into the public domain
in the country of origin through the expiry of the term of protection.
(2) If, however, through the expiry of the term of
protection which was previously granted, a work has fallen into the public
domain of the country where protection is claimed, that work shall not be
protected anew.
(3) The application of this principle shall be subject
to any provisions contained in special conventions to that effect existing or
to be concluded between countries of the Union. In the absence of such
provisions, the respective countries shall determine, each in so far as it is
concerned, the conditions of application of this principle.
(4) The preceding provisions shall also apply in the
case of new accessions to the Union and to cases in which protection is
extended by the application of Article 7 or by the abandonment of reservations.
Article 19
The provisions of this Convention shall not preclude
the making of a claim to the benefit of any greater protection which may be
granted by legislation in a country of the Union.
Article 20
The Governments of the countries of the Union reserve
the right to enter into special agreements among themselves, in so far as such
agreements grant to authors more extensive rights than those granted by the
Convention, or contain other provisions not contrary to this Convention. The
provisions of existing agreements which satisfy these conditions shall remain
applicable.
Article 21
(1) Special provisions regarding developing countries
are included in the Appendix.
(2) Subject to the provisions of Article 28(1)(b), the
Appendix forms an integral part of this Act.
Article 22
(1) (a) The Union shall have an Assembly
consisting of those countries of the Union which are bound by Articles 22 to
26.
(b) The Government of each country shall be
represented by one delegate, who may be assisted by alternate delegates,
advisors, and experts.
(c) The expenses of each delegation shall be borne by
the Government which has appointed it.
(2) (a) The Assembly shall:
(i) deal with all matters concerning the maintenance
and development of the Union and the implementation of this Convention;
(ii) give directions concerning the preparation for
conferences of revision to the International Bureau of Intellectual Property
(hereinafter designated as "the International Bureau") referred to in
the Convention establishing the World Intellectual Property Organization'
(hereinafter designated as "the Organization"), due account being
taken of any comments made by those countries of the Union which are not bound
by Articles 22 to 26;
(iii) review and approve the reports and activities of
the Director General of the Organization concerning the Union, and give him all
necessary instructions concerning matters within the competence of the Union;
(iv) elect the members of the Executive Committee of
the Assembly;
(v) review and approve the reports and activities of
its Executive Committee, and give instructions to such Committee;
(vi) determine the program and adopt the triennial
budget of the Union, and approve its final accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees of experts and working
groups as may be necessary for the work of the Union;
(ix) determine which countries not members of the
Union and which intergovernmental and international non-governmental
organizations shall be admitted to its meetings as observers;
(x) adopt amendments to Articles 22 to 26;
(xi) take any other appropriate action designed to
further the objectives of the Union;
(xii) exercise such other functions as are appropriate
under this Convention;
(xiii) subject to its acceptance, exercise such rights
as are given to it in the Convention establishing the Organization.
(b) With respect to matters which are of interest also
to other Unions administered by the Organization, the Assembly shall make its
decisions after having heard the advice of the Coordination Committee of the
Organization.
(3) (a) Each country member of the Assembly shall
have one vote.
(b) One half of the countries members of the Assembly
shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph
(b), if, in any session, the number of countries represented is less than one
half but equal to or more than one third of the countries members of the
Assembly, the Assembly may make decisions but, with the exception of decisions
concerning its own procedure, all such decisions shall take effect only if the
following conditions are fulfilled. The International Bureau shall communicate
the said decisions to the countries members of the Assembly which were not
represented and shall invite them to express in writing their vote or
abstention within a period of three months from the date of the communication.
If, at the expiration of this period, the number of countries having thus
expressed their vote or abstention attains the number of countries which was
lacking for attaining the quorum in the session itself, such decisions shall
take effect provided that at the same time the required majority still obtains.
(d) Subject to the provisions of Article 26 (2), the
decisions of the Assembly shall require two thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of,
one country only.
(g) Countries of the Union not members of the Assembly
shall be admitted to its meetings as observers.
(4) (a) The Assembly shall meet once in every
third calendar year in ordinary session upon convocation by the Director
General and, in the absence of exceptional circumstances, during the same
period and at the same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session
upon convocation by the Director General, at the request of the Executive
Committee or at the request of one fourth of the countries members of the
Assembly.
(5) The Assembly shall adopt its own rules of
procedure.
Article 23
(1) The Assembly shall have an Executive Committee.
(2) (a) The Executive Committee shall consist of
countries elected by the Assembly from among countries members of the Assembly.
Furthermore, the country on whose territory the Organization has its
headquarters shall, subject to the provisions of Article 25 (7) (b), have an ex
officio seat on the Committee.
(b) The Government of each country member of the
Executive Committee shall be represented by one delegate, who may be assisted
by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by
the Government which has appointed it.
(3) The number of countries members of the Executive
Committee shall correspond to one fourth of the number of countries members of
the Assembly. In establishing the number of seats to be filled, remainders
after division by four shall be disregarded.
(4) In electing the members of the Executive
Committee, the Assembly shall have due regard to an equitable geographical
distribution and to the need for countries party to the Special Agreements
which might be established in relation with the Union to be among the countries
constituting the Executive Committee.
(5) (a) Each member of the Executive Committee
shall serve from the close of the session of the Assembly which elected it to
the close of the next ordinary session of the Assembly.
(b) Members of the Executive Committee may be
re-elected, but not more than two-thirds of them.
(c) The Assembly shall establish the details of the
rules governing the election and possible re-election of the members of the
Executive Committee.
(6) (a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly respecting the
draft program and triennial budget of the Union, prepared by the Director
General;
(iii) approve, within the limits of the program and
the triennial budget, the specific yearly budgets and programs prepared by the
Director General;
(iv) submit, with appropriate comments, to the
Assembly the periodical reports of the Director General and the yearly audit
reports on the accounts;
(v) in accordance with the decisions of the Assembly
and having regard to circumstances arising between two ordinary sessions of the
Assembly, take all necessary measures to ensure the execution of the program of
the Union by the Director General;
(vi) perform such other functions as are allocated to
it under this Convention.
(b) With respect to matters which are of interest also
to other Unions administered by the Organization, the Executive Committee shall
make its decisions after having heard the advice of the Coordination Committee
of the Organization.
(7) (a) The Executive Committee shall meet once a
year in ordinary session upon convocation by the Director General, preferably
during the same period and at the same place as the Coordination Committee of
the Organization.
(b) The Executive Committee shall meet in
extraordinary session upon convocation by the Director General, either on his
own initiative, or at the request of its Chairman or one fourth of its members.
(8) (a) Each country member of the Executive
Committee shall have one vote.
(b) One half of the members of the Executive Committee
shall constitute a quorum.
(c) Decisions shall be made by a simple majority of
the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of,
one country only.
(9) Countries of the Union not members of the
Executive Committee shall be admitted to its meetings as observers.
(10) The Executive Committee shall adopt its own rules
of procedure.
Article 24
(1) (a) The administrative tasks with respect to
the Union shall be performed by the International Bureau, which is a continuation
of the Bureau of the Union united with the Bureau of the Union established by
the International Convention for the Protection of Industrial Property.
(b) In particular, the International Bureau shall
provide the secretariat of the various organs of the Union.
(c) The Director General of the Organization shall be
the chief executive of the Union and shall represent the Union.
(2) The International Bureau shall assemble and
publish information concerning the protection of copyright. Each country of the
Union shall promptly communicate to the International Bureau all new laws and
official texts concerning the protection of copyright.
(3) The International Bureau shall publish a monthly
periodical.
(4) The International Bureau shall, on request,
furnish information to any country of the Union on matters concerning the
protection of copyright.
(5) The International Bureau shall conduct studies,
and shall provide services, designed to facilitate the protection of copyright.
(6) The Director General and any staff member
designated by him shall participate, without the right to vote, in all meetings
of the Assembly, the Executive Committee, and any other committee of experts or
working group. The Director General, or a staff member designated by him, shall
be ex officio secretary of these bodies.
(7) (a) The International Bureau shall, in
accordance with the directions of the Assembly and in cooperation with the
Executive Committee, make the preparations for the conferences of revision of
the provisions of the Convention other than Articles 22 to 26.
(b) The International Bureau may consult with
intergovernmental and international non-governmental organizations concerning
preparations for conferences of revision.
(c) The Director General and persons designated by him
shall take part, without the right to vote, in the discussions at these
conferences.
(8) The International Bureau shall carry out any other
tasks assigned to it.
Article 25
(1) (a) The Union shall have a budget.
(b) The budget of the Union shall include the income
and expenses proper to the Union, its contribution to the budget of expenses
common to the Unions, and, where applicable, the sum made available to the
budget of the Conference of the Organization.
(c) Expenses not attributable exclusively to the Union
but also to one or more other Unions administered by the Organization shall be
considered as expenses common to the Unions. The share of the Union in such
common expenses shall be in proportion to the interest the Union has in them.
(2) The budget of the Union shall be established with
due regard to the requirements of coordination with the budgets of the other
Unions administered by the Organization.
(3) The budget of the Union shall be financed from the
following sources:
(i) contributions of the countries of the Union;
(ii) fees and charges due for services performed by
the International Bureau in relation to the Union;
(iii)sale of, or royalties on, the publications of the
International Bureau concerning the Union;
(iv) gifts, bequests, and subventions;
(v) rents, interests, and other miscellaneous income.
(4) (a) For the purpose of establishing its
contribution towards the budget, each country of the Union shall belong to a
class, and shall pay its annual contributions on the basis of a number of units
fixed as follows:
Class I ________25
Class II ________20
Class III ________15
Class IV ________10
Class V ________5
Class VI ________3
Class VII ________1
(b) Unless it has already done so, each country shall
indicate, concurrently with depositing its instrument of ratification or
accession, the class to which it wishes to belong. Any country may change
class. If it chooses a lower class, the country must announce it to the
Assembly at one of its ordinary sessions. Any such change shall take effect at
the beginning of the calendar year following the session.
(c) The annual contribution of each country shall be
an amount in the same proportion to the total sum to be contributed to the
annual budget of the Union by all countries as the number of its units is to
the total of the units of all contributing countries.
(d) Contributions shall become due on the first of
January of each year.
(e) A country which is in arrears in the payment of
its contributions shall have no vote in any of the organs of the Union of which
it is a member if the amount of its arrears equals or exceeds the amount of the
contributions due from it for the preceding two full years. However, any organ
of the Union may allow such a country to continue to exercise its vote in that
organ if, and as long as, it is satisfied that the delay in payment is due to
exceptional and unavoidable circumstances.
(f) If the budget is not adopted before the beginning
of a new financial period, it shall be at the same level as the budget of the
previous year, in accordance with the financial regulations.
(5) The amount of the fees and charges due for
services rendered by the International Bureau in relation to the Union shall be
established, and shall be reported to the Assembly and the Executive Committee,
by the Director General.
(6) (a) The Union shall have a working capital
fund which shall be constituted by a single payment made by each country of the
Union. If the fund becomes insufficient, an increase shall be decided by the
Assembly.
(b) The amount of the initial payment of each country
to the said fund or of its participation in the increase thereof shall be a
proportion of the contribution of that country for the year in which the fund
is established or the increase decided.
(c) The proportion and the terms of payment shall be
fixed by the Assembly on the proposal of the Director General and after it has
heard the advice of the Coordination Committee of the Organization.
(7) (a) In the headquarters agreement concluded
with the country on the territory of which the Organization has its
headquarters, it shall be provided that, whenever the working capital fund is
insufficient, such country shall grant advances. The amount of these advances
and the conditions on which they are granted shall be the subject of separate
agreements, in each case, between such country and the Organization. As long as
it remains under the obligation to grant advances, such country shall have an
ex officio seat on the Executive Committee.
(b) The country referred to in subparagraph (a) and
the Organization shall each have the right to denounce the obligation to grant
advances, by written notification. Denunciation shall take effect three years
after the end of the year in which it has been notified.
(8) The auditing of the accounts shall be effected by
one or more of the countries of the Union or by external auditors, as provided
in the financial regulations. They shall be designated, with their agreement,
by the Assembly.
Article 26
(1) Proposals for the amendment of Articles 22, 23,
24, 25, and the present Article, may be initiated by any country member of the
Assembly, by the Executive Committee, or by the Director General. Such
proposals shall be communicated by the Director General to the member countries
of the Assembly at least six months in advance of their consideration by the
Assembly.
(2) Amendments to the Articles referred to in
paragraph (1) shall be adopted by the Assembly. Adoption shall require
three-fourths of the votes cast, provided that any amendment of Article 22, and
of the present paragraph, shall require four fifths of the votes cast.
(3) Any amendment to the Articles referred to in
paragraph (1) shall enter into force one month after written notifications of
acceptance, effected in accordance with their respective constitutional
processes, have been received by the Director General from three fourths of the
countries members of the Assembly at the time it adopted the amendment. Any
amendment to the said Articles thus accepted shall bind all the countries which
are members of the Assembly at the time the amendment enters into force, or
which become members thereof at a subsequent date, provided that any amendment
increasing the financial obligations of countries of the Union shall bind only
those countries which have notified their acceptance of such amendment.
Article 27
(1) This Convention shall be submitted to revision
with a view to the introduction of amendments designed to improve the system of
the Union.
(2) For this purpose, conferences shall be held
successively in one of the countries of the Union among the delegates of the
said countries.
(3) Subject to the provisions of Article 26 which
apply to the amendment of Articles 22 to 26, any revision of this Act,
including the Appendix, shall require the unanimity of the votes cast.
Article 28
(1) (a) Any country of the Union which has signed
this Act may ratify it, and, if it has not signed it, may accede to it.
Instruments of ratification or accession shall be deposited with the Director
General.
(b) Any country of the Union may declare in its
instrument of ratification or accession that its ratification or accession
shall not apply to Articles 1 to 21 and the Appendix, provided that, if such
country has previously made a declaration under Article VI(1) of the Appendix,
then it may declare in the said instrument only that its ratification or
accession shall not apply to Articles 1 to 20.
(c) Any country of the Union which, in accordance with
sub-paragraph (b), has excluded provisions therein referred to from the effects
of its ratification or accession may at any later time declare that it extends
the effects of its ratification or accession to those provisions. Such
declaration shall be deposited with the Director General.
(2) (a) Articles 1 to 21 and the Appendix shall
enter into force three months after both of the following two conditions are
fulfilled:
(i) at least five countries of the Union have ratified
or acceded to this Act without making a declaration under paragraph (1)(b),
(ii) France, Spain, the United Kingdom of Great
Britain and Northern Ireland, and the United States of America, have become
bound by the Universal Copyright Convention as revised at Paris on July 24,
1971.
(b) The entry into force referred to in sub-paragraph
(a) shall apply to those countries of the Union which, at least three months
before the said entry into force, have deposited instruments of ratification or
accession not containing a declaration under paragraph (1)(b).
(c) With respect to any country of the Union not
covered by sub-paragraph (b) and which ratifies or accedes to this Act without
making a declaration under paragraph (1)(b), Articles 1 to 21 and the Appendix
shall enter into force three months after the date on which the Director
General has notified the deposit of the relevant instrument of ratification or
accession, unless a subsequent date has been indicated in the instrument
deposited. In the latter case, Articles 1 to 21 and the Appendix shall enter
into force with respect to that country on the date thus indicated.
(d) The provisions of sub-paragraphs (a) to (c) do not
affect the application of Article VI of the Appendix.
(3) With respect to any country of the Union which
ratifies or accedes to this Act with or without a declaration made under
paragraph (1)(b), Articles 22 to 38 shall enter into force three months after
the date on which the Director General has notified the deposit of the relevant
instrument of ratification or accession, unless a subsequent date has been
indicated in the instrument deposited. In the latter case, Articles 22 to 38
shall enter into force with respect to that country on the date thus indicated.
Article 29
(1) Any country outside the Union may accede to this
Act and thereby become party to this Convention and a member of the Union.
Instruments of accession shall be deposited with the Director General.
(2) (a) Subject to sub-paragraph (b), this
Convention shall enter into force with respect to any country outside the Union
three months after the date on which the Director General has notified the
deposit of its instrument of accession, unless a subsequent date has been
indicated in the instrument deposited. In the latter case, this Convention
shall enter into force with respect to that country on the date thus indicated.
(b) If the entry into force according to sub-paragraph
(a) precedes the entry into force of Articles 1 to 21 and the Appendix
according to Article 28(2)(a), the said country shall, in the meantime, be bound,
instead of by Articles 1 to 21 and the Appendix, by Articles 1 to 20 of the
Brussels Act of this Convention.
Article 29bis
Ratification of or accession to this Act by any
country not bound by Articles 22 to 38 of the Stockholm Act of this Convention
shall, for the sole purposes of Article 14(2) of the Convention establishing
the Organization, amount to ratification of or accession to the said Stockholm
Act with the limitation set forth in Article 28(1)(b)(i) thereof.
Article 30
(1) Subject to the exceptions permitted by paragraph
(2) of this article, by Article 28(1)(b), by Article 33(2), and by the
Appendix, ratification or accession shall automatically entail acceptance of
all the provisions and admission to all the advantages of this Convention.
(2) (a) Any country of the Union ratifying or
acceding to this Act may, subject to Article V(2) of the Appendix, retain the
benefit of the reservations it has previously formulated on condition that it
makes a declaration to that effect at the time of the deposit of its instrument
of ratification or accession.
(b) Any country outside the Union may declare, in
acceding to this Convention and subject to Article V(2) of the Appendix, that
it intends to substitute, temporarily at least, for Article 8 of this Act
concerning the right of translation, the provisions of Article 5 of the Union
Convention of 1886, as completed at Paris in 1896, on the clear understanding
that the said provisions are applicable only to translations into a language in
general use in the said country. Subject to Article I(6)(b) of the Appendix,
any country has the right to apply, in relation to the right of translation of
works whose country of origin is a country availing itself of such a
reservation, a protection which is equivalent to the protection granted by the
latter country.
(c) Any country may withdraw such reservations at any
time by notification addressed to the Director General.
Article 31
(1) Any country may declare in its instrument of
ratification or accession, or may inform the Director General by written
notification at any time thereafter, that this Convention shall be applicable
to all or part of those territories, designated in the declaration or
notification, for the external relations of which it is responsible.
(2) Any country which has made such a declaration or
given such a notification may, at any time, notify the Director General that
this Convention shall cease to be applicable to all or part of such
territories.
(3) (a) Any declaration made under paragraph (1)
shall take effect on the same date as the ratification or accession in which it
was included, and any notification given under that paragraph shall take effect
three months after its notification by the Director General.
(b) Any notification given under paragraph (2) shall
take effect twelve months after its receipt by the Director General.
(4) This article shall in no way be understood as
implying the recognition or tacit acceptance by a country of the Union of the
factual situation concerning a territory to which this Convention is made
applicable by another country of the Union by virtue of a declaration under
paragraph (1).
Article 32
(1) This Act shall, as regards relations between the
countries of the Union, and to the extent that it applies, replace the Berne
Convention of September 9, 1886, and the subsequent Acts of revision. The Acts
previously in force shall continue to be applicable, in their entirety or to
the extent that this Act does not replace them by virtue of the preceding sentence,
in relations with countries of the Union which do not ratify or accede to this
Act.
(2) Countries outside the Union which become party to
this Act shall, subject to paragraph (3), apply it with respect to any country
of the Union not bound by this Act or which, although bound by this Act, has
made a declaration pursuant to Article 28(1)(b). Such countries recognize that
the said country of the Union, in its relations with them:
(i) may apply the provisions of the most recent Act by
which it is bound, and
(ii) subject to Article I(6) of the Appendix, has the
right to adapt the protection to the level provided for by this Act.
(3) Any country which has availed itself of any of the
faculties provided for in the Appendix may apply the provisions of the Appendix
relating to the faculty or faculties of which it has availed itself in its
relations with any other country of the Union which is not bound by this Act,
provided that the latter country has accepted the application of the said
provisions.
Article 33
(1) Any dispute between two or more countries of the
Union concerning the interpretation or application of this Convention, not
settled by negotiation, may, by any one of the countries concerned, be brought
before the International Court of Justice by application in conformity with the
Statute of the Court, unless the countries concerned agree on some other method
of settlement. The country bringing the dispute before the Court shall inform
the International Bureau; the International Bureau shall bring the matter to
the attention of the other countries of the Union.
(2) Each country may, at the time it signs this Act or
deposits its instrument of ratification or accession, declare that it does not
consider itself bound by the provisions of paragraph (1). With regard to any
dispute between such country and any other country of the Union, the provisions
of paragraph (1) shall not apply.
(3) Any country having made a declaration in
accordance with the provisions of paragraph (2) may, at any time, withdraw its
declaration by notification addressed to the Director General.
Article 34
(1) Subject to Article 29bis, no country may ratify or
accede to earlier Acts of this Convention once Articles 1 to 21 and the
Appendix have entered into force.
(2) Once Articles 1 to 21 and the Appendix have
entered into force, no country may make a declaration under Article 5 of the
Protocol Regarding Developing Countries attached to the Stockholm Act.
Article 35
(1) This Convention shall remain in force without
limitation as to time.
(2) Any country may denounce this Act by notification
addressed to the Director General. Such denunciation shall constitute also
denunciation of all earlier Acts and shall affect only the country making it,
the Convention remaining in full force and effect as regards the other
countries of the Union.
(3) Denunciation shall take effect one year after the
day on which the Director General has received the notification.
(4) The right of denunciation provided by this article
shall not be exercised by any country before the expiration of five years from
the date upon which it becomes a member of the Union.
Article 36
(1) Any country party to this Convention undertakes to
adopt, in accordance with its constitution, the measures necessary to ensure the
application of this Convention.
(2) It is understood that, at the time a country
becomes bound by this Convention, it will be in a position under its domestic
law to give effect to the provisions of this Convention.
Article 37
(1) (a) This Act shall be signed in a single copy
in the French and English languages and, subject to paragraph (2), shall be
deposited with the Director General.
(b) Official texts shall be established by the
Director General, after consultation with the interested Governments, in the
Arabic, German, Italian, Portuguese and Spanish languages, and such other
languages as the Assembly may designate.
(c) In case of differences of opinion on the
interpretation of the various texts, the French text shall prevail.
(2) This Act shall remain open for signature until
January 31, 1972. Until that date, the copy referred to in paragraph (1)(a)
shall be deposited with the Government of the French Republic.
(3) The Director General shall certify and transmit
two copies of the signed text of this Act to the Governments of all countries
of the Union and, on request, to the Government of any other country.
(4) The Director General shall register this Act with
the Secretariat of the United Nations.
(5) The Director General shall notify the Governments
of all countries of the Union of signatures, deposits of instruments of
ratification or accession and any declarations included in such instruments or
made pursuant to Articles 28(1)(c), 30(2)(a) and (b), and 33(2), entry into
force of any provisions of this Act, notifications of denunciation, and
notifications pursuant to Articles 30(2)(c), 31(1) and (2), 33(3), and 38(1),
as well as the Appendix.
Article 38
(1) Countries of the Union which have not ratified or
acceded to this Act and which are not bound by Articles 22 to 26 of the
Stockholm Act of this Convention may, until April 26, 1975, exercise, if they
so desire, the rights provided under the said articles as if they were bound by
them. Any country desiring to exercise such rights shall give written
notification to this effect to the Director General; this notification shall be
effective on the date of its receipt. Such countries shall be deemed to be
members of the Assembly until the said date.
(2) As long as all the countries of the Union have not
become Members of the Organization, the International Bureau of the
Organization shall also function as the Bureau of the Union, and the Director
General as the Director of the said Bureau.
(3) Once all the countries of the Union have become Members
of the Organization, the rights, obligations, and property, of the Bureau of
the Union shall devolve on the International Bureau of the Organization.
Appendix for Developing Countries
Article I
(1) Any country regarded as a developing country in conformity
with the established practice of the General Assembly of the United Nations
which ratifies or accedes to this Act, of which this Appendix forms an integral
part, and which, having regard to its economic situation and its social or
cultural needs, does not consider itself immediately in a position to make
provision for the protection of all the rights as provided for in this Act,
may, by a notification deposited with the Director General at the time of
depositing its instrument of ratification or accession or, subject to Article
V(1)(c), at any time thereafter, declare that it will avail itself of the
faculty provided for in Article II, or of the faculty provided for in Article
III, or of both of those faculties. It may, instead of availing itself of the
faculty provided for in Article II, make a declaration according to Article
V(1)(a).
(2) (a) Any declaration under paragraph (1)
notified before the expiration of the period of ten years from the entry into
force of Articles 1 to 21 and this Appendix according to Article 28(2) shall be
effective until the expiration of the said period. Any such declaration may be
renewed in whole or in part for periods of ten years each by a notification
deposited with the Director General not more than 15 months and not less than
three months before the expiration of the ten-year period then running.
(b) Any declaration under paragraph (1) notified after
the expiration of the period of ten years from the entry into force of Articles
1 to 21 and this Appendix according to Article 28(2) shall be effective until
the expiration of the ten-year period then running. Any such declaration may be
renewed as provided for in the second sentence of sub-paragraph (a).
(3) Any country of the Union which has ceased to be
regarded as a developing country as referred to in paragraph (1) shall no
longer be entitled to renew its declaration as provided in paragraph (2), and,
whether or not it formally withdraws its declaration, such country shall be
precluded from availing itself of the faculties referred to in paragraph (1)
from the expiration of the ten-year period then running or from the expiration
of a period of three years after it has ceased to be regarded as a developing
country, whichever period expires later.
(4) Where, at the time when the declaration made under
paragraph (1) or (2) ceases to be effective, there are copies in stock which
were made under a license granted by virtue of this Appendix, such copies may
continue to be distributed until their stock is exhausted.
(5) Any country which is bound by the provisions of
this Act and which has deposited a declaration or a notification in accordance
with Article 31(1) with respect to the application of this Act to a particular
territory, the situation of which can be regarded as analogous to that of the
countries referred to in paragraph (1), may, in respect of such territory, make
the declaration referred to in paragraph (1) and the notification of renewal
referred to in paragraph (2). As long as such declaration or notification
remains in effect, the provisions of this Appendix shall be applicable to the
territory in respect of which it was made.
(6) (a) The fact that a country avails itself of
any of the faculties referred to in paragraph (1) does not permit another
country to give less protection to works of which the country of origin is the
former country than it is obliged to grant under Articles 1 to 20.
(b) The right to apply reciprocal treatment provided
for in Article 30(2)(b), second sentence, shall not, until the date on which
the period applicable under Article I(3) expires, be exercised in respect of
works the country of origin of which is a country which has made a declaration
according to Article V(1)(a).
Article II
(1) Any country which has declared that it will avail
itself of the faculty provided for in this Article shall be entitled, so far as
works published in printed or analogous forms of reproduction are concerned, to
substitute for the exclusive right of translation provided for in Article 8 a
system of non-exclusive and non-transferable licenses, granted by the competent
authority under the following conditions and subject to Article IV.
(2) (a) Subject to paragraph (3), if, after the
expiration of a period of three years, or of any longer period determined by
the national legislation of the said country, commencing on the date of the
first publication of the work, a translation of such work has not been
published in a language in general use in that country by the owner of the
right of translation, or with his authorization, any national of such country
may obtain a license to make a translation of the work in the said language and
publish the translation in printed or analogous forms of reproduction.
(b) A license under the conditions provided for in
this Article may also be granted if all the editions of the translation
published in the language concerned are out of print.
(3) (a) In the case of translations into a
language which is not in general use in one or more developed countries which
are members of the Union, a period of one year shall be substituted for the
period of three years referred to in paragraph (2)(a).
(b) Any country referred to in paragraph (1) may, with
the unanimous agreement of the developed countries which are members of the
Union and in which the same language is in general use, substitute, in the case
of translations into that language, for the period of three years referred to
in paragraph (2)(a) a shorter period as determined by such agreement but not
less than one year. However, the provisions of the foregoing sentence shall not
apply where the language in question is English, French or Spanish. The
Director General shall be notified of any such agreement by the Governments
which have concluded it.
(4) (a) No license obtainable after three years
shall be granted under this Article until a further period of six months has
elapsed, and no license obtainable after one year shall be granted under this
Article until a further period of nine months has elapsed
(i) from the date on which the applicant complies with
the requirements mentioned in Article IV(1), or
(ii) where the identity or the address of the owner of
the right of translation is unknown, from the date on which the applicant
sends, as provided for in Article IV(2), copies of his application submitted to
the authority competent to grant the license.
(b) If, during the said period of six or nine months,
a translation in the language in respect of which the application was made is
published by the owner of the right of translation or with his authorization,
no license under this Article shall be granted.
(5) Any license under this Article shall be granted
only for the purpose of teaching, scholarship or research.
(6) If a translation of a work is published by the owner
of the right of translation or with his authorization at a price reasonably
related to that normally charged in the country for comparable works, any
license granted under this Article shall terminate if such translation is in
the same language and with substantially the same content as the translation
published under the licence. Any copies already made before the license
terminated may continue to be distributed until their stock is exhausted.
(7) For works which are composed mainly of
illustrations, a license to make and publish a translation of the text and to
reproduce and publish the illustrations may be granted only if the conditions
of Article III are also fulfilled.
(8) No licence shall be granted under this Article
when the author has withdrawn from circulation all copies of his work.
(9) (a) A license to make a translation of a work
which has been published in printed or analogous forms of reproduction may also
be granted to any broadcasting organization having its headquarters in a
country referred to in paragraph (1), upon an application made to the competent
authority of that country by the said organization, provided that all of the
following conditions are met:
(i) the translation is made from a copy made and
acquired in accordance with the laws of the said country;
(ii) the translation is only for use in broadcasts
intended exclusively for teaching or for the dissemination of the results of
specialized technical or scientific research to experts in a particular
profession;
(iii)the translation is used exclusively for the
purposes referred to in condition (ii) through broadcasts made lawfully and
intended for recipients on the territory of the said country, including
broadcasts made through the medium of sound or visual recordings lawfully and
exclusively made for the purpose of such broadcasts;
(iv) all uses made of the translation are without any
commercial purpose.
(b) Sound or visual recordings of a translation which
was made by a broadcasting organization under a license granted by virtue of
this paragraph may, for the purposes and subject to the conditions referred to
in subparagraph (a) and with the agreement of that organization, also be used
by any other broadcasting organization having its headquarters in the country
whose competent authority granted the license in question.
(c) Provided that all of the criteria and conditions
set out in subparagraph (a) are met, a license may also be granted to a
broadcasting organization to translate any text incorporated in an audio-visual
fixation where such fixation was itself prepared and published for the sole
purpose of being used in connection with systematic instructional activities.
(d) Subject to subparagraphs (a) to (c), the
provisions of the preceding paragraphs shall apply to the grant and exercise of
any license granted under this paragraph.
Article III
(1) Any country which has declared that it will avail
itself of the faculty provided for in this Article shall be entitled to
substitute for the exclusive right of reproduction provided for in Article 9 a
system of non-exclusive and non-transferable licenses, granted by the competent
authority under the following conditions and subject to Article IV.
(2) (a) If, in relation to a work to which this
article applies by virtue of paragraph (7), after the expiration of
(i) the relevant period specified in paragraph (3),
commencing on the date of first publication of a particular edition of the
work, or
(ii) any longer period determined by national
legislation of the country referred to in paragraph (1), commencing on the same
date,
copies of such edition have not been distributed in
that country to the general public or in connection with systematic
instructional activities, by the owner of the right of reproduction or with his
authorization, at a price reasonably related to that normally charged in the
country for comparable works, any national of such country may obtain a license
to reproduce and publish such edition at that or a lower price for use in
connection with systematic instructional activities.
(b) A license to reproduce and publish an edition
which has been distributed as described in sub-paragraph (a) may also be
granted under the conditions provided for in this article if, after the
expiration of the applicable period, no authorized copies of that edition have
been on sale for a period of six months in the country concerned to the general
public or in connection with systematic instructional activities at a price
reasonably related to that normally charged in the country for comparable
works.
(3) The period referred to in paragraph (2)(a)(i)
shall be five years, except that
(i) for works of the natural and physical sciences,
including mathematics, and of technology, the period shall be three years;
(ii) for works of fiction, poetry, drama and music,
and for art books, the period shall be seven years.
(4) (a) No license obtainable after three years
shall be granted under this article until a period of six months has elapsed
(i) from the date on which the applicant complies with
the requirements mentioned in Article IV(1), or
(ii) where the identity or the address of the owner of
the right of reproduction is unknown, from the date on which the applicant
sends, as provided for in Article IV(2), copies of his application submitted to
the authority competent to grant the license.
(b) Where licenses are obtainable after other periods
and Article IV(2) is applicable, no license shall be granted until a period of
three months has elapsed from the date of the dispatch of the copies of the
application.
(c) If, during the period of six or three months
referred to in sub-paragraphs (a) and (b), a distribution as described in
paragraph (2)(a) has taken place, no license shall be granted under this
article.
(d) No license shall be granted if the author has
withdrawn from circulation all copies of the edition for the reproduction and
publication of which the license has been applied for.
(5) A license to reproduce and publish a translation
of a work shall not be granted under this article in the following cases:
(i) where the translation was not published by the
owner of the right of translation or with his authorization, or
(ii) where the translation is not in a language in
general use in the country in which the license is applied for.
(6) If copies of an edition of a work are distributed
in the country referred to in paragraph (1) to the general public or in
connection with systematic instructional activities, by the owner of the right
of reproduction or with his authorization, at a price reasonably related to
that normally charged in the country for comparable works, any license granted
under this article shall terminate if such edition is in the same language and
with substantially the same content as the edition which was published under
the said license. Any copies already made before the license terminates may
continue to be distributed until their stock is exhausted.
(7) (a) Subject to sub-paragraph (b), the works
to which this article applies shall be limited to works published in printed or
analogous forms of reproduction.
(b) This article shall also apply to the reproduction
in audio-visual form of lawfully made audio-visual fixations including any
protected works incorporated therein and to the translation of any incorporated
text into a language in general use in the country in which the license is
applied for, always provided that the audio-visual fixations in question were
prepared and published for the sole purpose of being used in connection with
systematic instructional activities.
Article IV
(1) A license under Article II or Article III may be
granted only if the applicant, in accordance with the procedure of the country
concerned, establishes either that he has requested, and has been denied, authorization
by the owner of the right to make and publish the translation or to reproduce
and publish the edition, as the case may be, or that, after due diligence on
his part, he was unable to find the owner of the right. At the same time as
making the request, the applicant shall inform any national or international
information center referred to in paragraph (2).
(2) If the owner of the right cannot be found, the
applicant for a license shall send, by registered airmail, copies of his
application, submitted to the authority competent to grant the license, to the
publisher whose name appears on the work and to any national or international
information center which may have been designated, in a notification to that
effect deposited with the Director General, by the Government of the country in
which the publisher is believed to have his principal place of business.
(3) The name of the author shall be indicated on all
copies of the translation or reproduction published under a license granted
under Article II or Article III. The title of the work shall appear on all such
copies. In the case of a translation, the original title of the work shall
appear in any case on all the said copies.
(4) (a) No license granted under Article II or
Article III shall extend to the export of copies, and any such license shall be
valid only for publication of the translation or of the reproduction, as the
case may be, in the territory of the country in which it has been applied for.
(b) For the purposes of sub-paragraph (a), the notion
of export shall include the sending of copies from any territory to the country
which, in respect of that territory, has made a declaration under Article I(5).
(c) Where a governmental or other public entity of a
country which has granted a license to make a translation under Article II into
a language other than English, French or Spanish sends copies of a translation
published under such license to another country, such sending of copies shall
not, for the purposes of sub-paragraph (a), be considered to constitute export
if all of the following conditions are met:
(i) the recipients are individuals who are nationals
of the country whose competent authority has granted the license, or
organizations grouping such individuals;
(ii) the copies are to be used only for the purpose of
teaching, scholarship or research;
(iii) the sending of the copies and their subsequent
distribution to recipients is without any commercial purpose; and
(iv) the country to which the copies have been sent
has agreed with the country whose competent authority has granted the license
to allow the receipt, or distribution, or both, and the Director General has
been notified of the agreement by the Government of the country in which the
license has been granted.
(5) All copies published under a license granted by
virtue of Article II or Article III shall bear a notice in the appropriate
language stating that the copies are available for distribution only in the
country or territory to which the said license applies.
(6) (a) Due provision shall be made at the
national level to ensure
(i) that the license provides, in favor of the owner
of the right of translation or of reproduction, as the case may be, for just
compensation that is consistent with standards of royalties normally operating
on licenses freely negotiated between persons in the two countries concerned,
and
(ii) payment and transmittal of the compensation:
should national currency regulations intervene, the competent authority shall
make all efforts, by the use of international machinery, to ensure transmittal
in internationally convertible currency or its equivalent.
(b) Due provision shall be made by national
legislation to ensure a correct translation of the work, or an accurate
reproduction of the particular edition, as the case may be.
Article V
(1) (a) Any country entitled to make a
declaration that it will avail itself of the faculty provided for in Article II
may, instead, at the time of ratifying or acceding to this Act:
(i) if it is a country to which Article 30(2)(a)
applies, make a declaration under that provision as far as the right of
translation is concerned;
(ii) if it is a country to which Article 30(2)(a) does
not apply, and even if it is not a country outside the Union, make a
declaration as provided for in Article 30(2)(b), first sentence.
(b) In the case of a country which ceases to be regarded
as a developing country as referred to in Article I(1), a declaration made
according to this paragraph shall be effective until the date on which the
period applicable under Article I(3) expires.
(c) Any country which has made a declaration according
to this paragraph may not subsequently avail itself of the faculty provided for
in Article II even if it withdraws the said declaration.
(2) Subject to paragraph (3), any country which has
availed itself of the faculty provided for in Article II may not subsequently
make a declaration according to paragraph (1).
(3) Any country which has ceased to be regarded as a
developing country as referred to in Article I(1) may, not later than two years
prior to the expiration of the period applicable under Article I(3), make a
declaration to the effect provided for in Article 30(2)(b), first sentence,
notwithstanding the fact that it is not a country outside the Union. Such
declaration shall take effect at the date on which the period applicable under
Article I(3) expires.
Article VI
(1) Any country of the Union may declare, as from the
date of this Act, and at any time before becoming bound by Articles 1 to 21 and
this Appendix:
(i) if it is a country which, were it bound by
Articles 1 to 21 and this Appendix, would be entitled to avail itself of the
faculties referred to in Article I(1), that it will apply the provisions of
Article II or of Article III or of both to works whose country of origin is a
country which, pursuant to (ii) below, admits the application of those articles
to such works, or which is bound by Articles 1 to 21 and this Appendix; such
declaration may, instead of referring to Article II, refer to Article V;
(ii) that it admits the application of this Appendix
to works of which it is the country of origin by countries which have made a
declaration under (i) above or a notification under Article I.
(2) Any declaration made under paragraph (1) shall be
in writing and shall be deposited with the Director General. The declaration
shall become effective from the date of its deposit.
IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed this Act.
DONE at Paris on July 24, 1971.