WIPO COPYRIGHT TREATY (WCT)
(1996)
WITH THE AGREED STATEMENTS OF THE DIPLOMATIC CONFERENCE THAT
ADOPTED THE TREATY AND THE PROVISIONS OF THE BERNE CONVENTION ( 1971) REFERRED
TO IN THE TREATY WIPO COPYRIGHT TREATY (WCT) (1996)
CONTENTS
Preamble
Article 1: Relation to the Berne
Convention
Article 2: Scope of Copyright
Protection
Article 3: Application of
Articles 2 to 6 of the Berne Convention
Article 4: Computer Programs
Article 5: Compilations of Data
(Databases)
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Article 7: Right of Rental
Article 8: Right of
Communication to the Public
Article 9: Duration of the
Protection of Photographic Works
Article 10: Limitations and
Exceptions
Article 11: Obligations
concerning Technological Measures
Article 12: Obligations
concerning Rights Management Information
Article 13: Application in Time
Article 14: Provisions on
Enforcement of Rights
Article 15: Assembly
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Article 17: Eligibility for
Becoming Party to the Treaty
Article 18: Rights and Obligations
under the Treaty
Article 19: Signature of the
Treaty
Article 20: Entry into Force of
the Treaty
Article 21: Effective Date of
Becoming Party to the Treaty
Article 22: No Reservations to
the Treaty
Article 23: Denunciation of the
Treaty
Article 24: Languages of the
Treaty
Article 25: Depositary
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The Contracting Parties,
Desiring to develop and maintain
the protection of the rights of authors in their literary and artistic works in
a manner as effective and uniform as possible,
Recognizing the need to
introduce new international rules and clarify the interpretation of certain
existing rules in order to provide adequate solutions to the questions raised
by new economic, social, cultural and technological developments,
Recognizing the profound impact
of the development and convergence of information and communication
technologies on the creation and use of literary and artistic works,
Emphasizing the outstanding
significance of copyright protection as an incentive for literary and artistic
creation,
Recognizing the need to maintain
a balance between the rights of authors and the larger public interest,
particularly education, research and access to information, as reflected in the
Berne Convention,
Have agreed as follows:
Article 1
Relation
to the Berne Convention
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(2) Nothing in this Treaty shall
derogate from existing obligations that Contracting Parties have to each other
under the Berne Convention for the Protection of Literary and Artistic Works.
(3) Hereinafter, "Berne
Convention" shall refer to the Paris Act of July 24, 1971 of the
Berne Convention for the Protection of Literary and Artistic Works.
(4) Contracting Parties shall
comply with Articles 1 to 21 and the Appendix of the Berne Convention.
Article 2
Scope of
Copyright Protection
Copyright protection extends to
expressions and not to ideas, procedures, methods of operation or mathematical
concepts as such.
Article 3
Application
of Articles 2 to 6 of the Berne Convention
Contracting Parties shall apply
mutatis mutandis the provisions of Articles 2 to 6 of the Berne Convention in
respect of the protection provided for in this Treaty.
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Computer
Programs
Computer programs are protected
as literary works within the meaning of Article 2 of the Berne Convention. Such
protection applies to computer programs, whatever may be the mode or form of
their expression.
Article 5
Compilations
of Data (Databases)
Compilations of data or other
material, in any form, which by reason of the selection or arrangement of their
contents constitute intellectual creations, are protected as such. This
protection does not extend to the data or the material itself and is without
prejudice to any copyright subsisting in the data or material contained in the
compilation.
Article 6
Right of
Distribution
(1) Authors of literary and
artistic works shall enjoy the exclusive right of authorizing the making
available to the public of the original and copies of their works through sale
or other transfer of ownership.
(2) Nothing in this Treaty shall
affect the freedom of Contracting Parties to determine the conditions, if any, under
which the exhaustion of the right in paragraph (1) applies after the first sale
or other transfer of ownership of the original or a copy of the work with the
authorization of the author.
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Right of
Rental
(1) Authors of
(i) computer programs;
(ii) cinematographic works; and
(iii) works embodied in
phonograms, as determined in the national law of Contracting Parties,
shall enjoy the exclusive right
of authorizing commercial rental to the public of the originals or copies of
their works.
(2) Paragraph (1) shall not
apply
(i) in the case of computer
programs, where the program itself is not the essential object of the rental;
and
(ii) in the case of
cinematographic works, unless such commercial rental has led to widespread
copying of such works materially impairing the exclusive right of reproduction.
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Article 8
Right of
Communication to the Public
Without prejudice to the
provisions of Articles 11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii)
and 14bis(1) of the Berne Convention, authors of literary and artistic works
shall enjoy the exclusive right of authorizing any communication to the public
of their works, by wire or wireless means, including the making available to
the public of their works in such a way that members of the public may access
these works from a place and at a time individually chosen by them.
Article 9
Duration
of the Protection of Photographic Works
In respect of photographic
works, the Contracting Parties shall not apply the provisions of Article 7(4)
of the Berne Convention.
Article 10
Limitations
and Exceptions
(1) Contracting Parties may, in
their national legislation, provide for limitations of or exceptions to the
rights granted to authors of literary and artistic works under this Treaty in
certain special cases that do not conflict with a normal exploitation of the
work and do not unreasonably prejudice the legitimate interests of the author.
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Article 11
Obligations
concerning Technological Measures
Contracting Parties shall
provide adequate legal protection and effective legal remedies against the circumvention
of effective technological measures that are used by authors in connection with
the exercise of their rights under this Treaty or the Berne Convention and that
restrict acts, in respect of their works, which are not authorized by the
authors concerned or permitted by law.
Article 12
Obligations
concerning Rights Management Information
(1) Contracting Parties shall
provide adequate and effective legal remedies against any person knowingly
performing any of the following acts knowing, or with respect to civil remedies
having reasonable grounds to know, that it will induce, enable, facilitate or
conceal an infringement of any right covered by this Treaty or the Berne
Convention:
(i) to remove or alter any
electronic rights management information without authority;
(ii) to distribute, import for
distribution, broadcast or communicate to the public, without authority, works
or copies of works knowing that electronic rights management information has
been removed or altered without authority.
(2) As used in this Article,
"rights management information" means information which identifies
the work, the author of the work, the owner of any right in the work, or
information about the terms and conditions of use of the work, and any numbers
or codes that represent such information, when any of these items of
information is attached to a copy of a work or appears in connection with the
communication of a work to the public.
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Application
in Time
Contracting Parties shall apply
the provisions of Article 18 of the Berne Convention to all protection provided
for in this Treaty.
Article 14
Provisions
on Enforcement of Rights
(1) Contracting Parties
undertake to adopt, in accordance with their legal systems, the measures
necessary to ensure the application of this Treaty.
(2) Contracting Parties shall
ensure that enforcement procedures are available under their law so as to
permit effective action against any act of infringement of rights covered by
this Treaty, including expeditious remedies to prevent infringements and
remedies which constitute a deterrent to further infringements.
Article 15
Assembly
(1) (a) The Contracting Parties
shall have an Assembly.
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(c) The expenses of each
delegation shall be borne by the Contracting Party that has appointed the
delegation. The Assembly may ask the World Intellectual Property Organization
(hereinafter referred to as "WIPO") to grant financial assistance to
facilitate the participation of delegations of Contracting Parties that are
regarded as developing countries in conformity with the established practice of
the General Assembly of the United Nations or that are countries in transition
to a market economy.
(2)
(a) The Assembly shall deal with
matters concerning the maintenance and development of this Treaty and the
application and operation of this Treaty.
(b) The Assembly shall perform
the function allocated to it under Article 17(2) in respect of the admission of
certain intergovernmental organizations to become party to this Treaty.
(c) The Assembly shall decide
the convocation of any diplomatic conference for the revision of this Treaty
and give the necessary instructions to the Director General of WIPO for the
preparation of such diplomatic conference.
(3)
(a) Each Contracting Party that
is a State shall have one vote and shall vote only in its own name.
(b) Any Contracting Party that
is an intergovernmental organization may participate in the vote, in place of
its Member States, with a number of votes equal to the number of its Member
States which are party to this Treaty. No such intergovernmental organization
shall participate in the vote if any one of its Member States exercises its
right to vote and vice versa.
(4) The Assembly shall meet in
ordinary session once every two years upon convocation by the Director General
of WIPO.
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Article 16
International
Bureau
The International Bureau of WIPO
shall perform the administrative tasks concerning the Treaty.
Article 17
Eligibility
for Becoming Party to the Treaty
(1) Any Member State of WIPO may
become party to this Treaty.
(2) The Assembly may decide to
admit any intergovernmental organization to become party to this Treaty which declares
that it is competent in respect of, and has its own legislation binding on all
its Member States on, matters covered by this Treaty and that it has been duly
authorized, in accordance with its internal procedures, to become party to this
Treaty.
(3) The European Community,
having made the declaration referred to in the preceding paragraph in the
Diplomatic Conference that has adopted this Treaty, may become party to this
Treaty.
Article 18
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Subject to any specific
provisions to the contrary in this Treaty, each Contracting Party shall enjoy
all of the rights and assume all of the obligations under this Treaty.
Article 19
Signature
of the Treaty
This Treaty shall be open for
signature until December 31, 1997, by any Member State of WIPO and by
the European Community.
Article 20
Entry
into Force of the Treaty
This Treaty shall enter into
force three months after 30 instruments of ratification or accession by
States have been deposited with the Director General of WIPO.
Article 21
Effective
Date of Becoming Party to the Treaty
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(i) the 30 States referred to in
Article 20, from the date on which this Treaty has entered into force;
(ii) each other State from the
expiration of three months from the date on which the State has deposited its
instrument with the Director General of WIPO;
(iii) the European Community,
from the expiration of three months after the deposit of its instrument of
ratification or accession if such instrument has been deposited after the entry
into force of this Treaty according to Article 20, or, three months after the
entry into force of this Treaty if such instrument has been deposited before
the entry into force of this Treaty;
(iv) any other intergovernmental
organization that is admitted to become party to this Treaty, from the
expiration of three months after the deposit of its instrument of accession.
Article 22
No
Reservations to the Treaty
No reservation to this Treaty
shall be admitted.
Article 23
Denunciation
of the Treaty
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Article 24
Languages
of the Treaty
(1) This Treaty is signed in a
single original in English, Arabic, Chinese, French, Russian and Spanish
languages, the versions in all these languages being equally authentic.
(2) An official text in any
language other than those referred to in paragraph (1) shall be established by
the Director General of WIPO on the request of an interested party, after
consultation with all the interested parties. For the purposes of this
paragraph, "interested party" means any Member State of WIPO whose
official language, or one of whose official languages, is involved and the
European Community, and any other intergovernmental organization that may
become party to this Treaty, if one of its official languages is involved.
Article 25
Depositary
The Director General of WIPO is
the depositary of this Treaty.
PROVISIONS OF THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY
AND ARTISTIC WORKS ( 1971) REFERRED TO IN THE WCT
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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
[Establishment
of a Union]
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
[Protected
Works: 1. "Literary and artistic works"; 2. Possible requirement of
fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation
to protect; beneficiaries of protection; 7. Works of applied art and industrial
designs; 8. News]
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(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
[Possible
Limitation of Protection of Certain Works: 1. Certain speeches; 2. Certain uses
of lectures and addresses; 3. Right to make collections of such works]
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(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
[Criteria
of Eligibility for Protection: 1. Nationality of author; place of publication
of work; 2. Residence of author; 3. "Published" works; 4.
"Simultaneously published" works]
(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.
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Article 4
[Criteria
of Eligibility for Protection of Cinematographic Works, Works of Architecture
and Certain Artistic Works]
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
[Rights
Guaranteed: 1. and 2. Outside the country of origin; 3. In the country of
origin; 4. "Country of origin"]
(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.
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(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
[Possible
Restriction of Protection in Respect of Certain Works of Nationals of Certain
Countries Outside the Union: 1. In the country of the first publication and in
other countries; 2. No retroactivity; 3. Notice]
(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.
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(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
[Moral
Rights: 1. To claim authorship; to object to certain modifications and other
derogatory actions; 2. After the author's death; 3. Means of redress]
(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
[Term of
Protection:1. Generally; 2. For cinematographic works; 3. For anonymous and
pseudonymous works; 4. For photographic works and works of applied art; 5.
Starting date of computation; 6. Longer terms; 7. Shorter terms; 8. Applicable
law; "comparison" of terms]
(1) The term of protection
granted by this Convention shall be the life of the author and fifty years
after his death.
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(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 first
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
[Term of
Protection for Works of Joint Authorship]
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.
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[Right
of Translation]
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
[Right
of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual
recordings]
(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
[Certain
Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication
of source and author]
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(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
[Further
Possible Free Uses of Works: 1. Of certain articles and broadcast works; 2. Of
works seen or heard in connection with current events]
(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
[Certain
Rights in Dramatic and Musical Works: 1. Right of public performance and of
communication to the public of a performance; 2. In respect of translations]
(1) Authors of dramatic,
dramatico-musical and musical works shall enjoy the exclusive right of
authorizing:
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(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
[Broadcasting
and Related Rights: 1. Broadcasting and other wireless communications, public
communication of broadcast by wire or rebroadcast, public communication of
broadcast by loudspeaker or analogous instruments; 2. Compulsory licenses; 3.
Recording; ephemeral recordings]
(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.
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Article
11ter
[Certain
Rights in Literary Works: 1. Right of public recitation and of communication to
the public of a recitation; 2. In respect of translations]
(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
[Right
of Adaptation, Arrangement and Other Alteration]
Authors of literary or artistic
works shall enjoy the exclusive right of authorizing adaptations, arrangements
and other alterations of their works.
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[Possible
Limitation of the Right of Recording of Musical Works and Any Words Pertaining
Thereto: 1. Compulsory licenses; 2. Transitory measures; 3. Seizure on
importation of copies made without the author's permission]
(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
Conventions 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
[Cinematographic
and Related Rights: 1. Cinematographic adaptation and reproduction;
distribution; public performance and public communication by wire of works thus
adapted or reproduced; 2. Adaptation of cinematographic productions; 3. No
compulsory licenses]
(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.
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(3) The provisions of Article
13(1) shall not apply.
Article
14bis
[Special
Provisions Concerning Cinematographic Works: 1. Assimilation to
"original" works; 2. Ownership; limitation of certain rights of
certain contributors; 3. Certain other contributors]
(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.
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Article
14ter
["Droit
de suite" in Works of Art and Manuscripts:
1. Right to an interest in resales; 2. Applicable law; 3. Procedure]
(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
[Right
to Enforce Protected Rights: 1. Where author's name is indicated or where
pseudonym leaves no doubt as to author's identity; 2. In the case of
cinematographic works; 3. In the case of anonymous and pseudonymous works; 4.
In the case of certain unpublished works of unknown authorship]
(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.
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(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
which 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
[Infringing
Copies: 1. Seizure; 2. Seizure on importation; 3. Applicable law]
(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
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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
[Works
Existing on Convention's Entry Into Force: 1. Protectable where protection not
yet expired in country of origin; 2. Non-protectable where protection already
expired in country where it is claimed; 3. Application of these principles; 4.
Special cases]
(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
[Protection
Greater than Resulting from Convention]
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Article
20
[Special
Agreements Among Countries of the Union]
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
[Special
Provisions Regarding Developing Countries: 1. Reference to Appendix; 2.
Appendix part of Act]
(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.
APPENDIX
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Article I
[Faculties Open to Developing Countries:
1. Availability of certain faculties; declaration: 2. Duration of effect of
declaration, 3. Cessation of developing country status; 4. Existing stocks of
copies; 5. Declarations concerning certain territories; 6. Limits of
reciprocity]
(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 fifteen 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 subparagraph (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.
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(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
[Limitations on the Right of
Translation: 1. Licenses grantable by competent authority; 2. to 4. Conditions
allowing the grant of such licenses; 5. Purposes for which licenses may be
granted; 6. Termination of licenses; 7. Works composed mainly of illustrations;
8. Works withdrawn from circulation; 9. Licenses for broadcasting
organizations]
(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)
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(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 license. Any copies already made
before the license terminates 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.
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(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.
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Article III
[Limitation on the Right of
Reproduction: 1. Licenses grantable by competent authority; 2. to 5. Conditions
allowing the grant of such licenses; 6. Termination of licenses; 7. Works to
which this Article applies]
(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 subparagraph (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.
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(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 subparagraphs (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.
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(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 subparagraph (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
[Provisions Common to Licenses
Under Articles II and III: 1 and 2. Procedure; 3. Indication of author and
title of work; 4. Exportation of copies; 5. Notice; 6. Compensation]
(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).
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(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
subparagraph (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 subparagraph
(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.
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(6)
(a) Due provision shall be made
at the national level to ensure
(i) that the license provides,
in favour 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
[Alternative Possibility for
Limitation of the Right of Translation: 1. Regime provided for under the 1886
and 1896 Acts; 2. No possibility of change to regime under Article II; 3. Time
limit for choosing the alternative possibility]
(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:
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(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
[Possibilities of applying, or
admitting the application of, certain provisions of the Appendix before
becoming bound by it: 1. Declaration; 2. Depository and effective date of
declaration]
(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;
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(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.