CONVENTION BERNE
FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
PARIS
ACT OF JULY 24, 1971,
TABLE
OF CONTENTS
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:
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[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]
(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.
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(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]
(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
[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]
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(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
[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;
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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.
(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:
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(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.
(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
[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.
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(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.
(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 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.
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(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.
Article 8
[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]
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(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]
(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
[Further
Possible Free Uses of Works: 1. Of certain articles and broadcast works; 2. Of
works seen or heard in connection with current events]
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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, 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:
(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
[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]
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(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
[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;
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(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.
Article 13
[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.
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[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.
(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
[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.
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(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, or 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
["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.
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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.
(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 he 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
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
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(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
[Possibility
of Control of Circulation, Presentation and Exhibition of Works]
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.
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(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]
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
[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
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(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
[Assembly:
1. Constitution and composition; 2. Tasks; 3. Quorum, voting, observers; 4.
Convocation; 5. Rules of procedure]
(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)
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(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 biennial 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;
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(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.
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(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 second 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
[Executive
Committee: 1. Constitution; 2. Composition; 3. Number of members; 4.
Geographical distribution; special agreements; 5. Term, limits of
re-eligibility, rules of election; 6. Tasks; 7. Convocation; 8. Quorum, voting;
9. Observers; 10. Rules of procedure]
(1) The Assembly shall have an
Executive Committee.
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(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.
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(a) The Executive Committee
shall:
(i) repare the draft agenda of
the Assembly;
(ii) submit proposals to the
Assembly respecting the draft program and biennial budget of the Union prepared
by the Director General;
(iii) [deleted]
(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)
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(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.
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[International
Bureau: 1. Tasks in general, Director General; 2. General information; 3.
Periodical; 4. Information to countries; 5. Studies and services; 6.
Participation in meetings; 7. Conferences of revision; 8. Other tasks]
(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.
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(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
[Finances:
1. Budget; 2. Coordination with other Unions; 3. Resources; 4. Contributions;
possible extension of previous budget; 5. Fees and charges; 6. Working capital
fund; 7. Advances by host Government; 8. Auditing of accounts]
(1)
(a) The Union shall have a
budget.
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(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)
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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.
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(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.
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(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
[Amendments:
1. Provisions susceptible of amendment by the Assembly; proposals; 2. Adoption;
3. Entry into force]
(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
[Revision:
1. Objective; 2. Conferences; 3. Adoption]
(1) This Convention shall be submitted
to revision with a view to the introduction of amendments designed to improve
the system of the Union.
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(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
[Acceptance
and Entry Into Force of Act for Countries of the Union: 1. Ratification,
accession; possibility of excluding certain provisions; withdrawal of
exclusion; 2. Entry into force of Articles 1 to 21 and Appendix; 3. Entry into
force of Articles 22 to 38]
(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 subparagraph (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:
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(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 subparagraph (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 subparagraph (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
subparagraphs (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
[Acceptance
and Entry Into Force for Countries Outside the Union: 1. Accession; 2. Entry
into force]
(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)
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(b) If the entry into force
according to subparagraph (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
[Effect
of Acceptance of Act for the Purposes of Article 14(2) of the WIPO Convention]
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
[Reservations:
1. Limits of possibility of making reservations; 2. Earlier reservations;
reservation as to the right of translation; withdrawal of reservation]
(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.
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(c) Any country may withdraw
such reservations at any time by notification addressed to the Director
General.
Article 31
[Applicability
to Certain Territories: 1. Declaration; 2. Withdrawal of declaration; 3.
Effective date;
4. Acceptance of factual situations not implied]
(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).
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[Applicability
of this Act and of Earlier Acts: 1. As between countries already members of the
Union; 2. As between a country becoming a member of the Union and other
countries members of the Union; 3. Applicability of the Appendix in Certain
Relations]
(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
[Disputes:
1. Jurisdiction of the International Court of Justice; 2. Reservation as to
such jurisdiction; 3. Withdrawal of reservation]
(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.
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(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
[Closing
of Certain Earlier Provisions: 1. Of earlier Acts; 2. Of the Protocol to the
Stockholm Act]
(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
[Duration
of the Convention; Denunciation: 1. Unlimited duration; 2. Possibility of
denunciation; 3. Effective date of denunciation; 4. Moratorium on denunciation]
(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.
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(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
[Application
of the Convention: 1. Obligation to adopt the necessary measures; 2. Time from
which obligation exists]
(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
[Final
Clauses: 1. Languages of the Act; 2. Signature; 3. Certified copies; 4.
Registration; 5. Notifications]
(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.
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(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
[Transitory
Provisions: 1. Exercise of the "five-year privilege"; 2. Bureau of
the Union, Director of the Bureau; 3. Succession of Bureau of the Union]
(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.
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APPENDIX
[SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES]
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).
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(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
[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)
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(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.
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(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.
(8) No license 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;
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(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
[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
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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.
(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.
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(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.
(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 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.
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[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).
(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
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;
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(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 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
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(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
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(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.