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Pacific Islands Treaty Series |
BERNE
CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC
WORKS
[BERNE
CONVENTION]
(Berne,
9 September
1886)
ENTRY
INTO FORCE
:
12 MAY
1887
Depositary
: World Intellectual Property Organization
Note
: Berne Convention for the Protection of Literary and Artistic works of
September 9, 1886, completed at Paris on May 4, 1896, revised
at Berlin on
November 13, 1908, completed at Berne on March 20, 1914, and revised at Rome on
June, 1928, at Brussels on June 26,
1948, at Stockholm on July 14, 1967, and at
Paris on July 24, 1971; and amended on October 2,
1979.
THE
COUNTRIES OF THE
UNION, being equally
animated by the desire to protect, in as effective and uniform a manner as
possible, the rights of authors in their
literary and artistic
works,
RECOGNIZING
the importance of the work of the Revision Conference held at Stockholm in
1967,
HAVE
RESOLVED to revise
the Act adopted by the Stockholm Conference, while maintaining without change
Articles 1 to 20 and 22 to 26 of that
Act.
CONSEQUENTLY,
the undersigned Plenipotentiaries, having presented their full powers,
recognized as in good and due form, have agreed as follows:
Article
1
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.
(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
(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
(1)
The protection of this Convention shall apply to:
(a) authors who are nationals of one of the countries of the Union, for their works, whether published or not;
(b) authors who are not nationals of one of the countries of the Union, for their works first published in one of those countries, or simultaneously in a country outside the Union and in a country of the Union.
(2)
Authors who are not nationals of one of the countries of the Union but who have
their habitual residence in one of them shall,
for the purposes of this
Convention, be assimilated to nationals of that
country.
(3)
The expression "published works" means works published with the consent of their
authors, whatever may be the means of manufacture
of the copies, provided that
the availability of such copies has been such as to satisfy the reasonable
requirements of the public,
having regard to the nature of the work. The
performance of a dramatic, dramatico-musical, cinematographic or musical work,
the public
recitation of a literary work, the communication by wire or the
broadcasting of literary or artistic works, the exhibition of a work
of art and
the construction of a work of architecture shall not constitute
publication.
(4)
A work shall be considered as having been published simultaneously in several
countries if it has been published in two or more
countries within thirty days
of its first publication.
Article
4
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.
(3)
Protection in the country of origin is governed by domestic law. However, when
the author is not a national of the country of
origin of the work for which he
is protected under this Convention, he shall enjoy in that country the same
rights as national
authors.
(4)
The country of origin shall be considered to be :
(a) in the case of works first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection;
(b) in the case of works published simultaneously in a country outside the Union and in a country of the Union, the latter country;
(c) in the case of unpublished works or of works first published in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national, provided that:
(i) when these are cinematographic works the maker of which has his headquarters or his habitual residence in a country of the Union, the country of origin shall be that country, and
(ii) when these are works of architecture erected in a country of the Union or other artistic works incorporated in a building or other structure located in a country of the Union, the country of origin shall be that country.
Article
6
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 honour 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.
(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 1st
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.
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
(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
(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
(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:
(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
(1)
Authors of literary and artistic works shall enjoy the exclusive right of
authorizing:
(i) the broadcasting of their works or the communication thereof to the public by any other means of wireless diffusion of signs, sounds or images;
(ii) any communication to the public by wire or by rebroadcasting of the broadcast of the work, when this communication is made by an organization other than the original one;
(iii) the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.
(2)
It shall be a matter for legislation in the countries of the Union to determine
the conditions under which the rights mentioned
in the preceding paragraph may
be exercised, but these conditions shall apply only in the countries where they
have been prescribed.
They shall not in any circumstances be prejudicial to the
moral rights of the author, nor to his right to obtain equitable remuneration
which, in the absence of agreement, shall be fixed by competent
authority.
(3)
In the absence of any contrary stipulation, permission granted in accordance
with paragraph (1) of this Article shall not imply
permission to record, by
means of instruments recording sounds or images, the work broadcast. It shall,
however, be a matter for
legislation in the countries of the Union to determine
the regulations for ephemeral recordings made by a broadcasting organization
by
means of its own facilities and used for its own broadcasts. The preservation of
these recordings in official archives may, on
the ground of their exceptional
documentary character, be authorized by such legislation.
Article
11ter
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.
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 Convention signed at Rome
on June 2, 1928, and at Brussels
on June 26, 1948, may be reproduced in that country without the permission of
the author of the
musical work until a date two years after that country becomes
bound by this
Act.
(3)
Recordings made in accordance with paragraphs (1) and (2) of this Article and
imported without permission from the parties concerned
into a country where they
are treated as infringing recordings shall be liable to seizure.
Article
14
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.
(2)
(a) Ownership of copyright in a cinematographic work shall be a matter for legislation in the country where protection is claimed.
(b) However, in the countries of the Union which, by legislation include among the owners of copyright in a cinematographic work authors who have brought contributions to the making of the work, such authors, if they have undertaken to bring such contributions, may not, in the absence of any contrary or special stipulation, object to the reproduction, distribution, public performance, communication to the public by wire, broadcasting or any other communication to the public, or to the subtitling or dubbing of texts, of the work.
(c) The question whether or not the form of the undertaking referred to above should, for the application of the preceding subparagraph (b), be in a written agreement or a written act of the same effect shall be a matter for the legislation of the country where the maker of the cinematographic work has his headquarters or habitual residence. However, it shall be a matter for the legislation of the country of the Union where protection is claimed to provide that the said undertaking shall be in a written agreement or a written act of the same effect. The countries whose legislation so provides shall notify the Director General by means of a written declaration, which will be immediately communicated by him to all the other countries of the Union.
(d) By "contrary or special stipulation" is meant any restrictive condition which is relevant to the aforesaid undertaking.
(3)
Unless the national legislation provides to the contrary, the provisions of
paragraph (2) (b) above shall not be applicable to
authors of scenarios,
dialogues and musical works created for the making of the cinematographic work,
nor to the principal director
thereof. However, those countries of the Union
whose legislation does not contain rules providing for the application of the
said
paragraph (2) (b) to such director shall notify the Director General by
means of a written declaration, which will be immediately
communicated by him to
all the other countries of the Union.
Article
14ter
“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.
(3) In
the case of anonymous and pseudonymous works, other than those referred to in
paragraph (1) above, the publisher whose name
appears on the work shall, in the
absence of proof to the contrary, be deemed to represent the author, and in this
capacity be shall
be entitled to protect and enforce the author's rights. The
provisions of this paragraph shall cease to apply when the author reveals
his
identity and establishes his claim to authorship of the
work.
(4)
(a) In the case of unpublished works where the identity of the author is unknown, but where there is every ground to presume that he is a national of a country of the Union, it shall be a matter for legislation in that country to designate the competent authority who shall represent the author and shall be entitled to protect and enforce his rights in the countries of the Union.
(b) Countries of the Union which make such designation under the terms of this provision shall notify the Director General by means of a written declaration giving full information concerning the authority thus designated. The Director General shall at once communicate this declaration to all other countries of the Union.
Article
16
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
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.
(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
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
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.
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)
(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and development of the Union and the implementation of this Convention;
(ii) give directions concerning the preparation for conferences of revision to the International Bureau of Intellectual Property (hereinafter designated as "the International Bureau") referred to in the Convention establishing the World Intellectual Property Organization (hereinafter designated as "the Organization"), due account being taken of any comments made by those countries of the Union which are not bound by Articles 22 to 26;
(iii) review and approve the reports and activities of the Director General of the Organization concerning the Union, and give him all necessary instructions concerning matters within the competence of the Union;
(iv) elect the members of the Executive Committee of the Assembly;
(v) review and approve the reports and activities of its Executive Committee, and give instructions to such Committee;
(vi) determine the program and adopt the 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;
(x) adopt amendments to Articles 22 to 26;
(xi) take any other appropriate action designed to further the objectives of the Union;
(xii) exercise such other functions as are appropriate under this Convention;
(xiii) subject to its acceptance, exercise such rights as are given to it in the Convention establishing the Organization.
(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization.
(3)
(a) Each country member of the Assembly shall have one vote.
(b) One half of the countries members of the Assembly shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries represented is less than one half but equal to or more than one third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the following conditions are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote or abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.
(d) Subject to the provisions of Article 26 (2), the decisions of the Assembly shall require two thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one country only.
(g) Countries of the Union not members of the Assembly shall be admitted to its meetings as observers.
(4)
(a) The Assembly shall meet once in every other 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.
(2)
(a) The Executive Committee shall consist of countries elected by the Assembly from among countries members of the Assembly. Furthermore, the country on whose territory the Organization has its headquarters shall, subject to the provisions of Article 25 (7) (b), have an ex officio seat on the Committee.
(b) The Government of each country member of the Executive Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has appointed it.
(3)
The number of countries members of the Executive Committee shall correspond to
one fourth of the number of countries members of
the Assembly. In establishing
the number of seats to be filled, remainders after division by four shall be
disregarded.
(4)
In electing the members of the Executive Committee, the Assembly shall have due
regard to an equitable geographical distribution
and to the need for countries
party to the Special Agreements which might be established in relation with the
Union to be among the
countries constituting the Executive
Committee.
(5)
(a) Each member of the Executive Committee shall serve from the close of the session of the Assembly which elected it to the close of the next ordinary session of the Assembly.
(b) Members of the Executive Committee may be re-elected, but not more than two-thirds of them.
(c) The Assembly shall establish the details of the rules governing the election and possible re-election of the members of the Executive Committee.
(6)
(a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly respecting the draft program and 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)
(a) The Executive Committee shall meet once a year in ordinary session upon convocation by the Director General, preferably during the same period and at the same place as the Coordination Committee of the Organization.
(b) The Executive Committee shall meet in extraordinary session upon convocation by the Director General, either on his own initiative, or at the request of its Chairman or one fourth of its members.
(8)
(a) Each country member of the Executive Committee shall have one vote.
(b) One half of the members of the Executive Committee shall constitute a quorum.
(c) Decisions shall be made by a simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of, one country only.
(9)
Countries of the Union not members of the Executive Committee shall be admitted
to its meetings as
observers.
(10)
The Executive Committee shall adopt its own rules of procedure.
Article
24
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.
(6)
The Director General and any staff member designated by him shall participate,
without the right to vote, in all meetings of the
Assembly, the Executive
Committee, and any other committee of experts or working group. The Director
General, or a staff member designated
by him, shall be ex officio secretary of
these
bodies.
(7)
(a) The International Bureau shall, in accordance with the directions of the Assembly and in cooperation with the Executive Committee, make the preparations for the conferences of revision of the provisions of the Convention other than Articles 22 to 26.
(b) The International Bureau may consult with intergovernmental and international non-governmental organizations concerning preparations for conferences of revision.
(c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at these conferences.
(8)
The International Bureau shall carry out any other tasks assigned to
it.
Article
25
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.
(b) The budget of the Union shall include the income and expenses proper to the Union, its contribution to the budget of expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Organization.
(c) Expenses not attributable exclusively to the Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Union in such common expenses shall be in proportion to the interest the Union has in them.
(2)
The budget of the Union shall be established with due regard to the requirements
of coordination with the budgets of the other
Unions administered by the
Organization.
(3)
The budget of the Union shall be financed from the following
sources:
(i) contributions of the countries of the Union;
(ii) fees and charges due for services performed by the International Bureau in relation to the Union;
(iii) sale of, or royalties on, the publications of the International Bureau concerning the Union;
(iv) gifts, bequests, and subventions;
(v) rents, interests, and other miscellaneous income.
(4)
(a) For the purpose of establishing its contribution towards the budget, each country of the Union shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as follows:
|
Class
I
|
25
|
|
Class
II
|
20
|
|
Class
III
|
15
|
|
Class
IV
|
10
|
|
Class
V
|
5
|
|
Class
VI
|
3
|
|
Class
VII
|
1
|
(b) Unless it has already done so, each country shall indicate, concurrently with depositing its instrument of ratification or accession, the class to which it wishes to belong. Any country may change class. If it chooses a lower class, the country must announce it to the Assembly at one of its ordinary sessions. Any such change shall take effect at the beginning of the calendar year following the session.
(c) The annual contribution of each country shall be an amount in the same proportion to the total sum to be contributed to the annual budget of the Union by all countries as the number of its units is to the total of the units of all contributing countries.
(d) Contributions shall become due on the first of January of each year.
(e) A country which is in arrears in the payment of its contributions shall have no vote in any of the organs of the Union of which it is a member if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. However, any organ of the Union may allow such a country to continue to exercise its vote in that organ if, and as long as, it is satisfied that the delay in payment is due to exceptional and unavoidable circumstances.
(f) If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous year, in accordance with the financial regulations.
(5)
The amount of the fees and charges due for services rendered by the
International Bureau in relation to the Union shall be established,
and shall be
reported to the Assembly and the Executive Committee, by the Director
General.
(6)
(a) The Union shall have a working capital fund which shall be constituted by a single payment made by each country of the Union. If the fund becomes insufficient, an increase shall be decided by the Assembly.
(b) The amount of the initial payment of each country to the said fund or of its participation in the increase thereof shall be a proportion of the contribution of that country for the year in which the fund is established or the increase decided.
(c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General and after it has heard the advice of the Coordination Committee of the Organization.
(7)
(a) In the headquarters agreement concluded with the country on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such country shall grant advances. The amount of these advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such country and the Organization. As long as it remains under the obligation to grant advances, such country shall have an ex officio seat on the Executive Committee.
(b) The country referred to in subparagraph (a) and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.
(8)
The auditing of the accounts shall be effected by one or more of the countries
of the Union or by external auditors, as provided
in the financial regulations.
They shall be designated, with their agreement, by the Assembly.
Article
26
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.
(2) For
this purpose, conferences shall be held successively in one of the countries of
the Union among the delegates of the said
countries.
(3)
Subject to the provisions of Article 26 which apply to the amendment of Articles
22 to 26, any revision of this Act, including
the Appendix, shall require the
unanimity of the votes cast.
Article
28
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
(a) Any country of the Union which has signed this Act may ratify it, and, if it has not signed it, may accede to it. Instruments of ratification or accession shall be deposited with the Director General.
(b) Any country of the Union may declare in its instrument of ratification or accession that its ratification or accession shall not apply to Articles 1 to 21 and the Appendix, provided that, if such country has previously made a declaration under Article VI(1) of the Appendix, then it may declare in the said instrument only that its ratification or accession shall not apply to Articles 1 to 20.
(c) Any country of the Union which, in accordance with sub-paragraph (b), has excluded provisions therein referred to from the effects of its ratification or accession may at any later time declare that it extends the effects of its ratification or accession to those provisions. Such declaration shall be deposited with the Director General.
(2)
(a) Articles 1 to 21 and the Appendix shall enter into force three months after both of the following two conditions are fulfilled:
(i) at least five countries of the Union have ratified or acceded to this Act without making a declaration under paragraph (1)(b),
(ii) France, Spain, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, have become bound by the Universal Copyright Convention as revised at Paris on July 24, 1971.
(b) The entry into force referred to in sub-paragraph (a) shall apply to those countries of the Union which, at least three months before the said entry into force, have deposited instruments of ratification or accession not containing a declaration under paragraph (1)(b).
(c) With respect to any country of the Union not covered by sub-paragraph (b) and which ratifies or accedes to this Act without making a declaration under paragraph (1)(b), Articles 1 to 21 and the Appendix shall enter into force three months after the date on which the Director General has notified the deposit of the relevant instrument of ratification or accession, unless a subsequent date has been indicated in the instrument deposited. In the latter case, Articles 1 to 21 and the Appendix shall enter into force with respect to that country on the date thus indicated.
(d) The provisions of sub-paragraphs (a) to (c) do not affect the application of Article VI of the Appendix.
(3)
With respect to any country of the Union which ratifies or accedes to this Act
with or without a
declaration made
under paragraph (1)(b), Articles 22 to 38 shall enter into force three months
after the date on which the Director
General has notified the deposit of the
relevant instrument of ratification or accession, unless a subsequent date has
been indicated
in the instrument deposited. In the latter case, Articles 22 to
38 shall enter into force with respect to that country on the date
thus
indicated.
Article
29
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)
(a) Subject to sub-paragraph (b), this Convention shall enter into force with respect to any country outside the Union three months after the date on which the Director General has notified the deposit of its instrument of accession, unless a subsequent date has been indicated in the instrument deposited. In the latter case, this Convention shall enter into force with respect to that country on the date thus indicated.
(b) If the entry into force according to sub-paragraph (a) precedes the entry into force of Articles 1 to 21 and the Appendix according to Article 28(2)(a), the said country shall, in the meantime, be bound, instead of by Articles 1 to 21 and the Appendix, by Articles 1 to 20 of the Brussels Act of this Convention.
Article
29bis
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.
(b) Any country outside the Union may declare, in acceding to this Convention and subject to Article V(2) of the Appendix, that it intends to substitute, temporarily at least, for Article 8 of this Act concerning the right of translation, the provisions of Article 5 of the Union Convention of 1886, as completed at Paris in 1896, on the clear understanding that the said provisions are applicable only to translations into a language in general use in the said country. Subject to Article I (6)(b) of the Appendix, any country has the right to apply, in relation to the right of translation of works whose country of origin is a country availing itself of such a reservation, a protection which is equivalent to the protection granted by the latter country.
(c) Any country may withdraw such reservations at any time by notification addressed to the Director General.
Article
31
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).
Article
32
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.
(2)
Each country may, at the time it signs this Act or deposits its instrument of
ratification or accession, declare that it does
not consider itself bound by the
provisions of paragraph (1). With regard to any dispute between such country and
any other country
of the Union, the provisions of paragraph (1) shall not
apply.
(3) Any
country having made a declaration in accordance with the provisions of paragraph
(2) may, at any time, withdraw its declaration
by notification addressed to the
Director General.
Article
34
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.
(3)
Denunciation shall take effect one year after the day on which the Director
General has received the
notification.
(4)
The right of denunciation provided by this article shall not be exercised by any
country before the expiration of five years from
the date upon which it becomes
a member of the Union.
Article
36
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.
(b) Official texts shall be established by the Director General, after consultation with the interested Governments, in the Arabic, German, Italian, Portuguese and Spanish languages, and such other languages as the Assembly may designate.
(c) In case of differences of opinion on the interpretation of the various texts, the French text shall prevail.
(2)
This Act shall remain open for signature until January 31, 1972. Until that
date, the copy referred to in paragraph (1)(a) shall
be deposited with the
Government of the French
Republic.
(3)
The Director General shall certify and transmit two copies of the signed text of
this Act to the Governments of all countries
of the Union and, on request, to
the Government of any other
country.
(4)
The Director General shall register this Act with the Secretariat of the United
Nations.
(5)
The Director General shall notify the Governments of all countries of the Union
of signatures, deposits of instruments of ratification
or accession and any
declarations included in such instruments or made pursuant to Articles 28(1)(c),
30(2)(a) and (b), and 33(2),
entry into force of any provisions of this Act,
notifications of denunciation, and notifications pursuant to Articles 30(2)(c),
31(1)
and (2), 33(3), and 38(1), as well as the Appendix.
Article
38
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.
(3)
Once all the countries of the Union have become Members of the Organization, the
rights, obligations, and property, of the Bureau
of the Union shall devolve on
the International Bureau of the Organization.
APPENDIX
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 15 months and not less than three months before the expiration of the ten-year period then running.
(b) Any declaration under paragraph (1) notified after the expiration of the period of ten years from the entry into force of Articles 1 to 21 and this Appendix according to Article 28(2) shall be effective until the expiration of the ten-year period then running. Any such declaration may be renewed as provided for in the second sentence of sub-paragraph (a).
(3)
Any country of the Union which has ceased to be regarded as a developing country
as referred to in paragraph (1) shall no longer
be entitled to renew its
declaration as provided in paragraph (2), and, whether or not it formally
withdraws its declaration, such
country shall be precluded from availing itself
of the faculties referred to in paragraph (1) from the expiration of the
ten-year
period then running or from the expiration of a period of three years
after it has ceased to be regarded as a developing country,
whichever period
expires
later.
(4)
Where, at the time when the declaration made under paragraph (1) or (2) ceases
to be effective, there are copies in stock which
were made under a license
granted by virtue of this Appendix, such copies may continue to be distributed
until their stock is
exhausted.
(5)
Any country which is bound by the provisions of this Act and which has deposited
a declaration or a notification in accordance
with Article 31(1) with respect to
the application of this Act to a particular territory, the situation of which
can be regarded
as analogous to that of the countries referred to in paragraph
(1), may, in respect of such territory, make the declaration referred
to in
paragraph (1) and the notification of renewal referred to in paragraph (2). As
long as such declaration or notification remains
in effect, the provisions of
this Appendix shall be applicable to the territory in respect of which it was
made.
(6)
(a) The fact that a country avails itself of any of the faculties referred to in paragraph (1) does not permit another country to give less protection to works of which the country of origin is the former country than it is obliged to grant under Articles 1 to 20.
(b) The right to apply reciprocal treatment provided for in Article 30(2)(b), second sentence, shall not, until the date on which the period applicable under Article I(3) expires, be exercised in respect of works the country of origin of which is a country which has made a declaration according to Article V(1)(a).
Article
II
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)
(a) In the case of translations into a language which is not in general use in one or more developed countries which are members of the Union, a period of one year shall be substituted for the period of three years referred to in paragraph (2)(a).
(b) Any country referred to in paragraph (1) may, with the unanimous agreement of the developed countries which are members of the Union and in which the same language is in general use, substitute, in the case of translations into that language, for the period of three years referred to in paragraph (2)(a) a shorter period as determined by such agreement but not less than one year. However, the provisions of the foregoing sentence shall not apply where the language in question is English, French or Spanish. The Director General shall be notified of any such agreement by the Governments which have concluded it.
(4)
(a) No license obtainable after three years shall be granted under this Article until a further period of six months has elapsed, and no license obtainable after one year shall be granted under this Article until a further period of nine months has elapsed
(i) from the date on which the applicant complies with the requirements mentioned in Article IV(1), or
(ii) where the identity or the address of the owner of the right of translation is unknown, from the date on which the applicant sends, as provided for in Article IV(2), copies of his application submitted to the authority competent to grant the license.
(b) If, during the said period of six or nine months, a translation in the language in respect of which the application was made is published by the owner of the right of translation or with his authorization, no license under this Article shall be granted.
(5)
Any license under this Article shall be granted only for the purpose of
teaching, scholarship or
research.
(6)
If a translation of a work is published by the owner of the right of translation
or with his authorization at a price reasonably
related to that normally charged
in the country for comparable works, any license granted under this Article
shall terminate if such
translation is in the same language and with
substantially the same content as the translation published under the licence.
Any copies
already made before the license terminated may continue to be
distributed until their stock is
exhausted.
(7)
For works which are composed mainly of illustrations, a license to make and
publish a translation of the text and to reproduce
and publish the illustrations
may be granted only if the conditions of Article III are also
fulfilled.
(8)
No licence shall be granted under this Article when the author has withdrawn
from circulation all copies of his
work.
(9)
(a) A license to make a translation of a work which has been published in printed or analogous forms of reproduction may also be granted to any broadcasting organization having its headquarters in a country referred to in paragraph (1), upon an application made to the competent authority of that country by the said organization, provided that all of the following conditions are met:
(i) the translation is made from a copy made and acquired in accordance with the laws of the said country;
(ii) the translation is only for use in broadcasts intended exclusively for teaching or for the dissemination of the results of specialized technical or scientific research to experts in a particular profession;
(iii) the translation is used exclusively for the purposes referred to in condition (ii) through broadcasts made lawfully and intended for recipients on the territory of the said country, including broadcasts made through the medium of sound or visual recordings lawfully and exclusively made for the purpose of such broadcasts;
(iv) all uses made of the translation are without any commercial purpose.
(b) Sound or visual recordings of a translation which was made by a broadcasting organization under a license granted by virtue of this paragraph may, for the purposes and subject to the conditions referred to in subparagraph (a) and with the agreement of that organization, also be used by any other broadcasting organization having its headquarters in the country whose competent authority granted the license in question.
(c) Provided that all of the criteria and conditions set out in subparagraph (a) are met, a license may also be granted to a broadcasting organization to translate any text incorporated in an audio-visual fixation where such fixation was itself prepared and published for the sole purpose of being used in connection with systematic instructional activities.
(d) Subject to subparagraphs (a) to (c), the provisions of the preceding paragraphs shall apply to the grant and exercise of any license granted under this paragraph.
Article
III
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 sub-paragraph (a) may also be granted under the conditions provided for in this article if, after the expiration of the applicable period, no authorized copies of that edition have been on sale for a period of six months in the country concerned to the general public or in connection with systematic instructional activities at a price reasonably related to that normally charged in the country for comparable works.
(3)
The period referred to in paragraph (2)(a)(i) shall be five years, except
that
(i) for works of the natural and physical sciences, including mathematics, and of technology, the period shall be three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the period shall be seven years.
(4)
(a) No license obtainable after three years shall be granted under this article until a period of six months has elapsed
(i) from the date on which the applicant complies with the requirements mentioned in Article IV(1), or
(ii) where the identity or the address of the owner of the right of reproduction is unknown, from the date on which the applicant sends, as provided for in Article IV(2), copies of his application submitted to the authority competent to grant the license.
(b) Where licenses are obtainable after other periods and Article IV(2) is applicable, no license shall be granted until a period of three months has elapsed from the date of the dispatch of the copies of the application.
(c) If, during the period of six or three months referred to in sub-paragraphs (a) and (b), a distribution as described in paragraph (2)(a) has taken place, no license shall be granted under this article.
(d) No license shall be granted if the author has withdrawn from circulation all copies of the edition for the reproduction and publication of which the license has been applied for.
(5)
A license to reproduce and publish a translation of a work shall not be granted
under this article in the following cases:
(i) where the translation was not published by the owner of the right of translation or with his authorization, or
(ii) where the translation is not in a language in general use in the country in which the license is applied for.
(6)
If copies of an edition of a work are distributed in the country referred to in
paragraph (1) to the general public or in connection
with systematic
instructional activities, by the owner of the right of reproduction or with his
authorization, at a price reasonably
related to that normally charged in the
country for comparable works, any license granted under this article shall
terminate if such
edition is in the same language and with substantially the
same content as the edition which was published under the said license.
Any
copies already made before the license terminates may continue to be distributed
until their stock is
exhausted.
(7)
(a) Subject to sub-paragraph (b), the works to which this article applies shall be limited to works published in printed or analogous forms of reproduction.
(b) This article shall also apply to the reproduction in audio-visual form of lawfully made audio-visual fixations including any protected works incorporated therein and to the translation of any incorporated text into a language in general use in the country in which the license is applied for, always provided that the audio-visual fixations in question were prepared and published for the sole purpose of being used in connection with systematic instructional activities.
Article
IV
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 sub-paragraph (a), the notion of export shall include the sending of copies from any territory to the country which, in respect of that territory, has made a declaration under
Article I(5).
(c) Where a governmental or other public entity of a country which has granted a license to make a translation under Article II into a language other than English, French or Spanish sends copies of a translation published under such license to another country, such sending of copies shall not, for the purposes of sub-paragraph (a), be considered to constitute export if all of the following conditions are met:
(i) the recipients are individuals who are nationals of the country whose competent authority has granted the license, or organizations grouping such individuals;
(ii) the copies are to be used only for the purpose of teaching, scholarship or research;
(iii) the sending of the copies and their subsequent distribution to recipients is without any commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the country whose competent authority has granted the license to allow the receipt, or distribution, or both, and the Director General has been notified of the agreement by the Government of the country in which the license has been granted.
(5)
All copies published under a license granted by virtue of Article II or Article
III shall bear a notice in the appropriate language
stating that the copies are
available for distribution only in the country or territory to which the said
license
applies.
(6)
(a) Due provision shall be made at the national level to ensure :
(i) that the license provides, in favor of the owner of the right of translation or of reproduction, as the case may be, for just compensation that is consistent with standards of royalties normally operating on licenses freely negotiated between persons in the two countries concerned, and
(ii) payment and transmittal of the compensation: should national currency regulations intervene, the competent authority shall make all efforts, by the use of international machinery, to ensure transmittal in internationally convertible currency or its equivalent.
(b) Due provision shall be made by national legislation to ensure a correct translation of the work, or an accurate reproduction of the particular edition, as the case may be.
Article
V
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:
(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
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;
(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.
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