Berne Convention for the Protection of Literary and Artistic Works
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The Member States of the Union, inspired by their common desire to protect as effectively and as consistently as possible the rights of authors in their literary and artistic works, recognize the importance of the work of the Revision Conference held in Stockholm in 1967. Decided to amend the text adopted by the Stockholm Conference without changing Articles 1 to 20 and 22 to 26 of the text.
The undersigned plenipotentiaries, having submitted their credentials and found them to be in good condition, hereby agree as follows:
Article 1
The countries to which this Convention applies form a union for the protection of the rights of authors in their literary and artistic works.
Article 2
1. The term "literary and artistic works" includes all works in the field of science and literature and art, regardless of their mode of expression or form, such as books, pamphlets and other writings; lectures, speeches, sermons and other works of a similar nature; plays; Or musical and dramatic works; dance art works and pantomime works; music with or without lyrics; cinematographic works or works created by methods similar to cinematography; drawings, paintings, architecture, sculptures, engravings and prints; photographic works And works created by methods similar to photography; works of applied art; illustrations, maps; design drawings, sketches and modeling works related to geography, topography, architecture or science.
2. However, the laws of each member state of the Union have the right to stipulate the protection of only literary and artistic works expressed in certain material forms, or one or more of them.
3. Translations, adaptations, musical arrangements and other changes to a text or artistic work shall receive the same protection as the original work without infringing upon the rights of the original author.
4. The Member States of the Union may legislate the protection of official documents of a legislative, administrative or judicial nature and official translations of these documents.
5. Collections of written or artistic works, such as encyclopedias and anthologies, which become intellectual creations due to the selection and arrangement of their contents, should be protected in the same way as such works, without prejudice to the author's right to the contents of such collections. rights to each work.
6. The above-mentioned works shall enjoy protection in all member countries of the Union. Such protection shall be exercised for the benefit of the author and his successors in title.
7. Taking into account the provisions of Article 7, paragraph 4, of this Convention, Member States of the Union may legislate to provide for the scope of application of laws concerning works of applied art and industrial designs and models, and to provide for the conditions for the protection of such works, designs and models. Works protected solely as designs and models in the country of origin may only receive the exclusive protection provided for designs and models in other Member States of the Union in that country. However, if such specific protection is not granted in that country, the works will be protected as works of art.
8. The protection provided by this Convention shall not apply to daily news or social news that is purely newspaper information.
Article 2bis
1. The Member States of the Union shall have the right to exclude by legislative provisions political speeches and speech made in the course of proceedings, in whole or in part, from the protection provided for in the preceding Article.
2. The Member States of the Union shall also have the right to legislate the conditions under which speeches, speeches or other works of a similar nature shall be reproduced in newspapers and magazines, broadcast by wireless or cable, and constitute the object of public communication within the meaning of Article 11bis, paragraph 1, of this Convention. , if such reporting purposes justify such use.
3. However, the author has the exclusive right to compile the works mentioned in the preceding two paragraphs into a collection.
Article 3
1. In accordance with this Convention:
a) Authors who are citizens of any Member State of the Union shall be protected for their works, whether published or not.
b) Authors who are not citizens of any member state of the Union shall be protected if their works are first published in a member state of the Union or published simultaneously in a member state of the Union and a non-member state of the Union;
2. Authors who are not citizens of any member state of the Union but have their habitual residence in a member state shall be treated equally with authors who are citizens of that state when applying this Convention.
3. "Published work" shall be understood as a work published with the consent of its author, regardless of the method by which copies are made. However, taking into account the nature of the work, the number and manner of distribution of copies need to satisfy the public. Reasonable needs. The performance of drama, musical theater or film works, the performance of musical works, the public recitation of literary works, the broadcast or rebroadcast of literary or artistic works, the exhibition of fine arts works and the construction of architectural works are not publications.
4. Any work published in two or more countries within thirty days after first publication is deemed to have been published in several countries at the same time.
Article 4 Even if the conditions specified in Article 3 are not met, the following authors shall be protected under this Convention:
a) The producer of his film work has his seat or habitual residence in a member state of the Union;
b) Buildings constructed in a member state of the Union or paintings and plastic works of art installed in houses in a member state of the Union.
The fifth
1. The author of a work protected under this Convention shall enjoy with respect to his work the rights currently granted or to be granted in the future to its nationals by the laws of that country in each Member State of the Union other than the country in which the work originated, as well as the rights specifically granted by this Convention.
2. There is no need to perform any formalities to enjoy and exercise such rights, and it does not matter whether there are relevant protection regulations in the country of origin of the work. Therefore, apart from the provisions of this Convention, only the law of the country against which protection is claimed may determine the scope of protection and the remedies available to authors to protect their rights.
3. The protection of the country of origin shall be stipulated by the domestic law of that country. Even if the author is not a national of the country of origin of the work, but his work is protected under this Convention, he still enjoys the same rights in that country as a citizen author of that country.
4. The country of origin refers to:
a) For works first published in a member state of the Union, that country shall be the country of origin; for works published simultaneously in several member states of the Union that grant different protection periods, the country of origin shall be the country that legislates the shortest period of protection;
b) For works published simultaneously in a non-member state of the Union and in a member state of the Union, the latter shall be regarded as the country of origin;
c) For unpublished works or works first published in a non-member state of the Union but not simultaneously published in a member state of the Union, the member state of the Union of which the author is a citizen shall be the country of origin, however
i) For cinematographic works whose producers have their seat or habitual residence in a Member State of the Union, that country shall be the country of origin;
ii) For buildings erected in a Member State of the Union or paintings and works of plastic arts installed in houses of a Member State of the Union, that country shall be the country of origin.
Article 6
1. Where any non-Member State of the Union fails to provide adequate protection for a work whose author is a national of a Member State of the Union, the latter State may, at the time when the work was first published, be a national of the former State and who is not a member of the Union and who is not a national of the Union. The protection of works of authors is limited to their habitual residence. If the country of first publication takes advantage of this right, the other Member States of the Union are not obliged to grant to works subject to this special treatment broader protection than that granted by the country of first publication.
2. Any restrictions established in accordance with the provisions of the preceding paragraph shall not prejudice the rights already acquired by the author in respect of works published in any Member State of the Union before such restrictions came into force.
3. A Member State of the Union which imposes restrictions on the protection of rights in works under this Article shall notify the Director General of the World Intellectual Property Organization (hereinafter referred to as the Director-General) by a written declaration identifying the countries in which protection is restricted and the rights of authors who are citizens of those countries. subject to various restrictions. The Director-General shall immediately inform all members of the Union of this statement.
Article 6-2
1. Not affected by the author’s property rights. Even after the transfer of the above-mentioned property rights, the author still retains the right to claim authorship of his work and has the right to object to any distortion or fragmentation of the above-mentioned work or other damage to the author’s reputation. s right.
2. The rights granted to the author under the preceding paragraph shall be retained after his death at least until the expiration of his property rights, and shall be exercised by persons or institutions authorized by the domestic law of the country to which protection is requested. However, countries whose laws at the time of ratifying or acceding to this Treaty do not include protection after the death of the author of the rights recognized in the preceding paragraph shall have the right to provide that certain of these rights shall have no effect after the death of the author.
3. Remedies to safeguard the rights recognized in this Article shall be provided for by the law of the State in which protection is claimed.
Article 7
1. The term of protection granted by this Convention shall be the life of the author and fifty years after his death.
2. However, for cinematographic works, the member states of the Union have the right to stipulate that the period of protection shall expire fifty years after the work is released to the public with the consent of the author. If the work has not been released to the public within fifty years after the completion of the filming, the period of protection shall expire fifty years after the completion of the filming. expires.
3. For anonymous works and pseudonymous works, the protection period granted by this Convention is fifty years from the date of their legal publication to the public. However, if the author adopts a pseudonym that does not raise any doubt about his identity, the period of protection shall be the period specified in paragraph 1. If the author of an anonymous work or a pseudonymous work discloses his identity within the above period, the protection period specified in paragraph 1 shall apply. The Member States of the Union are not obliged to protect anonymous or pseudonymous works if there are good reasons for supposing that their author has been dead for fifty years.
4. The member states of the Union have the right to stipulate by law the protection period for photographic works and works of applied art protected as works of art; however, this period shall not be less than twenty-five years from the time of completion of the work.
5. The period of protection after the death of the author and the periods specified in paragraphs 2, 3 and 4 above shall be calculated from the date of the death of the author or the date of occurrence of the events mentioned in the above paragraphs, but such period can only commence after the death or the occurrence of the events mentioned in the above paragraphs. Calculation starts on January 1st of the following year.
6. The Member States of the Union have the right to establish periods of protection longer than those specified in the preceding paragraphs.
7. Member States of the Union which are bound by the Roman text of this Convention and whose national laws are in force at the time of signature of this Act provide for a shorter period of protection than that provided for in the preceding paragraphs shall be entitled to retain such protection when acceding to or ratifying this Act. the term.
8. In all cases, the period shall be fixed by the law of the country in which protection is claimed; but unless otherwise provided by the law of that country, this period shall not exceed the period prescribed by the country of origin of the work.
Article 7-2
The preceding article also applies to cases where the copyright of a work belongs to co-authors, but the protection period after the death of the author shall be calculated from the date of death of the last author to die.
eighth
The author of a literary or artistic work protected by this Convention shall have the exclusive right to translate and authorize the translation of his or her work during the entire period of protection of the rights to the original work.
Article 9
1. The authors of literary and artistic works protected by this Convention shall have the exclusive right to authorize the reproduction of such works by any means and in any form.
2. The laws of the member states of this Union have the right to permit the reproduction of the above-mentioned works under certain special circumstances, as long as such reproduction does not impair the normal use of the work and does not unreasonably endanger the legitimate interests of the author.
3. All audio or video recordings shall be deemed to be reproductions within the meaning of this Convention.
Article 10
1. Extracting quotations from a work legally published to the public, including excerpting articles from newspapers and periodicals in the form of newspaper abstracts, is legal as long as it conforms to good habits and is within the scope necessary to achieve a legitimate purpose.
2. The right to use literary and artistic works as teaching explanations through publications, radio broadcasts or audio and video recordings, as long as the use is within the scope necessary to achieve legitimate purposes and consistent with legitimate customs, may be governed by the laws of the member states of the Union and the members Special agreements have been signed or will be signed between countries.
3. When using a work in accordance with the first two paragraphs of this article, the source should be indicated. If the original source has the name of the author, it should also be stated at the same time.
Article 10-2
1. The laws of the Member States of the Union have the right to permit the reprinting in newspapers and periodicals of current articles on economic, political and religious issues that have been published in newspapers or periodicals, or works of the same nature that have been retransmitted by radio, or to make radio broadcasts to the public. or cable broadcast, if the right to such reproduction, broadcast or retransmission is not directly reserved. However, the source must be clearly pointed out at all times; the consequences of failure to fulfill this obligation shall be stipulated by law of the country to which protection is requested.
2. The laws of the Member States of the Union shall also have the power to provide for the conditions under which literary and artistic works which appear or are made public in the course of current events may be reproduced or photographed or filmed to the extent legitimately necessary for the purpose of reporting. Report current affairs news to the public through radio or cable broadcasts.
Article 11
1. The author of a dramatic work, a musical dramatic work or a musical work shall enjoy the following exclusive rights: 1. Permit the public performance and performance of his works, including public performance and performance by various means and methods; 2. Permission is granted to publicly broadcast performances and performances of their works by various means.
2. The author of a dramatic or musical-drama work shall have the same exclusive right to the translation of his work during the entire period of his rights to the original work.
Article 11-2
1. Authors of literary and artistic works enjoy the following exclusive rights:
1. Permit to broadcast his works by radio or to make his works available to the public by any other method of wireless transmission of text, sound or images;
2. License to publish a work to the public by cable or wireless broadcast by an organization other than the original broadcasting organization;
3. Permission is granted to transmit broadcast works to the public by means of a loudspeaker or any other similar means of transmitting signs, sounds or images.
2. The laws of the Member States of the Union may stipulate the conditions for the exercise of the rights referred to in paragraph 1 above, but the effect of these conditions is limited to the country that makes these provisions. These conditions shall in no case prejudice the personal, non-pecuniary rights of the author, nor shall they prejudice the author's right to just remuneration, which remuneration shall, in the absence of friendly agreement, be fixed by the competent authority.
3. Unless otherwise provided, the license granted under paragraph 1 of this Article does not include a license to record broadcast works using audio or video recording tools. However, the laws of the Member States of the Union have the power to regulate short-term recordings carried out by a broadcaster using its own equipment and for its own broadcasts. The laws of the Member States of the Union may also authorize the transfer to official archives of these recordings for preservation due to their special documentary character.
Article 11-3
1. Authors of literary works enjoy the following exclusive rights:
(1) Permission to publicly recite his works, including public recitation of his works by various means or methods, and
(2) Permission to publicly broadcast recitations of his works by various means.
2. During the entire period in which the author of a literary work enjoys rights to his original work, he also enjoys the same rights in the translation of his work.
Article 12
Authors of literary and artistic works have the exclusive right to approve adaptations, arrangements and other changes to their works.
Article 13
1. Each Member State of the Union may provide for its country the reservation and conditions of the exclusive rights of composers and lyricists who permit the recording of lyrics together with the music to permit the recording of such music and of the music together with the lyrics (if any); However, the effect of such reservations and conditions is strictly limited to the scope of the country providing for them and shall in no case prejudice the author's right to just remuneration as may be determined by the competent authorities in the absence of friendly agreement.
2. In accordance with Article 13, paragraph 3, of the text of this Convention signed at Rome on June 2, 1928, and at Brussels on June 26, 1948, sound recordings of musical compositions made in any of the countries of the Union shall cease to exist from the date of the text of this Treaty in It can be copied in that country without the consent of the composer within two years from the date of entry into force in that country.
3. If a sound recording made in accordance with paragraphs 1 and 2 of this Article is imported into a country where such recording is illegal without the approval of the interested party, it may be confiscated in that country.
Article 14
1. Authors of literary and artistic works enjoy the following exclusive rights:
(1) Permit to adapt or reproduce such works into movies and distribute the adapted or reproduced works;
(2) Permit public performances and cable broadcasts of adapted or reproduced works to the public.
2. Any other form of adaptation of a film work based on a literary or artistic work must still be approved by the original author without prejudice to the author's right of approval.
3. The provisions of paragraph 1 of Article 13 shall not apply.
Article 14-2
1. Without prejudice to the copyright of all works that may have been adapted or reproduced, cinematographic works will be protected as original works. The copyright owner of a film work shall enjoy the rights of the author of the original work, including the rights stipulated in the preceding article.
two,
a) The law of the country to which protection is claimed has the power to determine the owner of the copyright of a film work.
b) However, in Member States of the Union whose laws recognize that authors who have participated in the production of a cinematographic work shall be the owners of copyright, these authors, who have undertaken the obligation to participate in the work, shall have no right to object to the Reproduction, distribution, public performance, cable broadcast to the public, radio broadcast, presentation to the public, narration and dubbing of film works.
c) In order to apply the provisions of item b above, the question of whether the above obligations should be stipulated in a written contract or equivalent written instrument shall be stipulated by the law of the Member State of the Union where the film producer is located or resides. However, the Member State of the Union against which protection is claimed is entitled to stipulate that this obligation shall be determined by a written contract or equivalent written instrument. A State exercising this right shall notify the Director General by a written declaration, who shall in turn communicate this declaration to the other Member States of the Union.
d) "Contrary or special provisions" refers to restrictive conditions attached to the above obligations.
3. Unless otherwise provided by domestic law, the provisions of paragraph 2(b) of this Article shall not apply to the authors of scripts, dialogues and musical works created for film works, nor to the main directors of film works. However, a Member State of the Union whose laws do not provide for the application of subparagraph b of paragraph 2 above to film directors shall notify the Director General in a written statement, who shall transmit this statement to all Member States of the Union.
Article 14-3
1. For the original artistic works and manuscripts of writers and composers, the author or the person or institution authorized by national law after the author's death shall have the inalienable right to share the profits from each sale of the work after the author first transfers the work. right.
2. The protection specified in the preceding paragraph may be claimed against a member state of the Union only if the law of the country of nationality of the author permits it, and the degree of protection shall be limited to that provided by the law of the country to which the protection request is made.
3. The procedures for taxation and the amount of tax are determined by the laws of each country.
Article 15
1. Whenever the author of a literary or artistic work protected by this Convention names the work in the usual manner, he shall, in the absence of evidence to the contrary, be deemed to be the author of the work and shall have the right to assert his name in the Member States of the Union. File lawsuits against those who violate their rights. This paragraph also applies even if the author adopts a pseudonym, as long as the author's identity can be determined based on the pseudonym.
2. A natural or legal person who signs a film work in the usual way, unless there is evidence to the contrary, is presumed to be the producer of the work.
3. For unnamed works and pseudonymous works other than the works mentioned in the first paragraph above, if the publisher's name appears on the work, in the absence of contrary evidence, the publisher shall be deemed to be the representative of the author, and shall accordingly Qualifications entitled to assert and enforce the rights of the author. The provisions of this paragraph cease to apply when the author discloses his identity and proves that he is the author.
Four,
a) For unpublished works where the identity of the author is unknown but there are good reasons to assume that the author is a national of a member state of the Union, the law of that country has the right to designate a competent authority to represent the author and accordingly maintain and exercise the authority of the author in the members of the Union Domestic rights.
b) A Member State of the Union which designates a competent authority under this provision shall notify the Director-General of this matter by a written declaration which shall set out all relevant circumstances of the designated authority. The Director General shall immediately notify all other Member States of the Union of this declaration.
Article 16
1. All works that infringe copyright may be confiscated by any member state of the Union that grants legal protection to the original work.
2. The provisions of the preceding paragraph shall also apply to copies imported from countries that do not protect or cease to protect a certain work.
3. Confiscation shall be carried out in accordance with the laws of each country.
Article 17
The provisions of this Convention shall in no way prevent the right of the Government of each Member State of the Union to exercise by legislative or administrative procedure the right to permit, supervise or prohibit the distribution, performance or exhibition of any works or products thereof, if the appropriate authorities consider it necessary to exercise such authority against such works Such rights.
Article 18
1. This Convention shall apply to all works which have not become public property in their country of origin due to the expiration of their protection period when this Convention comes into force.
2. However, if the work becomes public property in the country to which protection is requested due to the expiration of the originally granted protection period, the work will no longer be protected by that country again.
3. These principles shall be implemented in accordance with the provisions of special treaties concluded now or in the future between the members of the Union. In the absence of such provisions, each country is free to determine within its own borders the conditions for the application of this principle.
4. The above provisions also apply when a new member joins the Union and when the scope of protection is expanded due to the application of Article 7 or the abandonment of reservations.
Article 19
The provisions of this Convention are without prejudice to claims for the wider protection which may be afforded by the law of a Member State of the Union.
Article 20
The Governments of the Member States of the Union shall have the right to conclude special agreements among themselves to grant to authors more rights than those provided for in this Convention, or to include other provisions not inconsistent with this Convention. Wherever the above conditions are met, the terms of existing agreements will still apply.
Article 21
1. Special provisions for developing countries are set out in the annex.
2. Subject to the provisions of Article 28, Paragraph 1, Item b, the attachment shall constitute an integral part of this document.
Article 22
one,
a) The Union shall have a General Assembly composed of the member states of the Union bound by Articles 22 to 26.
b) Each national government shall have one representative, supplemented by a number of deputy representatives, consultants and experts.
c) The expenses of each delegation shall be borne by the government of the sending country.
two,
a) General Assembly:
(1) Handle all issues related to the maintenance and development of the Alliance and the implementation of this Convention;
(2) With due regard to the views of the Member States of the Union not bound by Articles 22 to 26, submit to the International Intellectual Property Office (hereinafter referred to as "WIPO") mentioned in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as "WIPO") (hereinafter referred to as the "International Bureau") issues instructions concerning the preparations for the revision conference;
(3) Review and approve the reports and activities of the Director General of the organization regarding the Alliance, and issue all necessary instructions to him on issues within the jurisdiction of the Alliance;
(4) Elect members of the executive committee of the conference;
(5) Review and approve the reports and activities of the Executive Committee and issue instructions to it;
(6) Formulate plans, adopt the three-year budget of the Alliance and approve the final financial accounts;
(7) Adopt the financial regulations of this alliance;
(8) Establish expert committees and working groups needed to achieve the goals of the Alliance;
(9) Decide which non-member states of the Union and intergovernmental and non-governmental international organizations will participate in its meetings as observers;
(10) Adopt amendments to Articles 22 to 26;
(11) Take other appropriate actions aimed at achieving the goals of the Alliance;
(12) Exercise all other functions and powers stipulated in this Convention;
(13) Exercise the rights it accepts as conferred upon it by the Convention establishing WIPO.
b) On issues that are also relevant to the interests of other unions administered by WIPO, the General Assembly shall take into account the opinions of the WIPO Coordination Committee when making resolutions.
three,
a) Each member state of the General Assembly shall have one vote.
b) Half of the members of the Assembly constitute a quorum.
c) Notwithstanding the provisions of Item b, if at a certain meeting, the number of countries present is less than half but equal to or more than one-third of the membership of the General Assembly, the General Assembly may make a resolution; however, except for resolutions related to the rules of procedure of the General Assembly, The resolutions of the General Assembly must meet the following conditions before they can take effect: The International Bureau will notify the member states that did not attend the General Assembly of the above-mentioned resolutions, and ask them to vote in writing to express their agreement or opposition or to abstain from voting within three months from the time of the issuance of the above-mentioned notifications. If, at the expiration of the period, the number of States voting in this manner or abstaining reaches the number lacking a quorum and the necessary majority has been obtained, the above-mentioned resolution shall enter into force.
d) Subject to the provisions of Article 26, Paragraph 2, the resolution of the General Assembly shall be adopted by a two-thirds majority of the votes cast.
e) Abstentions will not be counted as votes.
f) A representative can only represent one country and can only vote in the name of that country.
g) The member states of the Union that are members of the General Assembly shall participate in the meeting as observers.
Four,
a) The General Assembly shall hold a regular session every three years, convened by the Director General, and shall be held at the same time and at the same place as the General Assembly of WIPO, except under special circumstances.
b) A special session of the General Assembly shall be convened by the Director-General at the request of the Executive Committee or at the request of one-fourth of the members of the General Assembly.
5. The conference adopts its rules of procedure.
Article 23
1. The conference shall establish an executive committee.
two,
a) The Executive Committee shall consist of countries elected by the General Assembly from among its member states. In addition, the country where the headquarters of WIPO is located shall have one ex officio seat on the Executive Committee, subject to the provisions of Article 25, paragraph 7, b.
b) Each government member of the Executive Committee has one representative, supplemented by a number of deputy representatives, consultants and experts.
c) The expenses of each delegation shall be borne by the government of the sending country.
3. The number of member states of the Executive Committee shall be one fourth of the number of member states of the General Assembly. When calculating the number of seats, the remainder after dividing by four is not included.
4. When electing the members of the Executive Committee, the General Assembly shall take into account the necessity of fair distribution by region and ensuring that countries that have concluded special agreements with the Union participate in the Executive Committee.
five,
a) The term of office of the members of the Executive Committee shall commence at the close of the session of the General Assembly in which they were elected and shall end at the close of the next regular session of the General Assembly.
b) The members of the Executive Committee may be re-elected, but their number shall not exceed two-thirds.
c) The General Assembly shall formulate detailed rules for the election and re-election of members of the Executive Committee.
six,
a) Executive Committee:
(1) Prepare a draft agenda for the conference;
(2) Submit to the General Assembly suggestions on the draft plan and triennial budget of the Union drafted by the Director-General;
(3) Adopt the annual program and budget drafted by the Director-General within the scope of the program and triennial budget;
(4) Submit the Director-General’s regular reports and annual financial reports to the General Assembly, together with necessary opinions;
(5) In accordance with the resolutions of the General Assembly and taking into account the circumstances that arise between the two regular sessions of the General Assembly, take all necessary measures to ensure that the Director-General implements the plan of the Union;
(6) Perform all other functions assigned to it by this Convention.
b) The Executive Committee shall take into account the opinions of the WIPO Coordination Committee when making decisions on matters that are also relevant to the interests of other unions administered by WIPO.
seven,
a) The Executive Committee, convened by the Director General, holds a regular meeting every year, as far as possible at the same time and at the same place as the WIPO Coordination Committee.
b) The Executive Committee may hold extraordinary meetings at the convocation of the Director General, or at his initiative, or at the request of the Chairman of the Executive Committee or a quarter of the member states.
eight,
a) Each member state of the Executive Committee shall have one vote.
b) Half of the members of the Executive Committee constitute a quorum.
c) Decisions are passed by a simple majority of the votes cast.
d) Abstentions will not be counted as votes.
e) A representative represents only one country and can only vote in the name of that country.
9. Member states of the Union that are not members of the Executive Committee will participate in its meetings as observers.
10. The Executive Committee adopts its rules of procedure.
Article 24
one,
a) The administrative tasks of the Union are carried out by the International Bureau, which takes over the work of the Bureau of the Union which merged with the Bureau of the Union established by the International Convention for the Protection of Industrial Property.
b) The International Bureau shall in particular serve as the secretariat for the different bodies of the Union.
c) The Director General of WIPO is the highest official of the Union and represents the Union.
2. The International Bureau collects and publishes information related to copyright protection. Each member state of the Union shall promptly send all new laws and official texts related to copyright protection to the International Bureau.
3. The International Bureau shall publish a monthly magazine.
4. The International Bureau shall, at the request of the Member States of the Union, provide them with information on matters relating to the protection of copyright.
5. The International Bureau engages in various research work and provides services conducive to copyright protection.
6. The Director-General and any staff designated by him may attend meetings of the General Assembly, the Executive Committee, other various expert committees or working groups, but have no voting rights. The Director-General or a staff member designated by him shall exercise the secretarial functions of these bodies.
seven,
a) The International Bureau shall, in accordance with the instructions of the General Assembly and in cooperation with the Executive Committee, prepare for the meeting to amend the provisions of the Convention except Articles 22 to 26.
b) The International Bureau may consult with intergovernmental and non-governmental international organizations on the preparation of revision conferences.
c) The Director General and persons designated by him may participate in the work of these meetings but shall not have the right to vote.
8. The International Bureau shall carry out other tasks assigned to it.
Article 25
one,
a) The Union establishes a budget.
b) The budget of the Union includes the Union’s own income and expenditures, its assessment of the common expenditure budget of the Unions, and the amounts transferred to the WIPO conference budget in accordance with regulations.
c) Expenses that are not exclusively attributable to this Union but are at the same time owned by another or several other Unions administered by WIPO are considered to be common expenses of the Unions. The Union's share of common expenses is determined by those expenses and its interests.
2. In formulating the budget of the Union, due consideration shall be given to coordination with the budgets of other Unions administered by WIPO.
3. The budget of the Union is funded by the following funds:
(1) Membership dues of alliance member states;
(2) Fees collected by the International Bureau for services provided in connection with the Union;
(3) Payments from the sale of publications of the International Bureau associated with the Union and royalties from the transfer of copyrights in these publications;
(4) Donations, bequests and grants;
(5) Rent, interest and other miscellaneous income.
Four,
a) In order to determine the contributions payable by member states in the budget, each member state of the Union is classified into a certain level and pays annual contributions based on the following specified number of units:
Level 1…………twenty-five units
Level 2…………twenty units
Level 3......Fifteen units
Level 4…………Ten units
Level 5…………Five units
Level 6......Three units
Level 7.........a unit
b) Except where previously specified, each State shall indicate at the time of deposit of its instrument of ratification or accession the classification into which it wishes to be included. Any country can also change levels. If a Member State chooses a lower tier, it shall declare so at the next session of the Conference, with the change taking effect from the beginning of the calendar year following that session.
c) The amount of each country's annual contribution accounts for the same proportion to the total annual contributions of all countries to the Union budget as the number of its units accounts for the same proportion as the total number of units of all contributing countries.
d) Membership dues shall be paid on January 1st of each year.
e) A country that has overdue contributions, if the total amount of arrears is equal to or exceeds the amount of contributions it should have paid in the previous two full years, shall not exercise its voting rights in all institutions of the Union of which it is a member. However, if any organ of the Union determines that such default is caused by extraordinary and unavoidable circumstances, the country may still be allowed to continue to exercise its voting rights.
f) If the budget has not been adopted before the start of the new fiscal year, the budget may be implemented at the level of the previous year in accordance with the system stipulated in the financial regulations.
5. The amount of fees payable by the International Bureau for services provided by the International Bureau in connection with the Union shall be fixed by the Director General, who shall report thereon to the General Conference and the Executive Board.
six,
a) The Union maintains a working capital fund consisting of a lump sum payment from each Member State. If the fund is insufficient, it will be increased by the decision of the General Assembly.
b) The amount of each country's initial contribution to the above-mentioned fund or the increase in its share of the fund shall be proportional to the amount of contributions paid by that country in the year in which the fund is established or the fund is decided to be increased.
c) The proportion and conditions of payment shall be decided by the General Assembly based on the proposal of the Director General and after consulting the WIPO Coordination Committee.
seven,
a) The headquarters agreement signed between WIPO and the country where the organization’s headquarters is located should stipulate that if the working capital fund is insufficient, the country can advance funds. The amount of the advance and the conditions under which it is provided shall be stipulated in each specific agreement between the State and WIPO. The country shall have an ex-officio seat on the Executive Committee during the period of its advance obligation.
b) The countries referred to in item a and WIPO shall each have the right to revoke the obligation to provide advances by written notice. Such repeal takes effect three years from the end of the year in which the notification is made.
8. The verification of the accounts shall be carried out by one or several member states of the Union, or by external auditors designated by the General Assembly and agreed by them, in accordance with the conditions stipulated in the Financial Regulations.
Article 26
1. All members of the General Assembly, the Executive Committee or the Director-General may propose amendments to Articles 22, 23, 24, 25 and this Article. These recommendations are communicated to the Member States of the General Conference by the Director-General at least six months before they are submitted to the General Conference for review.
2. Amendments to the articles referred to in paragraph 1 shall be adopted by the General Assembly. Adoption requires three-quarters of the votes cast; however, any amendments to Article 22 and this paragraph require the approval of four-fifths of the votes cast.
3. Any amendment to the articles referred to in paragraph 1 shall be effected until the Director General has received at least written notification from three-fourths of the States that were members of the Conference at the time of the amendment's adoption of their ratification of the amendment in accordance with their respective constitutional procedures. It will take one month to take effect. Amendments to the above Articles so adopted shall be binding on all States which are members of the Assembly at the time when the amendments enter into force or which become members of the Assembly after that date; provided that any increase in the financial obligations of a member of the Union shall Amendments are binding only on those States that have notified their ratification.
Article 27
1. This Convention may be revised in order to improve it and thereby complete the system of the Union.
2. For this purpose, meetings of representatives of each country may be held successively in the member countries of the Union.
3. Subject to the provisions of Article 26 regarding the amendment of Articles 22 to 26, all amendments to the text of this Convention, including amendments to the Annexes, must be unanimously approved by a unanimous vote.
Article 28
one,
a) Any member state of the Union that has signed the text of this Convention may ratify the text of this Convention or, if it has not yet signed it, may accede to the text of this Convention. The instrument of ratification or accession shall be deposited with the Director-General.
b) Any member state of the Union may declare in its instrument of ratification or accession that its ratification or accession does not apply to Articles 1 to 21 and the Annex; however, if the country has made a decision in accordance with Article 6, paragraph 1, of the Annex statement, it can only state in the above-mentioned document that its ratification or accession does not apply to Articles 1 to 20.
c) Any Member State of the Union which has declared under paragraph b that its ratification or accession has no effect with respect to the provisions referred to in that paragraph may at any time thereafter declare that the effect of its ratification or accession extends to those provisions. This statement shall be deposited with the Director General.
two,
a) Articles 1 to 21 and the appendices shall take effect three months after the following two conditions are met:
(1) At least five member states of the Union have ratified or acceded to the text of this Convention without making a declaration in accordance with paragraph 1(b);
(2) Spain, the United States of America, France and the United Kingdom of Great Britain and Northern Ireland are bound by the Universal Copyright Convention as revised at Paris on July 24, 1971.
b) For countries that have deposited instruments of ratification or accession but have not made a declaration in accordance with paragraph 1, subparagraph b, the provisions of paragraph a shall not enter into force earlier than three months after the above-mentioned entry into force.
c) For any Member State of the Union that has ratified or acceded to the text of this Convention and has not made a declaration in accordance with paragraph 1, subparagraph b, to which subparagraph b does not apply, Articles 1 to 21 and the annexes shall be notified by the Director General It shall take effect three months from the date of deposit of the document, unless a later date is stated in the deposited document. In the latter case, Articles 1 to 21 and the Annex shall enter into force for that country on the date indicated.
d) The provisions of items a and c do not imply the application of Article 5 of the Annex.
3. Articles 22 to 38 shall apply to any Member State of the Union which ratifies or accedes to the text of this Convention whether or not it has made a declaration in accordance with paragraph 1(b) of this Convention, upon notification by the Director-General that an instrument of ratification or accession has been deposited. It shall take effect three months after the date of filing, unless a later date is specified in the deposited documents. In the latter case, Articles 22 to 38 shall enter into force for that country on the dates indicated.
Article 29
1. Any party that is not a member of the Union may accede to the text of this Convention and thereby become a party to this Convention and a member of the Union. The instrument of accession shall be submitted to the Director-General for preservation.
two,
a) Subject to the provisions of paragraph b, this Convention shall enter into force for any party not a member of the Union three months after the date of notification by the Director-General of the deposit of its instrument of accession, unless the instrument of deposit indicates a later date. date. In the latter case, this Convention shall enter into force for that State on the date indicated.
b) If the provisions under paragraph a come into effect prior to the entry into force of Articles 1 to 21 and the Annex stipulated in Article 28, Paragraph 2, Item a, during this interval, the above-mentioned countries will be subject to the provisions of the first to Article 21 and the Annexes supersede Articles 1 to 20 of the Brussels Act of this Convention.
Article 29-2
In order for any State not bound by Articles 22 to 38 of the Stockholm Act of this Convention to be able to apply Article 14, paragraph 2, of the Convention establishing WIPO, its ratification or accession to that Act shall constitute ratification or accession. Stockholm Act, subject to Article 28, paragraph 1, b, of this Act.
Article 30
1. Except for paragraph 2 of this Article, paragraph 1(b) of Article 28, paragraph 2 of Article 33, and the exceptions permitted in the Annex, ratification or accession shall automatically imply acceptance of all the provisions of this Convention and the enjoyment of all the provisions of this Convention. all benefits provided for in the Convention.
two,
a) Any Member State of the Union which ratifies or accedes to the text of this Convention may, subject to the provisions of Article 5, paragraph 2, of the Annex, retain the force of its original reservations provided that at the time of deposit of its instrument of ratification or accession Make a statement about it.
b) Any country not a member of the Union may accede to the text of this Convention and, without prejudice to Article 5, paragraph 2, of the Annex, may declare that it intends to act in accordance with the provisions of Article 5 of the Convention of 1886 of the Union, as amended at Paris, 1896 Replaces at least temporarily Article 8 of the text of this Convention concerning the right of translation, provided that these provisions refer only to translations into a language commonly used in that country. Without prejudice to Article 1, paragraph 6 (b) of the Annex, any Member State of the Union shall be entitled to provide protection equal to that provided by the latter country with respect to the right of translation of works in the country in which this reservation has been applied as its country of origin. .
c) Any State may withdraw such a reservation at any time by notifying the Director General.
Article 31
1. Any State may declare in its instrument of ratification or accession, or may thereafter notify the Director-General in writing at any time, that this Convention shall apply to all the fields of its external relations for which it is responsible or to certain parts of the fields specified in the declaration or notification.
2. Any State which has made such a declaration or notification may at any time notify the Director-General that this Convention no longer applies to all or part of those areas.
three,
a) Any declaration made under paragraph 1 shall enter into force on the same day as the instrument of ratification or accession contained in the document containing the declaration, and a notification under that paragraph shall enter into force three months after the notification by the Director General.
b) A notification made in accordance with paragraph 2 shall take effect twelve months after the Director General receives the notification.
4. This Article shall not be construed as including an express or tacit recognition by a Member State of the Union of the factual situation in which another Member State applies this Convention in a certain field on the basis of a declaration made under paragraph 1.
Article 32
1. This Act replaces the Berne Convention of September 9, 1886 and its subsequent amendments with respect to the relations between the Member States of the Union and within the scope of its application. In the relations between Member States of the Union that have not ratified or acceded to this Act, the previously valid Acts shall retain their applicability in whole or to the extent that this Act does not supersede them in accordance with the provisions of the preceding sentence.
2. A non-member state of the Union that is a party to this Act shall, subject to the conditions specified in paragraph 3, treat any treaty that is not bound by this Act or is bound by it but has made the provisions of Article 28, paragraph 1, subparagraph b. This Regulation shall apply to any Member State of the Union that makes a prescribed declaration. The above-mentioned countries recognize that, in relations with them, they are members of the Union.
(1) Apply the provisions of the latest text of this Convention to which it is a party, and
(2) Subject to the provisions of Article 1, paragraph 6, of the Annex, the right to adapt protection to the level specified in this text.
3. A State which, when ratifying or acceding to this Act, makes a reservation permitted by the Annex shall, in its relations with a Member State of the Union which is not a party to this Act, apply the provisions of the reservation contained in the Annex, provided that these It is conditional on the State's recognition of the application of the above reservations.
Article 33
1. If a dispute arises between two or more States members of the Union concerning the interpretation or application of this Convention which cannot be settled through negotiation, and if the countries concerned cannot agree on other means of settlement, either party may, in accordance with the Statute of the International Court of Justice, Provides for the submission of disputes to the International Court of Justice by prosecution. The complaining State shall notify the International Bureau of the dispute before the Court; the International Bureau shall inform the other Member States of the Union about the matter.
2. Any State, when signing this Act or depositing its instrument of ratification or accession, may declare that it is not bound by the provisions of paragraph 1. The provisions of paragraph 1 shall not apply in relation to any dispute between that country and any other member of the Union.
3. Any State that has made a declaration consistent with the provisions of paragraph 2 may at any time withdraw its declaration by notifying the Director-General.
Article 34
1. Except as provided in Article 29bis, no country may accede to or ratify previous texts of this Convention after Articles 1 to 21 and the Annexes have come into effect.
2. After Articles 1 to 21 and the Annexes come into effect, no country may make a statement in accordance with Article 5 of the Protocol on Developing Countries annexed to the Stockholm Act.
Article 35
1. This Convention shall remain in force indefinitely.
2. Any State may denounce this Act by notification to the Director General. The abrogation of this Act shall constitute the abrogation of all previous Acts. The abrogation shall be effective only with respect to that State, while the present Convention shall remain in force and shall continue to be enforced with respect to other Member States of the Union.
3. The abolition shall take effect one year from the date on which the Director General receives the notice of abrogation.
4. A country shall not exercise the right of abolition provided for in this Article if it has been less than five years since it became a member of the Union.
Article 36
1. Each State party to this Convention undertakes the obligation to take necessary measures in accordance with its constitution to ensure the implementation of this Convention.
2. It is self-evident that a State shall be able to implement the provisions of this Convention in accordance with its domestic law when depositing its instrument of ratification or accession.
Article 37
one,
a) Subject to the provisions of paragraph 2, this text shall be signed in two languages, English and French, and shall be deposited with the Director General.
b) The Director-General, after consultation with the governments concerned, shall prepare official texts in Arabic, Spanish, Italian, German and Portuguese and such other texts as may be designated by the Conference.
c) In the event of any dispute over the interpretation of different texts, the French text shall prevail.
2. This text shall be open for signature until January 31, 1972. Prior to this date, the text referred to in paragraph 1(a) shall be deposited with the Government of the French Republic.
3. The Director-General shall transmit two signed and certified copies of this Act to the Governments of each Member State of the Union and, upon request, to the Government of any other country.
4. The Director-General shall register this text with the Secretariat of the United Nations Organization.
5. The Director-General shall inform all the Governments of the Member States of the Union of the following: signatures, deposits of instruments of ratification or accession contained in these documents or pursuant to Article 28, paragraph 1, subparagraph c, Article 30 The deposit of declarations made under paragraph 2, paragraphs a and b, and Article 33, paragraph 2, the entry into force of any provision of this text, the notification of repeal and the declarations made in accordance with Article 30, paragraph 2, paragraph c, Article 30 The notifications in paragraphs 1 and 2 of Article 1, paragraph 3 of Article 33 and paragraph 1 of Article 38 and the notifications specified in the Annex.
Article 38
1. Any Member State of the Union that has not ratified or acceded to this Act and is not bound by Articles 22 to 26 of the Stockholm Act may, if they wish, exercise the provisions of the above-mentioned articles before April 26, 1975. rights as if bound by them. Any State wishing to exercise the above rights shall deposit to the Director General a written notification for this purpose, which notification shall be effective from the date of its signature. Until the expiration of the above period, these countries shall be considered members of the Assembly.
2. Before all member states of the Union have become member states of WIPO, the International Bureau of WIPO will simultaneously work as the Bureau of the Union, and the Director General will be the Director of the Bureau.
3. When all Member States of the Union have become members of WIPO, the rights, obligations and property of the Bureau of the Union shall vest in the International Bureau of WIPO.
appendix
Article 1
(1) Any State Party that is considered a developing country in accordance with the practice of the United Nations General Assembly and has ratified or acceded to the text of this Convention of which this Annex forms an integral part, but is unable to do so at the present time due to its economic situation and social or cultural needs. Appropriate arrangements to ensure the protection of all the rights provided for in this Act may be submitted to the Director-General at the same time as the deposit of its instrument of ratification or accession, or at any subsequent date in accordance with Article 5, paragraph 1, c, of the Annex. The notice states that it will take advantage of the benefits stipulated in Article 2 or 3 of the attachment, or the rights and interests stipulated in these two articles. It may make a declaration in accordance with the provisions of Article 5, paragraph 1, item a, of the Annex in lieu of taking advantage of the benefits provided for in Article 2 of the Annex.
(two)
a) Any such declaration made in accordance with the provisions of paragraph 1 and before the expiry of ten years from the date of entry into force of articles 1 to 21 and this Annex in accordance with the provisions of paragraph 2 of article 28, until the expiry of this period are valid until now. The State concerned may renew such declaration in whole or in part for ten years at a time by submitting a notification to the Director-General within fifteen months and three months of the expiration of the ten-year period.
b) Any declaration made in accordance with the provisions of paragraph 1 and made after the expiration of ten years from the date of entry into force of Articles 1 to 21 and this Annex in accordance with the provisions of paragraph 2 of Article 28, until the expiration of the current ten years All are valid. Such declaration may be extended in accordance with the second sentence of subparagraph a.
(3) Any Member State of the Union which is no longer regarded as a developing country within the meaning of paragraph 1 shall have no right to continue the declaration provided for in paragraph 2, regardless of whether it withdraws its declaration or not. At the expiration of one year, or three years after ceasing to be considered a developing country (whichever expires later), the benefits referred to in paragraph 1 can no longer be used.
(4) When the declaration made in accordance with the provisions of paragraph 1 or 2 expires, works that have been licensed for printing in accordance with the provisions of this annex and are still in stock may continue to be distributed until they are sold out.
(5) Any State bound by the provisions of this Act and which has made a declaration or notification in accordance with Article 31, paragraph 1, with respect to the application of this Act to special areas in which the situation may be similar to that of the State referred to in paragraph 1 of this Article, may make a declaration or notification in that area A statement referred to in paragraph 1 or a notice of extension referred to in paragraph 2. As long as such declaration or notification is in force, the provisions of this Annex shall apply to the territory to which it refers.
(six)
a) The fact that one country takes advantage of the advantages referred to in paragraph 1 shall not cause another country to grant less protection than that due under Articles 1 to 20 to works whose country of origin is the previous country.
b) The reciprocal rights provided for in Article 30, Paragraph 2, Subparagraph b, second sentence, shall not be used in the country of origin that is in accordance with Article 5, Article 5 of the Annex, before the expiration of the period for implementation in accordance with Article 1, Paragraph 3 of the Annex. A work of a country that made a declaration under subparagraph a.
Article 2
(1) Any State declaring to avail itself of the benefits provided for in this Article shall be entitled, with respect to works published in printed form or any other similar reproduction form, to the competent authority in accordance with Article 4 of the Annex in the circumstances referred to in the following paragraph A system of non-exclusive and non-transferable licenses is provided in lieu of the exclusive translation rights provided for in Article 8.
(two)
a) Subject to paragraph 3, when a work has not been published in a language commonly used in that country by or with the authorization of the owner of the translation right after the expiry of three years from its first publication or such longer period as may be prescribed by the national law of the country concerned Any national of that country shall have the right to obtain a license to translate the work into a language commonly used in that country and to publish the translation in printed form or any other similar reproduction form.
b) A license may also be issued under this Article if all editions of the translation published in the language concerned have been sold.
(three)
a) When the work is translated into a language that is not popular in one or more developed countries of the Union, the three-year period specified in paragraph 2(a) shall be replaced by a one-year period.
b) Any country mentioned in paragraph 1 may substitute paragraph 2 for a shorter period provided for in that agreement if a translation is to be made into that language by unanimous agreement among the developed member countries of the Union which use the same language. The three-year period specified in item a, but shall not be less than one year. Nevertheless, the preceding sentence shall not apply if the text in question is in English, Spanish or French. All agreements in this regard shall be communicated to the Director-General by the signatory Government.
(4) If the license specified in this article takes three years to obtain, it will be issued after six months; if it takes one year to obtain, it will take another nine months to issue, and the above-mentioned Six or nine month period:
(1) Starting from the date when the applicant completes the procedures specified in paragraph 1 of Article 4 of the attachment;
(2) If the identity or address of the owner of the translation right is unknown, the period shall start from the date on which a copy of the application submitted by the applicant to the competent authority issuing the license is sent in accordance with the provisions of Article 4, paragraph 2, of the Annex.
b) No license shall be granted under this Article if, within a period of 6 or 9 months, a translation is published in the text requested for use by or with the authority of the owner of the translation right.
(5) Any license referred to in this section shall be granted only for the purposes of school, university education or research.
(6) If the price of a translation published by the owner of the translation right or with his authorization is similar to the price prevailing for similar works in the country concerned, and the text and basic content of the translation are the same as those of the translation approved for publication under a license and content, the license issued by the Contracting State under this article shall be revoked. Copies published before the license is revoked may be issued until sold out.
(7) For works that mainly consist of pictures, licenses for text translation and picture reproduction and publication can only be issued when the conditions specified in Article 3 of the Annex are fulfilled.
(8) No license shall be granted under this section when the author ceases to distribute all copies of his work.
(Nine)
a) A license for the translation of a work published in printed form or any other similar reproduction form: may also be issued upon request by the broadcaster to the competent authority of a country referred to in paragraph 1, established in that country broadcaster, provided all of the following conditions are met:
(1) The translation must be based on samples produced and obtained in accordance with the laws of that country;
(2) The translation can only be used for teaching broadcasts or broadcasts to disseminate scientific and technological information results to experts in specific professions;
(3) Translations specifically for the purposes referred to in subparagraph (2) shall be used in legitimate broadcasts to listeners on the territory of that country, including audio and video recordings that are legitimate and made specifically for such broadcasts. elephant;
(4) All uses of translations are non-profit-making.
b) Audio or video recordings of translations produced by a broadcaster under a license issued under this paragraph may, subject to the reservations and conditions specified in subparagraph a, and in accordance with a contract with the said broadcaster, also be made available to the authorities of used by another broadcaster with a seat in the country that issued the license.
c) Licenses may also be issued to broadcasters for the translation of all texts contained in audiovisual textbooks produced and published specifically for use in schools and universities, provided that all the guidelines and conditions enumerated in point a are complied with.
d) Without prejudice to items a to c, the provisions of the preceding paragraphs of this Article shall also apply to and have the effect of any license issued under this Article.
Article 3
(1) Any State declaring to avail itself of the benefits provided for in this Article shall be entitled to substitute a non-exclusive and non-transferable licensing system under Article 4 of the Annex by the competent authority under the following conditions: Reproduction rights available.
(two)
a) For works to which this Article applies under paragraph 7,
(1) after the expiry of the period specified in paragraph 3 commencing with the first publication of a particular edition of the work, or
(2) After the expiration of a longer period established by the national law of the country referred to in paragraph 1 and drawn up from the same date, if the printed copies of the edition are not already sold at a price similar to the price prevailing in that country for similar works The edition may be reproduced and published at an equal or lower price by any national of that country if it is sold in that country by or under the authority of the owner of the right of reproduction and thereby does not meet the needs of the public at large or teaching in schools and universities. license to meet the needs of school and university teaching.
b) Subject to the conditions specified in this article, a license may also be issued for the reproduction and publication of an edition issued in compliance with the provisions of item a, if, after the expiration of the applicable period, the approved printed copies of the edition have been out of stock in the country concerned for six months , and cannot meet the needs of the general public or the teaching needs of schools and universities at a price similar to the prevailing price of similar works in the country.
(3) The period referred to in subparagraph (1) of paragraph 2a is five years. but
(1) For works related to exact science, natural science and technology, three years;
(2) Seven years for works belonging to the field of imagination, such as novels, poems, dramatic and musical works, and art books.
(Four)
a) Where a license is obtained after the expiry of three years, a further period of six months shall elapse before a license can be issued under this Article:
(1) Starting from the date when the applicant completes the procedures specified in paragraph 1 of Article 4 of the attachment;
(2) If the identity or address of the owner of the right of reproduction is unknown, the period shall commence from the date on which the applicant sends a copy of the license application to the competent authority in accordance with the provisions of Article 4, paragraph 2, of the Annex.
b) In other cases where Paragraph 2 of Article 4 of the Annex applies, a license shall not be issued before the expiration of three months after sending a copy of the application.
c) No license shall be issued under this article if the sales mentioned in paragraph 2, paragraph a, have been achieved during the six-month or three-month period specified in paragraphs a and b.
d) No license shall be granted when the author has ceased distribution of all copies of the version of the work for which the license is sought for reproduction and publication.
(5) A license to reproduce and publish a translation of a work shall not be granted under this section if:
(1) The translation involved is not published by or with the authorization of the owner of the translation rights;
(2) The translation is not in a language commonly used in the country from which the license is applied for.
(6) If a printed copy of an edition of a work at a price similar to the prevailing price for similar works in that country is used to satisfy the needs of the public at large or for teaching in schools and universities, and is owned by the right of reproduction in the country referred to in paragraph 1 any license granted under this section shall be revoked if the text and substance of that edition are the same as those of a edition approved for publication under the licence. All copies issued before the license is revoked may be issued until sold out.
(seven)
a) Except as provided in item b, the works to which this article applies can only be works published in printed form or any other similar reproduction form.
b) This Article shall also apply to the reproduction of a lawfully produced video or audio recording containing a protected work and the reproduction of an accompanying translation published in a language prevailing in the country for which a license is requested, provided that the video or audio recording concerned It must be produced and published for the sole purpose of school and university use.
Article 4
(1) Any license referred to in Article 2 or 3 of the Annex shall be issued only if the applicant proves, in accordance with the current regulations of the country concerned, that it has submitted to the rights holder for translation and publication of the translation, as the case may be, or requests for reproduction and publication of editions cannot be approved or the rights holder cannot be located despite considerable efforts. At the same time as this application is made to the rights owner, the applicant must also notify the national or international information center referred to in paragraph 2 of this application.
(2) If the applicant cannot locate the owner of the rights, a copy of the application submitted to the competent authority mentioned in the granting license shall be sent by registered mail to the publisher named on the work and to the principal person believed to be the publisher. Any national or international intelligence center designated for this purpose by the Government of the country in which the operational center is located by notification to the Director-General.
(3) The author's name shall be listed on all copies of translations or reproductions published under licenses issued under Articles 2 and 3 of the Annex. The title of the work should appear on all prints. In the case of translations, the title of the original work shall in any case appear on all printed copies.
(Four)
a) Any license granted under Article 2 or 3 of the Annex shall not extend to the export of printed copies; it shall apply only to translations or reproductions published in the territory of the country to which the license was issued.
b) For the purposes of paragraph a, any shipment of a printed copy from any territory to a State that has made a declaration on behalf of that territory in accordance with Article 1, paragraph 5, of the Annex shall be deemed to be an export.
c) When a governmental agency or other public body of a country that has issued a license under Article 2 of the Annex for a translation into a language other than English, Spanish or French sends to another country a hard copy of the translation published under that license. This shipment shall not be regarded as an export prohibited by item a, provided that all of the following conditions are met:
(1) The recipient must be a national of the country to which the competent authority that issued the license belongs or an organization composed of these nationals;
(2) Printed copies are only for school, university or scientific research use;
(3) The printed copies sent to the recipient and their further distribution are not of any profit-making nature; and
(4) The country to which the printed copy is sent has an agreement with the country whose competent authority has issued a license authorizing the receipt or distribution or both, and the latter has notified the Director-General of the agreement.
(5) Any print published under a license issued under Article 2 or 3 of the Annex shall contain a notice in the appropriate language stating that the print may only be made in the country or territory to which the license applies. issued.
(six)
a) Take appropriate measures through domestic procedures to enable
(1) The license provides for the payment of fair remuneration to the owner of translation or reproduction rights, depending on the circumstances, in an amount equivalent to the royalty rates normally paid by the parties concerned in both countries if the license was granted through negotiation; and
(2) Ensure the payment and transfer of the remuneration; if there are national controls on foreign exchange, the competent authority will turn to international agencies to make every effort to ensure that the remuneration is converted into an internationally convertible currency or other equivalent.
b) Appropriate measures will be taken through domestic legislative procedures to ensure the accuracy of translation and reproduction of works according to different circumstances.
The fifth
(one)
a) Any State entitled to declare that it will avail itself of the benefits provided for in Article 2 of the Annex may, when ratifying or acceding to this Act, omit such declaration and instead:
(1) Make a declaration in accordance with the provisions of Article 30, paragraph 2, subparagraph a, regarding the right of translation, if it is a country to which Article 30, paragraph 2, subparagraph a, applies;
(2) Make a declaration in accordance with the first sentence of Article 30, paragraph 2, b, if it is a country to which Article 30, paragraph 2, a, does not apply, or even if it is not a member of the Union.
b) In the event that a country is no longer considered to be a developing country within the meaning of Article 1, paragraph 1, of the Annex, the declaration made under this paragraph shall continue to be valid until the implementation of the provisions of Article 1, paragraph 3, of the Annex. until the expiration date of the term.
c) Any State that makes a declaration under this paragraph shall not further avail itself of the benefits provided for in Article 2 of the Annex even if it withdraws that declaration.
(2) Except as provided in paragraph 3, any country that has taken advantage of the preferences provided for in Article 2 of the Annex may no longer make a declaration under paragraph 1.
(3) Any country that is no longer considered to be a developing country within the meaning of Article 1, paragraph 1, of the Annex may, not later than two years before the expiry of the implementation period under Article 1, paragraph 3 of the Annex, be exempted under Article 30 makes a declaration in the first sentence of subparagraph b of Article 2, even if it is not a member of the Union. This declaration will enter into force on the expiry date of the implementation period under Article 1, paragraph 3, of the Annex.
Article 6
(1) Any Member State of the Union may, from the date of entry into force of this Act and at any time before becoming bound by Articles 1 to 21 and the Annexes:
(1) A country that would be entitled to take advantage of the benefits referred to in Article 1, paragraph 1, if it were bound by Articles 1 to 21 and this Annex, may declare that it will treat works whose country of origin is: The provisions of Article 2 or Article 3 of the Annex or both shall apply. When applying subparagraph ② below, this country agrees to apply the above two articles to such works or to be bound by Articles 1 to 21 and this Annex; this declaration may refer to Article 5 of the Annex instead of Article 2;
(2) It may declare that it agrees to the application of this Annex to works whose country of origin is a country that has made a declaration under subparagraph ① above or filed a notification under Article 1 of the Annex.
(2) Any declaration under paragraph 1 shall be made in writing and deposited with the Director-General. The declaration shall be effective from the date of deposit.
In witness, this text is signed by the duly authorized undersigned.
Completed in Paris on July 24, 1974.