APPENDIX 1 Latest text of Berne Convention (1971 Paris Act plus Appendix)

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 2, 1928, at BRUSSELS on June 26, 1948, at STOCKHOLM on July 14, 1967, and at PARIS on July 24, 1971

The countries of the Union, being equally addresses, sermons and other works of the animated by the desire to protect, in as effec- same nature; dramatic or dramatico-musical tive and uniform a manner as possible, the works; choreographic works and entertain- rights of authors in their literary and artistic ments in dumb show; musical compositions works, with or without words; cinematographic works Recognising the importance of the work of the to which are assimilated works expressed by a Revision Conference held at Stockholm in process analogous to cinematography; works 1967, of drawing, painting, architecture, sculpture, engraving and lithography; photographic works Having resolved to revise the Act adopted by to which are assimilated works expressed by a the Stockholm Conference, while maintaining process analogous to photography; works of without change Articles 1 to 20 and 22 to 26 of applied art; illustrations, maps, plans, sketches that Act. and three-dimensional works relative to geog- Consequently, the undersigned Plenipoten- raphy, topography, architecture or science. tiaries, having presented their full powers, recognised as in good and due form, have (2) It shall, however, be a matter for legislation agreed as follows: in the countries of the Union to prescribe that works in general or any specified categories of Article 1 works shall not be protected unless they have been fixed in some material form. The countries to which this Convention applies constitute a Union for the protection (3) Translations, adaptations, arrangements of the rights of authors in their literary and of music and other alterations of a literary or artistic works. artistic work shall be protected as original works without prejudice to the copyright in Article 2 the original work. (1) The expression ‘literary and artistic works’ (4) It shall be a matter for legislation in the shall include every production in the literary, countries of the Union to determine the scientific and artistic domain, whatever may be protection to be granted to official texts of a the mode or form of its expression, such as legislative, administrative and legal nature, books, pamphlets and other writings; lectures, and to official translations of such texts.

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(5) Collections of literary or artistic works exclusive right of making a collection of his such as encyclopaedias and anthologies which, works mentioned in the preceding paragraphs. by reason of the selection and arrangement of their contents, constitute intellectual creations Article 3 shall be protected as such, without prejudice to the copyright in each of the works forming (1) The protection of this Convention shall part of such collections. apply to: (a) authors who are nationals of one of the (6) The works mentioned in this Article shall countries of the Union, for their works, enjoy protection in all countries of the Union. whether published or not; This protection shall operate for the benefit of (b) authors who are not nationals of one of the the author and his successors in title. countries of the Union, for their works (7) Subject to the provisions of Article 7(4) of first published in one of those countries, this Convention, it shall be a matter for legisla- or simultaneously in a country outside the tion in the countries of the Union to determine Union and in a country of the Union. the extent of the application of their laws to (2) Authors who are not nationals of one of works of applied art and industrial designs and the countries of the Union but who have their models, as well as the conditions under which habitual residence in one of them shall, for the such works, designs and models shall be pro- purposes of this Convention, be assimilated to tected. Works protected in the country of nationals of that country. origin solely as designs and models shall be entitled in another country of the Union only (3) The expression ‘published works’ means to such special protection as is granted in that works published with the consent of their country to designs and models; however, if no authors, whatever may be the means of manu- such special protection is granted in that coun- facture of the copies, provided that the avail- try, such works shall be protected as artistic ability of such copies has been such as to satisfy works. the reasonable requirements of the public, having regard to the nature of the work. The (8) The protection of this Convention shall performance of a dramatic, dramatico-musical, not apply to news of the day or to mis- cinematographic or musical work, the public cellaneous facts having the character of mere recitation of a literary work, the communica- items of press information. tion by wire or the broadcasting of literary or artistic works, the exhibition of a work of art bis Article 2 and the construction of a work of architecture shall not constitute publication. (1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in (4) A work shall be considered as having been part, from the protection provided by the pre- published simultaneously in several countries if ceding Article political speeches and speeches it has been published in two or more countries delivered in the course of legal proceedings. within thirty days of its first publication. (2) It shall also be a matter for legislation in the countries of the Union to determine the Article 4 conditions under which lectures, addresses The protection of this Convention shall apply, and other works of the same nature which are even if the conditions of Article 3 are not delivered in public may be reproduced by the fulfilled, to: press, broadcast, communicated to the public (a) authors of cinematographic works the by wire and made the subject of public com- maker of which has his headquarters or munication as envisaged in Article 11bis(1) of habitual residence in one of the countries this Convention, when such use is justified by of the Union; the informatory purpose. (b) authors of works of architecture erected in (3) Nevertheless, the author shall enjoy the a country of the Union or of other artistic

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works incorporated in a building or other works the maker of which has his structure located in a country of the headquarters or his habitual residence Union. in a country of the Union, the country of origin shall be that country, and Article 5 (ii) when these are works of architecture erected in a country of the Union or (1) Authors shall enjoy, in respect of works other artistic works incorporated in a for which they are protected under this Con- building or other structure located in vention, in countries of the Union other than a country of the Union, the country of the country of origin, the rights which their origin shall be that country. respective laws do now or may hereafter grant to their nationals, as well as the rights specially Article 6 granted by this Convention. (1) Where any country outside the Union fails (2) The enjoyment and the exercise of these to protect in an adequate manner the works rights shall not be subject to any formality; of authors who are nationals of one of the such enjoyment and such exercise shall be countries of the Union, the latter country may independent of the existence of protection in restrict the protection given to the works of the country of origin of the work. Con- authors who are, at the date of the first publica- sequently, apart from the provisions of this tion thereof, nationals of the other country Convention, the extent of protection, as well as and are not habitually resident in one of the the means of redress afforded to the author to countries of the Union. If the country of first protect his rights, shall be governed exclusively publication avails itself of this right, the other by the laws of the country where protection is countries of the Union shall not be required to claimed. grant to works thus subjected to special treat- (3) Protection in the country of origin is ment a wider protection than that granted to governed by domestic law. However, when the them in the country of first publication. author is not a national of the country of origin (2) No restrictions introduced by virtue of of the work for which he is protected under the preceding paragraph shall affect the rights this Convention, he shall enjoy in that country which an author may have acquired in respect the same rights as national authors. of a work published in a country of the Union (4) The country of origin shall be considered before such restrictions were put into force. to be: (3) The countries of the Union which restrict (a) in the case of works first published in a the grant of copyright in accordance with this country of the Union, that country; in the Article shall give notice thereof to the Director case of works published simultaneously in General of the World Intellectual Property several countries of the Union which grant Organisation (hereinafter designated as ‘the different terms of protection, the country Director General’) by a written declaration whose legislation grants the shortest term specifying the countries in regard to which pro- of protection; tection is restricted, and the restrictions to (b) in the case of works published simul- which rights of authors who are nationals of taneously in a country outside the Union those countries are subjected. The Director and in a country of the Union, the latter General shall immediately communicate this country; declaration to all the countries of the Union. (c) in the case of unpublished works or of works first published in a country outside Article 6bis the Union, without simultaneous pub- lication in a country of the Union, the (1) Independently of the author’s economic country of the Union of which the author rights, and even after the transfer of the said is a national, provided that: rights, the author shall have the right to claim (i) when these are cinematographic authorship of the work and to object to any

1333 Appendix 1 distortion, mutilation or other modification protect anonymous or pseudonymous works of, or other derogatory action in relation to, in respect of which it is reasonable to presume the said work, which would be prejudicial to that their author has been dead for fifty years. his honour or reputation. (4) It shall be a matter for legislation in the (2) The rights granted to the author in countries of the Union to determine the term accordance with the preceding paragraph shall, of protection of photographic works and that after his death, be maintained, at least until the of works of applied art in so far as they are expiry of the economic rights, and shall be protected as artistic works; however, this term exercisable by the persons or institutions shall last at least until the end of a period of authorised by the legislation of the country twenty-five years from the making of such a where protection is claimed. However, those work. countries whose legislation, at the moment of (5) The term of protection subsequent to the their ratification of or accession to this Act, death of the author and the terms provided by does not provide for the protection after the paragraphs (2), (3) and (4) shall run from the death of the author of all the rights set out in date of death or of the event referred to in the preceding paragraph may provide that those paragraphs, but such terms shall always some of these rights may, after his death, cease be deemed to begin on the first of January of to be maintained. the year following the death or such event. (3) The means of redress for safeguarding the (6) The countries of the Union may grant a rights granted by this Article shall be governed term of protection in excess of those provided by the legislation of the country where protec- by the preceding paragraphs. tion is claimed. (7) Those countries of the Union bound by Article 7 the Rome Act of this Convention which grant, in their national legislation in force at the time (1) The term of protection granted by this of signature of the present Act, shorter terms Convention shall be the life of the author and of protection than those provided for in the fifty years after his death. preceding paragraphs shall have the right to maintain such terms when ratifying or acced- (2) However, in the case of cinematographic ing to the present Act. works, the countries of the Union may provide that the term of protection shall expire fifty (8) In any case, the term shall be governed by years after the work has been made available to the legislation of the country where protection the public with the consent of the author, or, is claimed; however, unless the legislation of failing such an event within fifty years from that country otherwise provides, the term shall the making of such a work, fifty years after the not exceed the term fixed in the country of making. origin of the work.

(3) In the case of anonymous or pseudonym- bis ous works, the terms of protection granted by Article 7 this Convention shall expire fifty years after the The provisions of the preceding Article shall work has been lawfully made available to the also apply in the case of a work of joint public. However, when the pseudonym authorship, provided that the terms measured adopted by the author leaves no doubt as to his from the death of the author shall be calculated identity, the term of protection shall be that from the death of the last surviving author. provided in paragraph (1). If the author of an anonymous or pseudonymous work discloses Article 8 his identity during the above-mentioned period, the term of protection applicable shall Authors of literary and artistic works protected be that provided in paragraph (1). The by this Convention shall enjoy the exclusive countries of the Union shall not be required to right of making and of authorising the

1334 Latest Text of Berne Convention (1971 Paris Act plus Appendix) translation of their works throughout the term communication to the public by wire of of protection of their rights in the original articles published in newspapers or periodicals works. on current economic, political or religious topics, and of broadcast works of the same Article 9 character, in cases in which the reproduction, broadcasting or such communication thereof is (1) Authors of literary and artistic works pro- not expressly reserved. Nevertheless, the source tected by this Convention shall have the must always be clearly indicated; the legal con- exclusive right of authorising the reproduction sequences of a breach of this obligation shall be of these works, in any manner or form. determined by the legislation of the country (2) It shall be a matter for legislation in the where protection is claimed. countries of the Union to permit the reproduc- (2) It shall also be a matter for legislation in tion of such works in certain special cases, pro- the countries of the Union to determine the vided that such reproduction does not conflict conditions under which, for the purpose of with a normal exploitation of the work and reporting current events by means of photog- does not unreasonably prejudice the legitimate raphy, cinematography, broadcasting or com- interests of the author. munication to the public by wire, literary or (3) Any sound or visual recording shall be artistic works seen or heard in the course of considered as a reproduction for the purposes the event may, to the extent justified by the of this Convention. informatory purpose, be reproduced and made available to the public. Article 10 Article 11 (1) It shall be permissible to make quotations (1) Authors of dramatic, dramatico-musical from a work which has already been lawfully and musical works shall enjoy the exclusive made available to the public, provided that right of authorising: their making is compatible with fair practice, and their extent does not exceed that justified (i) the public performance of their works, by the purpose, including quotations from including such public performance by any newspaper articles and periodicals in the form means or process; of press summaries. (ii) any communication to the public of the performance of their works. (2) It shall be a matter for legislation in the countries of the Union, and for special agree- (2) Authors of dramatic or dramatico-musical ments existing or to be concluded between works shall enjoy, during the full term of their them, to permit the utilisation, to the extent rights in the original works, the same rights justified by the purpose, of literary or artistic with respect to translations thereof. works by way of illustration in publications, broadcasts or sound or visual recordings for Article 11bis teaching, provided such utilisation is compat- ible with fair practice. (1) Authors of literary and artistic works shall enjoy the exclusive right of authorising: (3) Where use is made of works in accordance with the preceding paragraphs of this Article, (i) the broadcasting of their works or the mention shall be made of the source, and of communication thereof to the public by the name of the author if it appears thereon. any other means of wireless diffusion of signs, sounds or images; Article 10bis (ii) any communication to the public by wire or by rebroadcasting of the broadcast (1) It shall be a matter for legislation in the of the work, when this communication is countries of the Union to permit the repro- made by an organisation other than the duction by the press, the broadcasting or the original one;

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(iii) the public communication by loud- Article 13 speaker or any other analogous instru- ment transmitting, by signs, sounds or (1) Each country of the Union may impose images, the broadcast of the work. for itself reservations and conditions on the exclusive right granted to the author of a (2) It shall be a matter for legislation in the musical work and to the author of any words, countries of the Union to determine the con- the recording of which together with the ditions under which the rights mentioned in musical work has already been authorised by the preceding paragraph may be exercised, the latter, to authorise the sound recording of but these conditions shall apply only in the that musical work, together with such words, if countries where they have been prescribed. any; but all such reservations and conditions They shall not in any circumstances be shall apply only in the countries which have prejudicial to the moral rights of the author, imposed them and shall not, in any circum- nor to his right to obtain equitable remuner- stances, be prejudicial to the rights of these ation which, in the absence of agreement, shall authors to obtain equitable remuneration be fixed by competent authority. which, in the absence of agreement, shall be (3) In the absence of any contrary stipulation, fixed by competent authority. permission granted in accordance with para- (2) Recordings of musical works made in a graph (1) of this Article shall not imply per- country of the Union in accordance with mission to record, by means of instruments Article 13(3) of the Conventions signed at recording sounds or images, the work broad- Rome on 2 June 1928, and at Brussels on 26 cast. It shall, however, be a matter for legisla- June 1948, may be reproduced in that country tion in the countries of the Union to deter- without the permission of the author of the mine the regulations for ephemeral recordings musical work until a date two years after that made by a broadcasting organisation by country becomes bound by this Act. means of its own facilities and used for its own broadcasts. The preservation of these (3) Recordings made in accordance with recordings in official archives may, on the paragraphs (1) and (2) of this Article and ground of their exceptional documentary imported without permission from the parties character, be authorised by such legislation. concerned into a country where they are treated as infringing recordings shall be liable Article 11ter to seizure. (1) Authors of literary works shall enjoy the Article 14 exclusive right of authorising: (1) Authors of literary or artistic works shall (i) the public recitation of their words, have the exclusive right of authorising: including such public recitation by any means or process; (i) the cinematographic adaptation and (ii) any communication to the public of the reproduction of these works, and the dis- recitation of their works. tribution of the works thus adapted or reproduced; (2) Authors of literary works shall enjoy, (ii) the public performance and communica- during the full term of their rights in the tion to the public by wire of the works original works, the same rights with respect to thus adapted or reproduced. translations thereof. (2) The adaptation into any other artistic Article 12 form of a cinematographic production derived from literary or artistic works shall, without Authors of literary or artistic works shall enjoy prejudice to the authorisation of the author the exclusive right of authorising adaptations, of the cinematographic production, remain arrangements and other alterations of their subject to the authorisation of the authors of works. the original works.

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(3) The provisions of Article 13(1) shall not (3) Unless the national legislation provides to apply. the contrary, the provisions of paragraph (2)(b) above shall not be applicable to authors of Article 14bis scenarios, dialogues and musical works created for the making of the cinematographic work, (1) Without prejudice to the copyright in any or to the principal director thereof. However, work which may have been adapted or repro- those countries of the Union whose legislation duced, a cinematographic work shall be pro- does not contain rules providing for the tected as an original work. The owner of copy- application of the said paragraph (2)(b) to such right in a cinematographic work shall enjoy director shall notify the Director General by the same rights as the author of an original means of a written declaration, which will be work, including the rights referred to in the immediately communicated by him to all the preceding Article. other countries of the Union.

(2) (a) Ownership of copyright in a cinemato- Article 14ter graphic work shall be a matter for legislation in a country where protection is claimed. (1) The author, or after his death the persons or institutions authorised by national legisla- (b) However, in the countries of the Union tion, shall, with respect to original works of which, by legislation, include among the art and original manuscripts of writers and owners of copyright in a cinematographic composers, enjoy the inalienable right to an work authors who have brought contributions interest in any sale of the work subsequent to to the making of the work, such authors, if the first transfer by the author of the work. they have undertaken to bring such contribu- tions, may not, in the absence of any contrary (2) The protection provided by the preceding or special stipulation, object to the reproduc- paragraph may be claimed in a country of the tion, distribution, public performance, com- Union only if legislation in the country to munication to the public by wire, broadcasting which the author belongs so permits, and to or any other communication to the public, or the extent permitted by the country where this to the subtitling or dubbing of texts, of the protection is claimed. work. (3) The procedure for collection and the (c) The question whether or not the form of amounts shall be matters for determination by the undertaking referred to above should, for national legislation. the application of the preceding subparagraph (b), be in a written agreement or a written act Article 15 of the same effect shall be a matter for the (1) In order that the author of a literary or legislation of the country where the maker of artistic work protected by this Convention the cinematographic work has his headquarters shall, in the absence of proof to the contrary, be or habitual residence. However, it shall be a regarded as such, and consequently be entitled matter for the legislation of the country of the to institute infringement proceedings in the Union where protection is claimed to provide countries of the Union, it shall be sufficient for that the said undertaking shall be in a written his name to appear on the work in the usual agreement or a written act of the same effect. manner. This paragraph shall be applicable The countries whose legislation so provides even if this name is a pseudonym, where the shall notify the Director General by means of a pseudonym adopted by the author leaves no written declaration, which will be immediately doubt as to his identity. communicated by him to all the other countries of the Union. (2) The person or body corporate whose name appears on a cinematographic work in the (d) By ‘contrary or special stipulation’ is usual manner shall, in the absence of proof to meant any restrictive condition which is rele- the contrary, be presumed to be the maker of vant to the aforesaid undertaking. the said work.

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(3) In the case of anonymous and pseudony- Article 18 mous works, other than those referred to in paragraph (1) above, the publisher whose name (1) This Convention shall apply to all works appears on the work shall, in the absence of proof which, at the moment of its coming into force, to the contrary, be deemed to represent the have not yet fallen into the public domain in author, and in this capacity he shall be entitled the country of origin through the expiry of the to protect and enforce the author’s rights. The term of protection. provisions of this paragraph shall cease to (2) If, however, through the expiry of the term apply when the author reveals his identity and of protection which was previously granted, a establishes his claim to authorship of the work. work has fallen into the public domain of the (4) (a) In the case of unpublished works where country where protection is claimed, that work the identity of the author is unknown, but shall not be protected anew. where there is every ground to presume that he (3) The application of this principle shall be is a national of a country of the Union, it shall subject to any provisions contained in special be a matter for legislation in that country to conventions to that effect existing or to be designate the competent authority which shall concluded between countries of the Union. In represent the author and shall be entitled to the absence of such provisions, the respective protect and enforce his rights in the countries countries shall determine, each in so far as it is of the Union. concerned, the conditions of application of (b) Countries of the Union which makes such this principle. designation under the terms of this provision shall notify the Director General by means of a (4) The preceding provisions shall also apply written declaration giving full information in the case of new accessions to the Union and concerning the authority thus designated. The to cases in which protection is extended by the Director General shall at once communicate application of Article 7 or by the abandonment this declaration to all other countries of the of reservations. Union. Article 19 Article 16 The provisions of this Convention shall (1) Infringing copies of a work shall be liable not preclude the making of a claim to the to seizure in any country of the Union where benefit of any greater protection which may the work enjoys legal protection. be granted by legislation in a country of the Union. (2) The provisions of the preceding paragraph shall also apply to reproductions coming from a country where the work is not protected, or Article 20 has ceased to be protected. The Governments of the countries of the (3) The seizure shall take place in accordance Union reserve the right to enter into special with the legislation of each country. agreements among themselves, in so far as such agreements grant to authors more extensive Article 17 rights than those granted by the Convention, or contain other provisions not contrary to this The provisions of this Convention cannot in Convention. The provisions of existing agree- any way affect the right of the Government of ments which satisfy these conditions shall each country of the Union to permit, to con- remain applicable. trol, or to prohibit, by legislation or regulation, the circulation, presentation, or exhibition of Article 21 any work or production in regard to which the competent authority may find it necessary to (1) Special provisions regarding developing exercise that right. countries are included in the Appendix.

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(2) Subject to the provisions of Article (viii) establish such committees of experts and 28(1)(b), the Appendix forms an integral part working groups as may be necessary for of this Act. the work of the Union; (ix) determine which countries not members Article 22 of the Union and which intergovern- mental and international non-govern- (1) (a) The Union shall have an Assembly mental organisations shall be admitted to consisting of those countries of the Union its meetings as observers; which are bound by Articles 22 to 26. (x) adopt amendments to Articles 22 to 26; (b) The Government of each country shall (xi) take any other appropriate action be represented by one delegate, who may be designed to further the objectives of the assisted by alternate delegates, advisers, and Union; experts. (xii) exercise such other functions as are appropriate under this Convention; (c) The expenses of each delegation shall be (xiii) subject to its acceptance, exercise such borne by the Government which has rights as are given to it in the Convention appointed it. establishing the Organisation. (2) (a) The Assembly shall: (b) With respect to matters which are of (i) deal with all matters concerning the interest also to other Unions administered maintenance and development of the by the Organisation, the Assembly shall Union and the implementation of this make its decisions after having heard the Convention; advice of the Coordination Committee of the (ii) give directions concerning the prepar- Organisation. ation for conferences of revision to the (3) (a) Each country member of the Assembly International Bureau of Intellectual shall have one vote. Property (hereinafter designated as ‘the International Bureau’) referred to in the (b) One-half of the countries members of the Convention Establishing the World Assembly shall constitute a quorum. Intellectual Property Organisation (here- (c) Notwithstanding the provisions of sub- inafter designed as ‘the Organisation’), paragraph (b), if, in any session, the number due account being taken of any com- of countries represented is less than one-half ments made by those countries of the but equal to or more than one-third of Union which are not bound by Articles the countries members of the Assembly, the 22 to 26; Assembly may make decisions but, with the (iii) review and approve the reports and exception of decisions concerning its own pro- activities of the Director General of the cedure, all such decisions shall take effect only Organisation concerning the Union, and if the following conditions are fulfilled. The give him all necessary instructions con- International Bureau shall communicate the cerning matters within the competence of said decisions to the countries members of the the Union; Assembly which were not represented and shall (iv) elect the members of the Executive invite them to express in writing their vote Committee of the Assembly; or abstention within a period of three months (v) review and approve the reports and from the date of the communication. If, at activities of its Executive Committee, the expiration of this period, the number of and give instructions to such Committee; countries having thus expressed their vote or (vi) determine the programme and adopt abstention attains the number of countries the [triennial]* biennial** budget of the which was lacking for attaining the quorum in Union, and approve its final accounts; the session itself, such decisions shall take effect (vii) adopt the financial regulations of the provided that at the same time the required Union; majority still obtains.

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(d) Subject to the provisions of Article 26(2), of the Assembly. In establishing the number of the decisions of the Assembly shall require two- seats to be filled, remainders after division by thirds of the votes cast. four shall be disregarded.

(e) Abstentions shall not be considered as (4) In electing the members of the Executive votes. Committee, the Assembly shall have due regard to an equitable geographical distri- (f) A delegate may represent, and vote in the bution and to the need for countries party to name of, one country only. the Special Agreements which might be estab- (g) Countries of the Union not members of lished in relation with the Union to be among the Assembly shall be admitted to its meetings the countries constituting the Executive as observers. Committee. (4) (a) The Assembly shall meet once in every (5) (a) Each member of the Executive Com- [third]* second** calendar year in ordinary mittee shall serve from the close of the session session upon convocation by the Director of the Assembly which elected it to the close of General and, in the absence of exceptional the next ordinary session of the Assembly. circumstances, during the same period and at the same place as the General Assembly of the (b) Members of the Executive Committee may Organisation. be re-elected, but not more than two-thirds of them. (b) The Assembly shall meet in extraordinary session upon convocation by the Director (c) The Assembly shall establish the details of General, at the request of the Executive Com- the rules governing the election and possible mittee or at the request of one-fourth of the re-election of the members of the Executive countries members of the Assembly. Committee. (5) The Assembly shall adopt its own rules of (6) (a) The Executive Committee shall: procedure. (i) prepare the draft agenda of the Assembly (ii) submit proposals to the Assembly Article 23 respecting the draft programme and (1) The Assembly shall have an Executive [triennial]* biennial** budget of the Committee. Union prepared by the Director General; [(iii) approve, within the limits of the pro- (2) (a) The Executive Committee shall consist gramme and the triennial budget, the of countries elected by the Assembly from specific yearly budgets and programmes among countries members of the Assembly. prepared by the Director General;]*** Furthermore, the country on whose territory (iv) submit, with appropriate comments, to the Organisation has its headquarters shall, the Assembly the periodical reports of subject to the provisions of Article 25(7)(b), the Director General and the yearly audit have an ex officio seat on the Committee. reports of the accounts; (v) in accordance with the decisions of the (b) The Government of each country member Assembly and having regard to circum- of the Executive Committee shall be repre- stances arising between two ordinary sented by one delegate, who may be assisted by sessions of the Assembly, take all neces- alternate delegates, advisers, and experts. sary measures to ensure the execution (c) The expenses of each delegation shall be of the program of the Union by the Dir- borne by the Government which has ector General; appointed it. (vi) perform such other functions as are allocated to it under this Convention. (3) The number of countries members of the Executive Committee shall correspond to one- (b) With respect to matters which are of inter- fourth of the number of countries members est also to other Unions administered by the

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Organisation, the Executive Committee shall (2) The International Bureau shall assemble make its decisions after having heard the advice and publish information concerning the pro- of the Coordination Committee of the tection of copyright. Each country of the Organisation. Union shall promptly communicate to the International Bureau all new laws and official (7) (a) The Executive Committee shall meet texts concerning the protection of copyright. once a year in ordinary session upon convoca- tion by the Director General, preferably during (3) The International Bureau shall publish a the same period and at the same place as the monthly periodical. Coordination Committee of the Organisation. (4) The International Bureau shall, on (b) The Executive Committee shall meet in request, furnish information to any country extraordinary session upon convocation by the of the Union on matters concerning the pro- Director General, either on his own initiative, tection of copyright. or at the request of its Chairman or one-fourth (5) The International Bureau shall conduct of its members. studies, and shall provide services, designed to (8) (a) Each country member of the Executive facilitate the protection of copyright. Committee shall have one vote. (6) The Director General and any staff (b) One-half of the members of the Executive member designated by him shall participate, Committee shall constitute a quorum. without the right to vote, in all meetings of the Assembly, the Executive Committee and any (c) Decisions shall be made by a simple major- other committee of experts or working group. ity of the votes cast. The Director General, or a staff member designated by him, shall be ex officio secretary (d) Abstentions shall not be considered as of these bodies. votes. (7) (a) The International Bureau shall, in (e) A delegate may represent, and vote in the accordance with the directions of the Assembly name of, one country only. and in cooperation with the Executive (9) Countries of the Union not members of Committee, make the preparations for the the Executive Committee shall be admitted to conferences of revision of the provisions its meetings as observers. of the Convention other than Articles 22 to 26. (10) The Executive Committee shall adopt its own rules of procedure. (b) The International Bureau may consult with inter-governmental and international Article 24 non-governmental organisations concerning preparations for conferences of revision. (1) (a) The administrative tasks with respect (c) The Director General and persons to the Union shall be performed by the Inter- designated by him shall take part, without national Bureau, which is a continuation of the the right to vote, in the discussions at these Bureau of the Union united with the Bureau of conferences. the Union established by the International Convention for the Protection of Industrial (8) The International Bureau shall carry out Property. any other tasks assigned to it.

(b) In particular, the International Bureau shall Article 25 provide the secretariat of the various organs of the Union. (1) (a) The Union shall have a budget. (c) The Director General of the Organisation (b) The budget of the Union shall include shall be the chief executive of the Union and the income and expenses proper to the Union, shall represent the Union. its contribution to the budget of expenses

1341 Appendix 1 common to the Unions, and, where applicable, (c) The annual contribution of each country the sum made available to the budget of the shall be an amount in the same proportion to Conference of the Organisation. the total sum to be contributed to the annual budget of the Union by all countries as the (c) Expenses not attributable exclusively to the number of its units is to the total of the units of Union but also to one or more other Unions all contributing countries. administered by the Organisation shall be con- sidered as expenses common to the Unions. (d) Contributions shall become due on the first The share of the Union in such common of January of each year. expenses shall be in proportion to the interest (e) A country which is in arrears in the payment the Union has in them. of its contributions shall have no vote in any (2) The budget of the Union shall be estab- of the organs of the Union of which it is a lished with due regard to the requirements of member if the amount of its arrears equals or coordination with the budgets of the other exceeds the amount of the contributions Unions administered by the Organisation. due from it for the preceding two full years. However, any organ of the Union may allow (3) The budget of the Union shall be financed such a country to continue to exercise its vote from the following sources: in that organ if, and as long as, it is satisfied (i) contributions of the countries of the that the delay in payment is due to exceptional Union; and unavoidable circumstances. (ii) fees and charges due for services per- formed by the International Bureau in (f) If the budget is not adopted before the relation to the Union; beginning of a new financial period, it shall be (iii) sale of, or royalties on, the publications at the same level as the budget of the previous of the International Bureau concerning year, in accordance with the financial the Union; regulations. (iv) gifts, bequests, and subventions; (5) The amount of the fees and charges due (v) rents, interests, and other miscellaneous for services rendered by the International income. Bureau in relation to the Union shall be estab- (4) (a) For the purpose of establishing its lished, and shall be reported to the Assembly contribution towards the budget, each country and the Executive Committee, by the Director of the Union shall belong to a class, and shall General. pay its annual contributions on the basis of a (6) (a) The Union shall have a working capital number of units fixed as follows: fund which shall be constituted by a single Class I 25 payment made by each country of the Union. Class II 20 If the fund becomes insufficient, an increase Class III 15 shall be decided by the Assembly. Class IV 10 (b) The amount of the initial payment of each Class V 5 country to the said fund or of its participation Class VI 3 in the increase thereof shall be a proportion of Class VII 1 the contribution of that country for the year in (b) Unless it has already done so, each country which the fund is established or the increase shall indicate, concurrently with depositing decided. its instrument of ratification or accession, the (c) The proportion and the terms of payment class to which it wishes to belong. Any country shall be fixed by the Assembly on the proposal may change class. If it chooses a lower class, the of the Director General and after it has heard country must announce it to the Assembly at the advice of the Coordination Committee of one of its ordinary sessions. Any such change the Organisation. shall take effect at the beginning of the calendar year following the session. (7) (a) In the headquarters agreement con-

1342 Latest Text of Berne Convention (1971 Paris Act plus Appendix) cluded with the country on the territory of amendment to the said Articles thus accepted which the Organisation has its headquarters, it shall bind all the countries which are members shall be provided that, whenever the working of the Assembly at the time the amendment capital fund is insufficient, such country shall enters into force, or which become members grant advances. The amount of these advances thereof at a subsequent date, provided that any and the conditions on which they are granted amendment increasing the financial obliga- shall be the subject of separate agreements, in tions of countries of the Union shall bind only each case, between such country and the those countries which have notified their Organisation. As long as it remains under the acceptance of such amendment. obligation to grant advances, such country shall have an ex officio seat on the Executive Article 27 Committee. (1) This Convention shall be submitted to (b) The country referred to in subparagraph (a) revision with a view to the introduction of and the Organisation shall each have the right amendments designed to improve the system to denounce the obligation to grant advances, of the Union. by written notification. Denunciation shall take effect three years after the end of the year (2) For this purpose, conferences shall be held in which it has been notified. successively in one of the countries of the Union among the delegates of the said (8) The auditing of the accounts shall be countries. effected by one or more of the countries of the Union or by external auditors, as provided in (3) Subject to the provisions of Article 26 the financial regulations. They shall be desig- which apply to the amendment of Articles 22 nated, with their agreement, by the Assembly. to 26, any revision of this Act, including the Appendix, shall require the unanimity of the Article 26 votes cast. (1) Proposals for the amendment of Articles Article 28 22, 23, 24, 25, and the present Article, may be initiated by any country member of the (1) (a) Any country of the Union which has Assembly, by the Executive Committee, or by signed this Act may ratify it, and, if it has not the Director General. Such proposals shall be signed it, may accede to it. Instruments of communicated by the Director General to the ratification or accession shall be deposited with member countries of the Assembly at least six the Director General. months in advance of their consideration by (b) Any country of the Union may declare in its the Assembly. instrument of ratification or accession that (2) Amendments to the Articles referred to its ratification or accession shall not apply to in paragraph (1) shall be adopted by the Articles 1 to 21 and the Appendix, provided Assembly. Adoption shall require three-fourths that, if such country has previously made a of the votes cast, provided that any amend- declaration under Article VI(1) of the Appen- ment of Article 22, and of the present para- dix, then it may declare in the said instrument graph, shall require four-fifths of the votes only that its ratification or accession shall not cast. apply to Articles 1 to 20. (3) Any amendment to the Articles referred to (c) Any country of the Union which, in accord- in paragraph (1) shall enter into force one ance with subparagraph (b), has excluded pro- month after written notifications of accept- visions therein referred to from the effects of ance, effected in accordance with their respec- its ratification or accession may at any later tive constitutional processes, have been received time declare that it extends the effects of its by the Director General from three-fourths of ratification or accession to those provisions. the countries members of the Assembly at Such declaration shall be deposited with the the time it adopted the amendment. Any Director General.

1343 Appendix 1

(2) (a) Articles 1 to 21 and the Appendix shall Article 29 enter into force three months after both of the following two conditions are fulfilled: (1) Any country outside the Union may accede to this Act and thereby become party to (i) at least five countries of the Union have this Convention and a member of the Union. ratified or acceded to this Act without Instruments of accession shall be deposited making a declaration under paragraph with the Director General. (1)(b), (ii) France, Spain, the United Kingdom of (2) (a) Subject to subparagraph (b), this Con- Great Britain and Northern Ireland, and vention shall enter into force with respect to the United States of America, have become any country outside the Union three months bound by the Universal Copyright Con- after the date on which the Director General vention as revised at Paris on July 24, has notified the deposit of its instrument of 1971. accession, unless a subsequent date has been indicated in the instrument deposited. In the (b) The entry into force referred to in sub- latter case, this Convention shall enter into paragraph (a) shall apply to those countries of force with respect to that country on the date the Union which, at least three months before thus indicated. the said entry into force, have deposited instruments of ratification or accession not (b) If the entry into force according to sub- containing a declaration under paragraph paragraph (a) precedes the entry into force of (1)(b). Articles 1 to 21 and the Appendix according to Article 28(2)(a), the said country shall, in the (c) With respect to any country of the Union meantime, be bound, instead of by Articles 1 not covered by subparagraph (b) and which to 21 and the Appendix, by Articles 1 to 20 of ratifies or accedes to this Act without making a the Brussels Act of this Convention. declaration under paragraph (1)(b), Articles 1 to 21 and the Appendix shall enter into force Article 29bis three months after the date on which the Director General has notified the deposit Ratification of or accession to this Act by of the relevant instrument of ratification or any country not bound by Articles 22 to 38 of accession, unless a subsequent date has been the Stockholm Act of this Convention shall, indicated in the instrument deposited. In the for the sole purposes of Article 14(2) of the latter case, Articles 1 to 21 and the Appendix Convention establishing the Organisation, shall enter into force with respect to that amount to ratification of or accession to the country on the date thus indicated. said Stockholm Act with the limitation set forth in Article 28(1)(b)(i) thereof. (d) The provisions of subparagraphs (a) to (c) do not affect the application of Article VI of Article 30 the Appendix. (1) Subject to the exceptions permitted by para- graph (2) of this Article, by Article 28(1)(b), by (3) With respect to any country of the Union Article 33(2), and by the Appendix, ratification which ratifies or accedes to this Act with or or accession shall automatically entail accept- without a declaration made under paragraph ance of all the provisions and admission to all (1)(b), Articles 22 to 38 shall enter into the advantages of this Convention. force three months after the date on which the Director General has notified the deposit of (2) (a) Any country of the Union ratifying the relevant instrument of ratification or or acceding to this Act may, subject to Article accession, unless a subsequent date has been V(2) of the Appendix, retain the benefit of indicated in the instrument deposited. In the the reservations it has previously formulated latter case, Articles 22 to 38 shall enter into on condition that it makes a declaration to force with respect to that country on the date that effect at the time of the deposit of its thus indicated. instrument of ratification or accession.

1344 Latest Text of Berne Convention (1971 Paris Act plus Appendix)

(b) Any country outside the Union may Convention is made applicable by another declare, in acceding to this Convention and country of the Union by virtue of a declaration subject to Article V(2) of the Appendix, that it under paragraph (1). intends to substitute, temporarily at least, for Article 8 of this Act concerning the right of Article 32 translation, the provisions of Article 5 of the Union Convention of 1886, as completed at (1) This Act shall, as regards relations between Paris in 1896, on the clear understanding that the countries of the Union, and to the extent the said provisions are applicable only to trans- that it applies, replace the Berne Convention of lations into a language in general use in the 9 September 1886, and the subsequent Acts said country. Subject to Article I(6)(b) of the of revision. The Acts previously in force shall Appendix, any country has the right to apply, continue to be applicable, in their entirety or in relation to the right of translation of works to the extent that this Act does not replace whose country of origin is a country availing them by virtue of the preceding sentence, in itself of such a reservation, a protection which relations with countries of the Union which do is equivalent to the protection granted by the not ratify or accede to this Act. latter country. (2) Countries outside the Union which (c) Any country may withdraw such reserva- become party to this Act shall, subject to para- tions at any time by notification addressed to graph (3), apply it with respect to any country the Director General. of the Union not bound by this Act or which, although bound by this Act, has made a Article 31 declaration pursuant to Article 28(1)(b). Such countries recognise that the said country of the (1) Any country may declare in its instrument Union, in its relations with them: of ratification or accession, or may inform the (i) may apply the provisions of the most Director General by written notification at any recent Act by which it is bound, and time thereafter, that this Convention shall be (ii) subject to Article I(6) of the Appendix, has applicable to all or part of those territories, the right to adapt the protection to the designated in the declaration or notification, level provided for by this Act. for the external relations of which it is responsible. (3) Any country which has availed itself of any of the faculties provided for in the Appendix (2) Any country which has made such a may apply the provisions of the Appendix declaration or given such a notification may, at relating to the faculty or faculties of which it any time, notify the Director General that this has availed itself in its relations with any other Convention shall cease to be applicable to all country of the Union which is not bound by or part of such territories. this Act, provided that the latter country has accepted the application of the said provisions. (3) (a) Any declaration made under paragraph (1) shall take effect on the same date as the ratification or accession in which it was Article 33 included, and any notification given under that (1) Any dispute between two or more coun- paragraph shall take effect three months after tries of the Union concerning the interpret- its notification by the Director General. ation or application of this Convention, not settled by negotiation, may, by any one of the (b) Any notification given under paragraph (2) countries concerned, be brought before the shall take effect twelve months after its receipt International Court of Justice by application in by the Director General. conformity with the Statute of the Court, (4) This Article shall in no way be understood unless the countries concerned agree on some as implying the recognition or tacit acceptance other method of settlement. The country bring- by a country of the Union of the factual ing the dispute before the Court shall inform situation concerning a territory to which this the International Bureau; the International

1345 Appendix 1

Bureau shall bring the matter to the attention Article 36 of the other countries of the Union. (1) Any country party to this Convention (2) Each country may, at the time it signs this undertakes to adopt, in accordance with its Act or deposits its instrument of ratification or constitution, the measures necessary to ensure accession, declare that it does not consider the application of this Convention. itself bound by the provisions of paragraph (1). With regard to any dispute between such (2) It is understood that, at the time a country country and any other country of the Union, becomes bound by this Convention, it will be the provisions of paragraph (1) shall not in a position under its domestic law to give apply. effect to the provisions of this Convention. (3) Any country having made a declaration in Article 37 accordance with the provisions of paragraph (2) may, at any time, withdraw its declaration (1) (a) This Act shall be signed in a single by notification addressed to the Director copy in the French and English languages and, General. subject to paragraph (2), shall be deposited with the Director General. Article 34 (b) Official texts shall be established by the Director General, after consultation with (1) Subject to Article 29bis, no country may the interested Governments, in the Arabic, ratify or accede to earlier Acts of this Conven- German, Italian, Portuguese and Spanish tion once Articles 1 to 21 and the Appendix languages, and such other languages as the have entered into force. Assembly may designate. (2) Once Articles 1 to 21 and the Appendix (c) In case of differences of opinion on the have entered into force, no country may make interpretation of the various texts, the French a declaration under Article 5 of the Protocol text shall prevail. Regarding Developing Countries attached to the Stockholm Act. (2) This Act shall remain open for signature until 31 January 1972. Until that date, the Article 35 copy referred to in paragraph (1)(a) shall be deposited with the Government of the French (1) This Convention shall remain in force Republic. without limitation as to time. (3) The Director General shall certify and (2) Any country may denounce this Act by transmit two copies of the signed text of this notification addressed to the Director General. Act to the Governments of all countries of the Such denunciation shall constitute also Union and, on request, to the Government of denunciation of all earlier Acts and shall affect any other country. only the country making it, the Convention remaining in full force and effect as regards the (4) The Director General shall register this other countries of the Union. Act with the Secretariat of the United Nations. (3) Denunciation shall take effect one year (5) The Director General shall notify the after the day on which the Director General Governments of all countries of the Union of has received the notification. signatures, deposits of instruments of ratifica- tion or accession and any declarations included (4) The right of denunciation provided by this in such instruments or made pursuant to Article shall not be exercised by any country Articles 28(1)(c), 30(2)(a) and (b), and 33(2), before the expiration of five years from the date entry into force of any provisions of this Act, upon which it becomes a member of the notifications of denunciation, and notifications Union. pursuant to Articles 30(2)(c), 31(1) and (2), 33(3), and 38(1), as well as the Appendix.

1346 Latest Text of Berne Convention (1971 Paris Act plus Appendix)

Article 38 (2) (a) Any declaration under paragraph (1) notified before the expiration of the period of (1) Countries of the Union which have not ten years from the entry into force of Articles 1 ratified or acceded to this Act and which are to 21 and this Appendix according to Article not bound by Articles 22 to 26 of the Stock- 28(2) shall be effective until the expiration of holm Act of this Convention may, until 26 the said period. Any such declaration may be April 1975, exercise, if they so desire, the rights renewed in whole or in part for periods of ten provided under the said Articles as if they years each by a notification deposited with the were bound by them. Any country desiring to Director General not more than fifteen months exercise such rights shall give written notifica- and not less than three months before the tion to this effect to the Director General; this expiration of the ten-year period then running. notification shall be effective on the date of its receipt. Such countries shall be deemed to (b) Any declaration under paragraph (1) noti- be members of the Assembly until the said fied after the expiration of the period of ten date. years from the entry into force of Articles 1 to 21 and this Appendix according to Article (2) As long as all the countries of the Union 28(2) shall be effective until the expiration of have not become Members of the Organisa- the ten-year period then running. Any such tion, the International Bureau of the Organisa- declaration may be renewed as provided for in tion shall also function as the Bureau of the second sentence of subparagraph (a). the Union, and the Director General as the Director of the said Bureau. (3) Any country of the Union which has ceased to be regarded as a developing country (3) Once all the countries of the Union have as referred to in paragraph (1) shall no longer become Members of the Organisation, the be entitled to renew its declaration as provided rights, obligations, and property, of the Bureau in paragraph (2), and, whether or not in of the Union shall devolve on the International formally withdraws its declaration, such coun- Bureau of the Organisation. try shall be precluded from availing itself of the facilities referred to in paragraph (1) from the Appendix expiration of the ten-year period then running or from the expiration of a period of three years Article I after it has ceased to be regarded as a develop- (1) Any country regarded as a developing ing country, whichever period expires later. country in conformity with the established (4) Where, at the time when the declaration practice of the General Assembly of the United made under paragraph (1) or (2) ceases to be Nations which ratifies or accedes to this Act, of effective, there are copies in stock which were which this Appendix forms an integral part, made under a licence granted by virtue of and which, having regard to its economic situ- this Appendix, such copies may continue to be ation and its social or cultural needs, does not distributed until their stock is exhausted. consider itself immediately in a position to make provision for the protection of all the (5) Any country which is bound by the provi- rights as provided for in this Act, may, by a sions of this Act and which has deposited a notification deposited with the Director declaration or a notification in accordance with General at the time of depositing its instru- Article 31(1) with respect to the application of ment of ratification or accession or, subject to this Act to a particular territory, the situation Article V(1)(c), at any time thereafter, declare of which can be regarded as analogous to that that it will avail itself of the faculty provided of the countries referred to in paragraph (1), for in Article II, or of the faculty provided for may, in respect of such territory, make the in Article III, or of both of those faculties. It declaration referred to in paragraph (1) and the may, instead of availing itself of the faculty notification of renewal referred to in para- provided for in Article II, make a declaration graph (2). As long as such declaration or noti- according to Article V(1)(a). fication remains in effect, the provisions of this

1347 Appendix 1

Appendix shall be applicable to the territory in substituted for the period of three years respect of which it was made. referred to in paragraph (2)(a). (6) (a) The fact that a country avails itself of any (b) Any country referred to in paragraph (1) of the faculties referred to in paragraph (1) may, with the unanimous agreement of the does not permit another country to give less developed countries which are members of the protection to works of which the country of Union and in which the same language is in origin is the former country than it is obliged general use, substitute, in the case of transla- to grant under Articles 1 to 20. tions into that language, for the period of three years referred to in paragraph (2)(a) a (b) The right to apply reciprocal treatment pro- shorter period as determined by such agree- vided for in Article 30(2)(b), second sentence, ment but not less than one year. However, shall not, until the date on which the period the provisions of the foregoing sentence shall applicable under Article I(3) expires, be not apply where the language in question is exercised in respect of works the country of English, French or Spanish. The Director origin of which is a country which has made a General shall be notified of any such agree- declaration according to Article V(1)(a). ment by the Governments which have con- cluded it. Article II (4) (a) No licence obtainable after three years (1) Any country which has declared that it shall be granted under this Article until a will avail itself of the faculty provided for in further period of six months has elapsed, and this Article shall be entitled, so far as works no licence obtainable after one year shall be published in printed or analogous forms of granted under this Article until a further reproduction are concerned, to substitute for period of nine months has elapsed the exclusive right of translation provided for (i) from the date on which the applicant in Article 8 a system of non-exclusive and non- complies with the requirements men- transferable licences, granted by the competent tioned in Article IV(1), or authority under the following conditions and (ii) where the identity or the address of the subject to Article IV. owner of the right of translation is (2) (a) Subject to paragraph (3), if, after the unknown, from the date on which the expiration of a period of three years, or of applicant sends, as provided for in Article any longer period determined by the national IV(2), copies of his application submitted legislation of the said country, commencing on to the authority competent to grant the the date of the first publication of the work, licence. a translation of such work has not been pub- (b) If, during the said period of six or nine lished in a language in general use in that months, a translation in the language in respect country by the owner of the right of transla- of which the application was made is published tion, or with his authorisation, any national of by the owner of the right of translation or such country may obtain a licence to make a with his authorisation, no licence under this translation of the work in the said language Article shall be granted. and publish the translation in printed or analogous forms of reproduction. (5) Any licence under this Article shall be granted only for the purpose of teaching, (b) A licence under the conditions provided scholarship or research. for in this Article may also be granted if all (6) If a translation of a work is published by the editions of the translation published in the the owner of the right of translation or with his language concerned are out of print. authorisation at a price reasonably related to (3) (a) In the case of translations into a lan- that normally charged in the country for com- guage which is not in general use in one or parable works, any licence granted under this more developed countries which are members Article shall terminate if such translation is of the Union, a period of one year shall be in the same language and with substantially

1348 Latest Text of Berne Convention (1971 Paris Act plus Appendix) the same content as the translation published (c) Provided that all of the criteria and condi- under the licence. Any copies already made tions set out in subparagraph (a) are met, a before the licence terminates may continue to licence may also be granted to a broadcasting be distributed until their stock is exhausted. organisation to translate any text incorporated in an audio-visual fixation where such fixation (7) For works which are composed mainly of was itself prepared and published for the sole illustrations, a licence to make and publish a purpose of being used in connection with translation of the text and to reproduce and systematic instructional activities. publish the illustrations may be granted only if the conditions of Article III are also fulfilled. (d) Subject to subparagraphs (a) to (c), the pro- visions of the preceding paragraphs shall apply (8) No licence shall be granted under this to the grant and exercise of any licence granted Article when the author has withdrawn from under this paragraph. circulation all copies of his work. (9) (a) A licence to make a translation of a Article III work which has been published in printed or (1) Any country which has declared that it will analogous forms of reproduction may also be avail itself of the faculty provided for in this granted to any broadcasting organisation hav- Article shall be entitled to substitute for the ing its headquarters in a country referred to in exclusive right of reproduction provided for in paragraph (1), upon an application made to Article 9 a system of non-exclusive and non- the competent authority of that country by transferable licences, granted by the competent the said organisation, provided that all of the authority under the following conditions and following conditions are met: subject to Article IV. (i) the translation is made from a copy made (2) (a) If, in relation to a work to which this and acquired in accordance with the laws Article applies by virtue of paragraph (7), after of the said country; the expiration of (ii) the translation is only for use in broad- (i) the relevant period specified in paragraph casts intended exclusively for teaching (3), commencing on the date of first pub- or for the dissemination of the results of lication of a particular edition of the work, specialised technical or scientific research or to experts in a particular profession; (ii) any longer period determined by national (iii) the translation is used exclusively for the legislation of the country referred to in purposes referred to in condition (ii) paragraph (1), commencing on the same through broadcasts made lawfully and date, intended for recipients on the territory of the said country, including broadcasts copies of such edition have not been distri- made through the medium of sound or buted in that country to the general public or visual recordings lawfully and exclusively in connection with systematic instructional made for the purpose of such broadcasts; activities, by the owner of the right of repro- (iv) all uses made of the translation are with- duction or with his authorisation, at a price out any commercial purpose. reasonably related to that normally charged in the country for comparable works, any (b) Sound or visual recordings of a translation national of such country may obtain a licence which was made by a broadcasting organisa- to reproduce and publish such edition at that tion under a licence granted by virtue of this or a lower price for use in connection with paragraph may, for the purposes and subject to systematic instructional activities. the conditions referred to in subparagraph (a) and with the agreement of that organisation, (b) A licence to reproduce and publish an also be used by any other broadcasting organi- edition which has been distributed as described sation having its headquarters in the country in subparagraph (a) may also be granted under whose competent authority granted the licence the conditions provided for in this Article if, in question. after the expiration of the applicable period,

1349 Appendix 1 no authorised copies of that edition have been (ii) where the translation is not in a language on sale for a period of six months in the in general use in the country in which the country concerned to the general public or licence is applied for. in connection with systematic instructional (6) If copies of an edition of a work are dis- activities at a price reasonably related to that tributed in the country referred to in paragraph normally charged in the country for com- (1) to the general public or in connection parable works. with systematic instructional activities, by the (3) The period referred to in paragraph owner of the right of reproduction or with his (2)(a)(i) shall be five years, except that authorisation, at a price reasonably related to that normally charged in the country for com- (i) for works of the natural and physical parable works, any licence granted under this sciences, including mathematics, and of Article shall terminate if such edition is in the technology, the period shall be three years; same language and with substantially the same (ii) for works of fiction, poetry, drama and content as the edition which was published music, and for art books, the period shall under the said licence. Any copies already made be seven years. before the licence terminates may continue to (4) (a) No licence obtainable after three years be distributed until their stock is exhausted. shall be granted under this Article until a period of six months has elapsed. (7) (a) Subject to subparagraph (b), the works to which this Article applies shall be limited to (i) from the date on which the applicant works published in printed or analogous forms complies with the requirements men- of reproduction. tioned in Article IV(1), or (ii) where the identity or the address of the (b) This Article shall also apply to the reproduc- owner of the right of reproduction is tion in audio-visual form of lawfully made unknown, from the date on which the audio-visual fixations including any protected applicant sends, as provided for in Article works incorporated therein and to the trans- IV(2), copies of his application submitted lation of any incorporated text into a language to the authority competent to grant the in general use in the country in which the licence. licence is applied for, always provided that the (b) Where licences are obtainable after other audio-visual fixations in question were pre- periods and Article IV(2) is applicable, no pared and published for the sole purpose of licence shall be granted until a period of three being used in connection with systematic months has elapsed from the date of the dis- instructional activities. patch of the copies of the application. Article IV (c) If, during the period of six or three months referred to in subparagraphs (a) and (b), a dis- (1) A licence under Article II or Article III tribution as described in paragraph (2)(a) has may be granted only if the applicant, in taken place, no licence shall be granted under accordance with the procedure of the country this Article. concerned, establishes either that he has requested, and has been denied, authorisation (d) No licence shall be granted if the author has by the owner of the right to make and publish withdrawn from circulation all copies of the the translation or to reproduce and publish the edition for the reproduction and publication edition, as the case may be, or that, after due of which the licence has been applied for. diligence on his part, he was unable to find the (5) A licence to reproduce and publish a trans- owner of the right. At the same time as making lation of a work shall not be granted under this the request, the applicant shall inform any Article in the following cases: national or international information centre referred to in paragraph (2). (i) where the translation was not published by the owner of the right of translation or (2) If the owner of the right cannot be found, with this authorisation, or the applicant for a licence shall send, by regis-

1350 Latest Text of Berne Convention (1971 Paris Act plus Appendix) tered airmail, copies of his application, submit- (iv) the country to which the copies have been ted to the authority competent to grant the sent has agreed with the country whose licence, to the publisher whose name appears competent authority has granted the on the work and to any national or inter- licence to allow the receipt, or distri- national information centre which may have bution, or both, and the Director General been designated, in a notification to that effect has been notified of the agreement by the deposited with the Director General, by the Government of the country in which the Government of the country in which the pub- license has been granted. lisher is believed to have his principal place of (5) All copies published under a licence business. granted by virtue of Article II or Article III (3) The name of the author shall be indicated shall bear a notice in the appropriate language on all copies of the translation or reproduction stating that the copies are available for distri- published under a licence granted under bution only in the country or territory to Article II or Article III. The title of the which the said licence applies. work shall appear on all such copies. In the (6) (a) Due provision shall be made at the case of a translation, the original title of the national level to ensure work shall appear in any case on all the said copies. (i) that the licence provides, in favour of the owner of the right of translation or of (4) (a) No licence granted under Article II or reproduction, as the case may be, for just Article III shall extend to the export of copies, compensation that is consistent with and any such licence shall be valid only for standards of royalties normally operating publication of the translation or of the repro- on licences freely negotiated between per- duction, as the case may be, in the territory of sons in the two countries concerned, and the country in which it has been applied for. (ii) payment and transmittal of the compensa- (b) For the purposes of subparagraph (a), the tion: should national currency regulations notion of export shall include the sending intervene, the competent authority shall of copies from any territory to the country make all efforts, by the use of international which, in respect of that territory, has made a machinery, to ensure transmittal in inter- declaration under Article I(5). nationally convertible currency or its equivalent. (c) Where a governmental or other public entity of a country which has granted a licence (b) Due provision shall be made by national to make a translation under Article II into legislation to ensure a correct translation of a language other than English, French or the work, or an accurate reproduction of the Spanish sends copies of a translation published particular edition, as the case may be. under such licence to another country, such sending of copies shall not, for the purposes of Article V subparagraph(a), be considered to constitute (1) (a) Any country entitled to make a export if all of the following conditions are declaration that it will avail itself of the faculty met: provided for in Article II may, instead, at the (i) the recipients are individuals who are time of ratifying or acceding to this Act: nationals of the country whose com- (i) if it is a country to which Article 30(2)(a) petent authority has granted the licence, applies, make a declaration under that or organisations grouping such provision as far as the right of translation is individuals; concerned; (ii) the copies are to be used only for the pur- (ii) if it is a country to which Article 30(2)(a) pose of teaching, scholarship or research; does not apply, and even if it is not a (iii) the sending of the copies and their sub- country outside the Union, make a declar- sequent distribution to recipients is with- ation as provided for in Article 30(2)(b), out any commercial purpose; and first sentence.

1351 Appendix 1

(b) In the case of a country which ceases to be before becoming bound by Articles 1 to 21 and regarded as a developing country as referred to this Appendix: in Article I(1), a declaration made according to this paragraph shall be effective until the date (i) if it is a country which, were it bound by on which the period applicable under Article Articles 1 to 21 and this Appendix, would I(3) expires. be entitled to avail itself of the faculties referred to in Article I(1), that it will apply (c) Any country which has made a declaration the provisions of Article II or of Article III according to this paragraph may not sub- or of both to works whose country of sequently avail itself of the faculty provided for origin is a country which, pursuant to (ii) in Article II even if it withdraws the said below, admits the application of those declaration. Articles to such works, or which is bound by Articles 1 to 21 and this Appendix; (2) Subject to paragraph (3), any country such declaration may, instead of referring which has availed itself of the faculty provided to Article II, refer to Article V; for in Article II may not subsequently make a (ii) that it admits the application of this declaration according to paragraph (1). Appendix to works of which it is the (3) Any country which has ceased to be country of origin by countries which have regarded as a developing country as referred to made a declaration under (i) above or a in Article I(1) may, not later than two years notification under Article I. prior to the expiration of the period applicable (2) Any declaration made under paragraph under Article I(3), make a declaration to the (1) shall be in writing and shall be deposited effect provided for in Article 30(2)(b), first with the Director General. The declaration sentence, notwithstanding the fact that it is not shall become effective from the date of its a country outside the Union. Such declaration deposit. shall take effect at the date on which the period applicable under Article I(3) expires. Note: Amendments to articles 22 and 25 Article VI were adopted by the Berne Assembly at its meeting in 2003 but have not yet come into (1) Any country of the Union may declare, force. See further para 16.49 of the principal as from the date of this Act, and at any time text.

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