APPENDIX 1

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

Berne Convention for the Protection ofLiterary 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 equallyanimated by the desire to protect, in as effec-tive and uniform a manner as possible, therights of authors in their literary and artisticworks,

Recognising the importance of the work of theRevision Conference held at Stockholm in1967,

Having resolved to revise the Act adopted bythe Stockholm Conference, while maintainingwithout change Articles 1 to 20 and 22 to 26 ofthat Act.

Consequently, the undersigned Plenipoten-tiaries, having presented their full powers,recognised as in good and due form, haveagreed as follows:

Article 1

The countries to which this Conventionapplies constitute a Union for the protectionof the rights of authors in their literary andartistic works.

Article 2

(1) The expression ‘literary and artistic works’shall include every production in the literary,scientific and artistic domain, whatever may bethe mode or form of its expression, such asbooks, pamphlets and other writings; lectures,

addresses, sermons and other works of thesame nature; dramatic or dramatico-musicalworks; choreographic works and entertain-ments in dumb show; musical compositionswith or without words; cinematographic worksto which are assimilated works expressed by aprocess analogous to cinematography; worksof drawing, painting, architecture, sculpture,engraving and lithography; photographic worksto which are assimilated works expressed by aprocess analogous to photography; works ofapplied art; illustrations, maps, plans, sketchesand three-dimensional works relative to geog-raphy, topography, architecture or science.

(2) It shall, however, be a matter for legislationin the countries of the Union to prescribe thatworks in general or any specified categories ofworks shall not be protected unless they havebeen fixed in some material form.

(3) Translations, adaptations, arrangementsof music and other alterations of a literary orartistic work shall be protected as originalworks without prejudice to the copyright inthe original work.

(4) It shall be a matter for legislation in thecountries of the Union to determine theprotection to be granted to official texts of alegislative, administrative and legal nature,and to official translations of such texts.

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(5) Collections of literary or artistic workssuch as encyclopaedias and anthologies which,by reason of the selection and arrangement oftheir contents, constitute intellectual creationsshall be protected as such, without prejudice tothe copyright in each of the works formingpart of such collections.

(6) The works mentioned in this Article shallenjoy protection in all countries of the Union.This protection shall operate for the benefit ofthe author and his successors in title.

(7) Subject to the provisions of Article 7(4) ofthis Convention, it shall be a matter for legisla-tion in the countries of the Union to determinethe extent of the application of their laws toworks of applied art and industrial designs andmodels, as well as the conditions under whichsuch works, designs and models shall be pro-tected. Works protected in the country oforigin solely as designs and models shall beentitled in another country of the Union onlyto such special protection as is granted in thatcountry to designs and models; however, if nosuch special protection is granted in that coun-try, such works shall be protected as artisticworks.

(8) The protection of this Convention shallnot apply to news of the day or to mis-cellaneous facts having the character of mereitems of press information.

Article 2bis

(1) It shall be a matter for legislation in thecountries of the Union to exclude, wholly or inpart, from the protection provided by the pre-ceding Article political speeches and speechesdelivered in the course of legal proceedings.

(2) It shall also be a matter for legislation inthe countries of the Union to determine theconditions under which lectures, addressesand other works of the same nature which aredelivered in public may be reproduced by thepress, broadcast, communicated to the publicby wire and made the subject of public com-munication as envisaged in Article 11bis(1) ofthis Convention, when such use is justified bythe informatory purpose.

(3) Nevertheless, the author shall enjoy the

exclusive right of making a collection of hisworks mentioned in the preceding paragraphs.

Article 3

(1) The protection of this Convention shallapply to:

(a) authors who are nationals of one of thecountries of the Union, for their works,whether published or not;

(b) authors who are not nationals of one of thecountries of the Union, for their worksfirst published in one of those countries,or simultaneously in a country outside theUnion and in a country of the Union.

(2) Authors who are not nationals of one ofthe countries of the Union but who have theirhabitual residence in one of them shall, for thepurposes of this Convention, be assimilated tonationals of that country.

(3) The expression ‘published works’ meansworks published with the consent of theirauthors, whatever may be the means of manu-facture of the copies, provided that the avail-ability of such copies has been such as to satisfythe reasonable requirements of the public,having regard to the nature of the work. Theperformance of a dramatic, dramatico-musical,cinematographic or musical work, the publicrecitation of a literary work, the communica-tion by wire or the broadcasting of literary orartistic works, the exhibition of a work of artand the construction of a work of architectureshall not constitute publication.

(4) A work shall be considered as having beenpublished simultaneously in several countries ifit has been published in two or more countrieswithin thirty days of its first publication.

Article 4

The protection of this Convention shall apply,even if the conditions of Article 3 are notfulfilled, to:

(a) authors of cinematographic works themaker of which has his headquarters orhabitual residence in one of the countriesof the Union;

(b) authors of works of architecture erected ina country of the Union or of other artistic

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works incorporated in a building or otherstructure located in a country of theUnion.

Article 5

(1) Authors shall enjoy, in respect of worksfor which they are protected under this Con-vention, in countries of the Union other thanthe country of origin, the rights which theirrespective laws do now or may hereafter grantto their nationals, as well as the rights speciallygranted by this Convention.

(2) The enjoyment and the exercise of theserights shall not be subject to any formality;such enjoyment and such exercise shall beindependent of the existence of protection inthe country of origin of the work. Con-sequently, apart from the provisions of thisConvention, the extent of protection, as well asthe means of redress afforded to the author toprotect his rights, shall be governed exclusivelyby the laws of the country where protection isclaimed.

(3) Protection in the country of origin isgoverned by domestic law. However, when theauthor is not a national of the country of originof the work for which he is protected underthis Convention, he shall enjoy in that countrythe same rights as national authors.

(4) The country of origin shall be consideredto be:

(a) in the case of works first published in acountry of the Union, that country; in thecase of works published simultaneously inseveral countries of the Union which grantdifferent terms of protection, the countrywhose legislation grants the shortest termof protection;

(b) in the case of works published simul-taneously in a country outside the Unionand in a country of the Union, the lattercountry;

(c) in the case of unpublished works or ofworks first published in a country outsidethe Union, without simultaneous pub-lication in a country of the Union, thecountry of the Union of which the authoris a national, provided that:(i) when these are cinematographic

works the maker of which has hisheadquarters or his habitual residencein a country of the Union, the countryof origin shall be that country, and

(ii) when these are works of architectureerected in a country of the Union orother artistic works incorporated in abuilding or other structure located ina country of the Union, the country oforigin shall be that country.

Article 6

(1) Where any country outside the Union failsto protect in an adequate manner the worksof authors who are nationals of one of thecountries of the Union, the latter country mayrestrict the protection given to the works ofauthors who are, at the date of the first publica-tion thereof, nationals of the other countryand are not habitually resident in one of thecountries of the Union. If the country of firstpublication avails itself of this right, the othercountries of the Union shall not be required togrant to works thus subjected to special treat-ment a wider protection than that granted tothem in the country of first publication.

(2) No restrictions introduced by virtue ofthe preceding paragraph shall affect the rightswhich an author may have acquired in respectof a work published in a country of the Unionbefore such restrictions were put into force.

(3) The countries of the Union which restrictthe grant of copyright in accordance with thisArticle shall give notice thereof to the DirectorGeneral of the World Intellectual PropertyOrganisation (hereinafter designated as ‘theDirector General’) by a written declarationspecifying the countries in regard to which pro-tection is restricted, and the restrictions towhich rights of authors who are nationals ofthose countries are subjected. The DirectorGeneral shall immediately communicate thisdeclaration to all the countries of the Union.

Article 6bis

(1) Independently of the author’s economicrights, and even after the transfer of the saidrights, the author shall have the right to claimauthorship of the work and to object to any

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distortion, mutilation or other modificationof, or other derogatory action in relation to,the said work, which would be prejudicial tohis honour or reputation.

(2) The rights granted to the author inaccordance with the preceding paragraph shall,after his death, be maintained, at least until theexpiry of the economic rights, and shall beexercisable by the persons or institutionsauthorised by the legislation of the countrywhere protection is claimed. However, thosecountries whose legislation, at the moment oftheir ratification of or accession to this Act,does not provide for the protection after thedeath of the author of all the rights set out inthe preceding paragraph may provide thatsome of these rights may, after his death, ceaseto be maintained.

(3) The means of redress for safeguarding therights granted by this Article shall be governedby the legislation of the country where protec-tion is claimed.

Article 7

(1) The term of protection granted by thisConvention shall be the life of the author andfifty years after his death.

(2) However, in the case of cinematographicworks, the countries of the Union may providethat the term of protection shall expire fiftyyears after the work has been made available tothe public with the consent of the author, or,failing such an event within fifty years fromthe making of such a work, fifty years after themaking.

(3) In the case of anonymous or pseudonym-ous works, the terms of protection granted bythis Convention shall expire fifty years after thework has been lawfully made available to thepublic. However, when the pseudonymadopted by the author leaves no doubt as to hisidentity, the term of protection shall be thatprovided in paragraph (1). If the author of ananonymous or pseudonymous work discloseshis identity during the above-mentionedperiod, the term of protection applicable shallbe that provided in paragraph (1). Thecountries of the Union shall not be required to

protect anonymous or pseudonymous worksin respect of which it is reasonable to presumethat their author has been dead for fifty years.

(4) It shall be a matter for legislation in thecountries of the Union to determine the termof protection of photographic works and thatof works of applied art in so far as they areprotected as artistic works; however, this termshall last at least until the end of a period oftwenty-five years from the making of such awork.

(5) The term of protection subsequent to thedeath of the author and the terms provided byparagraphs (2), (3) and (4) shall run from thedate of death or of the event referred to inthose paragraphs, but such terms shall alwaysbe deemed to begin on the first of January ofthe year following the death or such event.

(6) The countries of the Union may grant aterm of protection in excess of those providedby the preceding paragraphs.

(7) Those countries of the Union bound bythe Rome Act of this Convention which grant,in their national legislation in force at the timeof signature of the present Act, shorter termsof protection than those provided for in thepreceding paragraphs shall have the right tomaintain such terms when ratifying or acced-ing to the present Act.

(8) In any case, the term shall be governed bythe legislation of the country where protectionis claimed; however, unless the legislation ofthat country otherwise provides, the term shallnot exceed the term fixed in the country oforigin of the work.

Article 7bis

The provisions of the preceding Article shallalso apply in the case of a work of jointauthorship, provided that the terms measuredfrom the death of the author shall be calculatedfrom the death of the last surviving author.

Article 8

Authors of literary and artistic works protectedby this Convention shall enjoy the exclusiveright of making and of authorising the

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translation of their works throughout the termof protection of their rights in the originalworks.

Article 9

(1) Authors of literary and artistic works pro-tected by this Convention shall have theexclusive right of authorising the reproductionof these works, in any manner or form.

(2) It shall be a matter for legislation in thecountries of the Union to permit the reproduc-tion of such works in certain special cases, pro-vided that such reproduction does not conflictwith a normal exploitation of the work anddoes not unreasonably prejudice the legitimateinterests of the author.

(3) Any sound or visual recording shall beconsidered as a reproduction for the purposesof this Convention.

Article 10

(1) It shall be permissible to make quotationsfrom a work which has already been lawfullymade available to the public, provided thattheir making is compatible with fair practice,and their extent does not exceed that justifiedby the purpose, including quotations fromnewspaper articles and periodicals in the formof press summaries.

(2) It shall be a matter for legislation in thecountries of the Union, and for special agree-ments existing or to be concluded betweenthem, to permit the utilisation, to the extentjustified by the purpose, of literary or artisticworks by way of illustration in publications,broadcasts or sound or visual recordings forteaching, provided such utilisation is compat-ible with fair practice.

(3) Where use is made of works in accordancewith the preceding paragraphs of this Article,mention shall be made of the source, and ofthe name of the author if it appears thereon.

Article 10bis

(1) It shall be a matter for legislation in thecountries of the Union to permit the repro-duction by the press, the broadcasting or the

communication to the public by wire ofarticles published in newspapers or periodicalson current economic, political or religioustopics, and of broadcast works of the samecharacter, in cases in which the reproduction,broadcasting or such communication thereof isnot expressly reserved. Nevertheless, the sourcemust always be clearly indicated; the legal con-sequences of a breach of this obligation shall bedetermined by the legislation of the countrywhere protection is claimed.

(2) It shall also be a matter for legislation inthe countries of the Union to determine theconditions under which, for the purpose ofreporting current events by means of photog-raphy, cinematography, broadcasting or com-munication to the public by wire, literary orartistic works seen or heard in the course ofthe event may, to the extent justified by theinformatory purpose, be reproduced and madeavailable to the public.

Article 11

(1) Authors of dramatic, dramatico-musicaland musical works shall enjoy the exclusiveright of authorising:

(i) the public performance of their works,including such public performance by anymeans or process;

(ii) any communication to the public of theperformance of their works.

(2) Authors of dramatic or dramatico-musicalworks shall enjoy, during the full term of theirrights in the original works, the same rightswith respect to translations thereof.

Article 11bis

(1) Authors of literary and artistic works shallenjoy the exclusive right of authorising:

(i) the broadcasting of their works or thecommunication thereof to the public byany other means of wireless diffusion ofsigns, sounds or images;

(ii) any communication to the public bywire or by rebroadcasting of the broadcastof the work, when this communication ismade by an organisation other than theoriginal one;

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(iii) the public communication by loud-speaker or any other analogous instru-ment transmitting, by signs, sounds orimages, the broadcast of the work.

(2) It shall be a matter for legislation in thecountries of the Union to determine the con-ditions under which the rights mentioned inthe preceding paragraph may be exercised,but these conditions shall apply only in thecountries where they have been prescribed.They shall not in any circumstances beprejudicial to the moral rights of the author,nor to his right to obtain equitable remuner-ation which, in the absence of agreement, shallbe fixed by competent authority.

(3) In the absence of any contrary stipulation,permission granted in accordance with para-graph (1) of this Article shall not imply per-mission to record, by means of instrumentsrecording sounds or images, the work broad-cast. It shall, however, be a matter for legisla-tion in the countries of the Union to deter-mine the regulations for ephemeral recordingsmade by a broadcasting organisation bymeans of its own facilities and used for itsown broadcasts. The preservation of theserecordings in official archives may, on theground of their exceptional documentarycharacter, be authorised by such legislation.

Article 11 ter

(1) Authors of literary works shall enjoy theexclusive right of authorising:

(i) the public recitation of their words,including such public recitation by anymeans or process;

(ii) any communication to the public of therecitation of their works.

(2) Authors of literary works shall enjoy,during the full term of their rights in theoriginal works, the same rights with respect totranslations thereof.

Article 12

Authors of literary or artistic works shall enjoythe exclusive right of authorising adaptations,arrangements and other alterations of theirworks.

Article 13

(1) Each country of the Union may imposefor itself reservations and conditions on theexclusive right granted to the author of amusical work and to the author of any words,the recording of which together with themusical work has already been authorised bythe latter, to authorise the sound recording ofthat musical work, together with such words, ifany; but all such reservations and conditionsshall apply only in the countries which haveimposed them and shall not, in any circum-stances, be prejudicial to the rights of theseauthors to obtain equitable remunerationwhich, in the absence of agreement, shall befixed by competent authority.

(2) Recordings of musical works made in acountry of the Union in accordance withArticle 13(3) of the Conventions signed atRome on 2 June 1928, and at Brussels on 26June 1948, may be reproduced in that countrywithout the permission of the author of themusical work until a date two years after thatcountry becomes bound by this Act.

(3) Recordings made in accordance withparagraphs (1) and (2) of this Article andimported without permission from the partiesconcerned into a country where they aretreated as infringing recordings shall be liableto seizure.

Article 14

(1) Authors of literary or artistic works shallhave the exclusive right of authorising:

(i) the cinematographic adaptation andreproduction of these works, and the dis-tribution of the works thus adapted orreproduced;

(ii) the public performance and communica-tion to the public by wire of the worksthus adapted or reproduced.

(2) The adaptation into any other artisticform of a cinematographic production derivedfrom literary or artistic works shall, withoutprejudice to the authorisation of the authorof the cinematographic production, remainsubject to the authorisation of the authors ofthe original works.

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(3) The provisions of Article 13(1) shall notapply.

Article 14bis

(1) Without prejudice to the copyright in anywork which may have been adapted or repro-duced, a cinematographic work shall be pro-tected as an original work. The owner of copy-right in a cinematographic work shall enjoythe same rights as the author of an originalwork, including the rights referred to in thepreceding Article.

(2) (a) Ownership of copyright in a cinemato-graphic work shall be a matter for legislation ina country where protection is claimed.

(b) However, in the countries of the Unionwhich, by legislation, include among theowners of copyright in a cinematographicwork authors who have brought contributionsto the making of the work, such authors, ifthey have undertaken to bring such contribu-tions, may not, in the absence of any contraryor special stipulation, object to the reproduc-tion, distribution, public performance, com-munication to the public by wire, broadcastingor any other communication to the public, orto the subtitling or dubbing of texts, of thework.

(c) The question whether or not the form ofthe undertaking referred to above should, forthe application of the preceding subparagraph(b), be in a written agreement or a written actof the same effect shall be a matter for thelegislation of the country where the maker ofthe cinematographic work has his headquartersor habitual residence. However, it shall be amatter for the legislation of the country of theUnion where protection is claimed to providethat the said undertaking shall be in a writtenagreement or a written act of the same effect.The countries whose legislation so providesshall notify the Director General by means of awritten declaration, which will be immediatelycommunicated by him to all the othercountries of the Union.

(d) By ‘contrary or special stipulation’ ismeant any restrictive condition which is rele-vant to the aforesaid undertaking.

(3) Unless the national legislation provides tothe contrary, the provisions of paragraph (2)(b)above shall not be applicable to authors ofscenarios, dialogues and musical works createdfor the making of the cinematographic work,or to the principal director thereof. However,those countries of the Union whose legislationdoes not contain rules providing for theapplication of the said paragraph (2)(b) to suchdirector shall notify the Director General bymeans of a written declaration, which will beimmediately communicated by him to all theother countries of the Union.

Article 14 ter

(1) The author, or after his death the personsor institutions authorised by national legisla-tion, shall, with respect to original works ofart and original manuscripts of writers andcomposers, enjoy the inalienable right to aninterest in any sale of the work subsequent tothe first transfer by the author of the work.

(2) The protection provided by the precedingparagraph may be claimed in a country of theUnion only if legislation in the country towhich the author belongs so permits, and tothe extent permitted by the country where thisprotection is claimed.

(3) The procedure for collection and theamounts shall be matters for determination bynational legislation.

Article 15

(1) In order that the author of a literary orartistic work protected by this Conventionshall, in the absence of proof to the contrary, beregarded as such, and consequently be entitledto institute infringement proceedings in thecountries of the Union, it shall be sufficient forhis name to appear on the work in the usualmanner. This paragraph shall be applicableeven if this name is a pseudonym, where thepseudonym adopted by the author leaves nodoubt as to his identity.

(2) The person or body corporate whose nameappears on a cinematographic work in theusual manner shall, in the absence of proof tothe contrary, be presumed to be the maker ofthe said work.

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(3) In the case of anonymous and pseudony-mous works, other than those referred to inparagraph (1) above, the publisher whose nameappears on the work shall, in the absence of proofto the contrary, be deemed to represent theauthor, and in this capacity he shall be entitledto protect and enforce the author’s rights. Theprovisions of this paragraph shall cease toapply when the author reveals his identity andestablishes his claim to authorship of the work.

(4) (a) In the case of unpublished works wherethe identity of the author is unknown, butwhere there is every ground to presume that heis a national of a country of the Union, it shallbe a matter for legislation in that country todesignate the competent authority which shallrepresent the author and shall be entitled toprotect and enforce his rights in the countriesof the Union.

(b) Countries of the Union which makes suchdesignation under the terms of this provisionshall notify the Director General by means of awritten declaration giving full informationconcerning the authority thus designated. TheDirector General shall at once communicatethis declaration to all other countries of theUnion.

Article 16

(1) Infringing copies of a work shall be liableto seizure in any country of the Union wherethe work enjoys legal protection.

(2) The provisions of the preceding paragraphshall also apply to reproductions coming froma country where the work is not protected, orhas ceased to be protected.

(3) The seizure shall take place in accordancewith the legislation of each country.

Article 17

The provisions of this Convention cannot inany way affect the right of the Government ofeach country of the Union to permit, to con-trol, or to prohibit, by legislation or regulation,the circulation, presentation, or exhibition ofany work or production in regard to which thecompetent authority may find it necessary toexercise that right.

Article 18

(1) This Convention shall apply to all workswhich, at the moment of its coming into force,have not yet fallen into the public domain inthe country of origin through the expiry of theterm of protection.

(2) If, however, through the expiry of the termof protection which was previously granted, awork has fallen into the public domain of thecountry where protection is claimed, that workshall not be protected anew.

(3) The application of this principle shall besubject to any provisions contained in specialconventions to that effect existing or to beconcluded between countries of the Union. Inthe absence of such provisions, the respectivecountries shall determine, each in so far as it isconcerned, the conditions of application ofthis principle.

(4) The preceding provisions shall also applyin the case of new accessions to the Union andto cases in which protection is extended by theapplication of Article 7 or by the abandonmentof reservations.

Article 19

The provisions of this Convention shallnot preclude the making of a claim to thebenefit of any greater protection which maybe granted by legislation in a country of theUnion.

Article 20

The Governments of the countries of theUnion reserve the right to enter into specialagreements among themselves, in so far as suchagreements grant to authors more extensiverights than those granted by the Convention,or contain other provisions not contrary to thisConvention. The provisions of existing agree-ments which satisfy these conditions shallremain applicable.

Article 21

(1) Special provisions regarding developingcountries are included in the Appendix.

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(2) Subject to the provisions of Article28(1)(b), the Appendix forms an integral partof this Act.

Article 22

(1) (a) The Union shall have an Assemblyconsisting of those countries of the Unionwhich are bound by Articles 22 to 26.

(b) The Government of each country shallbe represented by one delegate, who may beassisted by alternate delegates, advisers, andexperts.

(c) The expenses of each delegation shall beborne by the Government which hasappointed it.

(2) (a) The Assembly shall:

(i) deal with all matters concerning themaintenance and development of theUnion and the implementation of thisConvention;

(ii) give directions concerning the prepar-ation for conferences of revision to theInternational Bureau of IntellectualProperty (hereinafter designated as ‘theInternational Bureau’) referred to in theConvention Establishing the WorldIntellectual Property Organisation (here-inafter designed as ‘the Organisation’),due account being taken of any com-ments made by those countries of theUnion which are not bound by Articles22 to 26;

(iii) review and approve the reports andactivities of the Director General of theOrganisation concerning the Union, andgive him all necessary instructions con-cerning matters within the competence ofthe Union;

(iv) elect the members of the ExecutiveCommittee of the Assembly;

(v) review and approve the reports andactivities of its Executive Committee,and give instructions to such Committee;

(vi) determine the programme and adoptthe [triennial]* biennial** budget of theUnion, and approve its final accounts;

(vii) adopt the financial regulations of theUnion;

(viii) establish such committees of experts andworking groups as may be necessary forthe work of the Union;

(ix) determine which countries not membersof the Union and which intergovern-mental and international non-govern-mental organisations shall be admitted toits meetings as observers;

(x) adopt amendments to Articles 22 to 26;(xi) take any other appropriate action

designed to further the objectives of theUnion;

(xii) exercise such other functions as areappropriate under this Convention;

(xiii) subject to its acceptance, exercise suchrights as are given to it in the Conventionestablishing the Organisation.

(b) With respect to matters which are ofinterest also to other Unions administeredby the Organisation, the Assembly shallmake its decisions after having heard theadvice of the Coordination Committee of theOrganisation.

(3) (a) Each country member of the Assemblyshall have one vote.

(b) One-half of the countries members of theAssembly shall constitute a quorum.

(c) Notwithstanding the provisions of sub-paragraph (b), if, in any session, the numberof countries represented is less than one-halfbut equal to or more than one-third ofthe countries members of the Assembly, theAssembly may make decisions but, with theexception of decisions concerning its own pro-cedure, all such decisions shall take effect onlyif the following conditions are fulfilled. TheInternational Bureau shall communicate thesaid decisions to the countries members of theAssembly which were not represented and shallinvite them to express in writing their voteor abstention within a period of three monthsfrom the date of the communication. If, atthe expiration of this period, the number ofcountries having thus expressed their vote orabstention attains the number of countrieswhich was lacking for attaining the quorum inthe session itself, such decisions shall take effectprovided that at the same time the requiredmajority still obtains.

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(d) Subject to the provisions of Article 26(2),the decisions of the Assembly shall require two-thirds of the votes cast.

(e) Abstentions shall not be considered asvotes.

(f) A delegate may represent, and vote in thename of, one country only.

(g) Countries of the Union not members ofthe Assembly shall be admitted to its meetingsas observers.

(4) (a) The Assembly shall meet once in every[third]* second** calendar year in ordinarysession upon convocation by the DirectorGeneral and, in the absence of exceptionalcircumstances, during the same period and atthe same place as the General Assembly of theOrganisation.

(b) The Assembly shall meet in extraordinarysession upon convocation by the DirectorGeneral, at the request of the Executive Com-mittee or at the request of one-fourth of thecountries members of the Assembly.

(5) The Assembly shall adopt its own rules ofprocedure.

Article 23

(1) The Assembly shall have an ExecutiveCommittee.

(2) (a) The Executive Committee shall consistof countries elected by the Assembly fromamong countries members of the Assembly.Furthermore, the country on whose territorythe Organisation has its headquarters shall,subject to the provisions of Article 25(7)(b),have an ex officio seat on the Committee.

(b) The Government of each country memberof the Executive Committee shall be repre-sented by one delegate, who may be assisted byalternate delegates, advisers, and experts.

(c) The expenses of each delegation shall beborne by the Government which hasappointed it.

(3) The number of countries members of theExecutive Committee shall correspond to one-fourth of the number of countries members

of the Assembly. In establishing the number ofseats to be filled, remainders after division byfour shall be disregarded.

(4) In electing the members of the ExecutiveCommittee, the Assembly shall have dueregard to an equitable geographical distri-bution and to the need for countries party tothe Special Agreements which might be estab-lished in relation with the Union to be amongthe countries constituting the ExecutiveCommittee.

(5) (a) Each member of the Executive Com-mittee shall serve from the close of the sessionof the Assembly which elected it to the close ofthe next ordinary session of the Assembly.

(b) Members of the Executive Committee maybe re-elected, but not more than two-thirds ofthem.

(c) The Assembly shall establish the details ofthe rules governing the election and possiblere-election of the members of the ExecutiveCommittee.

(6) (a) The Executive Committee shall:

(i) prepare the draft agenda of the Assembly(ii) submit proposals to the Assembly

respecting the draft programme and[triennial]* biennial** budget of theUnion prepared by the Director General;

[(iii) approve, within the limits of the pro-gramme and the triennial budget, thespecific yearly budgets and programmesprepared by the Director General;]***

(iv) submit, with appropriate comments, tothe Assembly the periodical reports ofthe Director General and the yearly auditreports of the accounts;

(v) in accordance with the decisions of theAssembly and having regard to circum-stances arising between two ordinarysessions of the Assembly, take all neces-sary measures to ensure the executionof the program of the Union by the Dir-ector General;

(vi) perform such other functions as areallocated to it under this Convention.

(b) With respect to matters which are of inter-est also to other Unions administered by the

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Organisation, the Executive Committee shallmake its decisions after having heard the adviceof the Coordination Committee of theOrganisation.

(7) (a) The Executive Committee shall meetonce a year in ordinary session upon convoca-tion by the Director General, preferably duringthe same period and at the same place as theCoordination Committee of the Organisation.

(b) The Executive Committee shall meet inextraordinary session upon convocation by theDirector General, either on his own initiative,or at the request of its Chairman or one-fourthof its members.

(8) (a) Each country member of the ExecutiveCommittee shall have one vote.

(b) One-half of the members of the ExecutiveCommittee shall constitute a quorum.

(c) Decisions shall be made by a simple major-ity of the votes cast.

(d) Abstentions shall not be considered asvotes.

(e) A delegate may represent, and vote in thename of, one country only.

(9) Countries of the Union not members ofthe Executive Committee shall be admitted toits meetings as observers.

(10) The Executive Committee shall adopt itsown rules of procedure.

Article 24

(1) (a) The administrative tasks with respectto the Union shall be performed by the Inter-national Bureau, which is a continuation of theBureau of the Union united with the Bureau ofthe Union established by the InternationalConvention for the Protection of IndustrialProperty.

(b) In particular, the International Bureau shallprovide the secretariat of the various organs ofthe Union.

(c) The Director General of the Organisationshall be the chief executive of the Union andshall represent the Union.

(2) The International Bureau shall assembleand publish information concerning the pro-tection of copyright. Each country of theUnion shall promptly communicate to theInternational Bureau all new laws and officialtexts concerning the protection of copyright.

(3) The International Bureau shall publish amonthly periodical.

(4) The International Bureau shall, onrequest, furnish information to any countryof the Union on matters concerning the pro-tection of copyright.

(5) The International Bureau shall conductstudies, and shall provide services, designed tofacilitate the protection of copyright.

(6) The Director General and any staffmember designated by him shall participate,without the right to vote, in all meetings of theAssembly, the Executive Committee and anyother committee of experts or working group.The Director General, or a staff memberdesignated by him, shall be ex officio secretaryof these bodies.

(7) (a) The International Bureau shall, inaccordance with the directions of the Assemblyand in cooperation with the ExecutiveCommittee, make the preparations for theconferences of revision of the provisionsof the Convention other than Articles 22 to26.

(b) The International Bureau may consultwith inter-governmental and internationalnon-governmental organisations concerningpreparations for conferences of revision.

(c) The Director General and personsdesignated by him shall take part, withoutthe right to vote, in the discussions at theseconferences.

(8) The International Bureau shall carry outany other tasks assigned to it.

Article 25

(1) (a) The Union shall have a budget.

(b) The budget of the Union shall includethe income and expenses proper to the Union,its contribution to the budget of expenses

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common to the Unions, and, where applicable,the sum made available to the budget of theConference of the Organisation.

(c) Expenses not attributable exclusively to theUnion but also to one or more other Unionsadministered by the Organisation shall be con-sidered as expenses common to the Unions.The share of the Union in such commonexpenses shall be in proportion to the interestthe Union has in them.

(2) The budget of the Union shall be estab-lished with due regard to the requirements ofcoordination with the budgets of the otherUnions administered by the Organisation.

(3) The budget of the Union shall be financedfrom the following sources:

(i) contributions of the countries of theUnion;

(ii) fees and charges due for services per-formed by the International Bureau inrelation to the Union;

(iii) sale of, or royalties on, the publicationsof the International Bureau concerningthe Union;

(iv) gifts, bequests, and subventions;(v) rents, interests, and other miscellaneous

income.

(4) (a) For the purpose of establishing itscontribution towards the budget, each countryof the Union shall belong to a class, and shallpay its annual contributions on the basis of anumber of units fixed as follows:

Class I 25Class II 20Class III 15Class IV 10Class V 5Class VI 3Class VII 1

(b) Unless it has already done so, each countryshall indicate, concurrently with depositingits instrument of ratification or accession, theclass to which it wishes to belong. Any countrymay change class. If it chooses a lower class, thecountry must announce it to the Assembly atone of its ordinary sessions. Any such changeshall take effect at the beginning of thecalendar year following the session.

(c) The annual contribution of each countryshall be an amount in the same proportion tothe total sum to be contributed to the annualbudget of the Union by all countries as thenumber of its units is to the total of the units ofall contributing countries.

(d) Contributions shall become due on the firstof January of each year.

(e) A country which is in arrears in the paymentof its contributions shall have no vote in anyof the organs of the Union of which it is amember if the amount of its arrears equals orexceeds the amount of the contributionsdue from it for the preceding two full years.However, any organ of the Union may allowsuch a country to continue to exercise its votein that organ if, and as long as, it is satisfiedthat the delay in payment is due to exceptionaland unavoidable circumstances.

(f) If the budget is not adopted before thebeginning of a new financial period, it shall beat the same level as the budget of the previousyear, in accordance with the financialregulations.

(5) The amount of the fees and charges duefor services rendered by the InternationalBureau in relation to the Union shall be estab-lished, and shall be reported to the Assemblyand the Executive Committee, by the DirectorGeneral.

(6) (a) The Union shall have a working capitalfund which shall be constituted by a singlepayment made by each country of the Union.If the fund becomes insufficient, an increaseshall be decided by the Assembly.

(b) The amount of the initial payment of eachcountry to the said fund or of its participationin the increase thereof shall be a proportion ofthe contribution of that country for the year inwhich the fund is established or the increasedecided.

(c) The proportion and the terms of paymentshall be fixed by the Assembly on the proposalof the Director General and after it has heardthe advice of the Coordination Committee ofthe Organisation.

(7) (a) In the headquarters agreement con-

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cluded with the country on the territory ofwhich the Organisation has its headquarters, itshall be provided that, whenever the workingcapital fund is insufficient, such country shallgrant advances. The amount of these advancesand the conditions on which they are grantedshall be the subject of separate agreements, ineach case, between such country and theOrganisation. As long as it remains under theobligation to grant advances, such countryshall have an ex officio seat on the ExecutiveCommittee.

(b) The country referred to in subparagraph (a)and the Organisation shall each have the rightto denounce the obligation to grant advances,by written notification. Denunciation shalltake effect three years after the end of the yearin which it has been notified.

(8) The auditing of the accounts shall beeffected by one or more of the countries of theUnion or by external auditors, as provided inthe financial regulations. They shall be desig-nated, with their agreement, by the Assembly.

Article 26

(1) Proposals for the amendment of Articles22, 23, 24, 25, and the present Article, maybe initiated by any country member of theAssembly, by the Executive Committee, or bythe Director General. Such proposals shall becommunicated by the Director General to themember countries of the Assembly at least sixmonths in advance of their consideration bythe Assembly.

(2) Amendments to the Articles referred toin paragraph (1) shall be adopted by theAssembly. Adoption shall require three-fourthsof the votes cast, provided that any amend-ment of Article 22, and of the present para-graph, shall require four-fifths of the votescast.

(3) Any amendment to the Articles referred toin paragraph (1) shall enter into force onemonth after written notifications of accept-ance, effected in accordance with their respec-tive constitutional processes, have been receivedby the Director General from three-fourths ofthe countries members of the Assembly atthe time it adopted the amendment. Any

amendment to the said Articles thus acceptedshall bind all the countries which are membersof the Assembly at the time the amendmententers into force, or which become membersthereof at a subsequent date, provided that anyamendment increasing the financial obliga-tions of countries of the Union shall bind onlythose countries which have notified theiracceptance of such amendment.

Article 27

(1) This Convention shall be submitted torevision with a view to the introduction ofamendments designed to improve the systemof the Union.

(2) For this purpose, conferences shall be heldsuccessively in one of the countries of theUnion among the delegates of the saidcountries.

(3) Subject to the provisions of Article 26which apply to the amendment of Articles 22to 26, any revision of this Act, including theAppendix, shall require the unanimity of thevotes cast.

Article 28

(1) (a) Any country of the Union which hassigned this Act may ratify it, and, if it has notsigned it, may accede to it. Instruments ofratification or accession shall be deposited withthe Director General.

(b) Any country of the Union may declare in itsinstrument of ratification or accession thatits ratification or accession shall not apply toArticles 1 to 21 and the Appendix, providedthat, if such country has previously made adeclaration under Article VI(1) of the Appen-dix, then it may declare in the said instrumentonly that its ratification or accession shall notapply to Articles 1 to 20.

(c) Any country of the Union which, in accord-ance with subparagraph (b), has excluded pro-visions therein referred to from the effects ofits ratification or accession may at any latertime declare that it extends the effects of itsratification or accession to those provisions.Such declaration shall be deposited with theDirector General.

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(2) (a) Articles 1 to 21 and the Appendix shallenter into force three months after both of thefollowing two conditions are fulfilled:

(i) at least five countries of the Union haveratified or acceded to this Act withoutmaking a declaration under paragraph(1)(b),

(ii) France, Spain, the United Kingdom ofGreat Britain and Northern Ireland, andthe United States of America, have becomebound by the Universal Copyright Con-vention as revised at Paris on July 24,1971.

(b) The entry into force referred to in sub-paragraph (a) shall apply to those countries ofthe Union which, at least three months beforethe said entry into force, have depositedinstruments of ratification or accession notcontaining a declaration under paragraph(1)(b).

(c) With respect to any country of the Unionnot covered by subparagraph (b) and whichratifies or accedes to this Act without making adeclaration under paragraph (1)(b), Articles 1to 21 and the Appendix shall enter into forcethree months after the date on which theDirector General has notified the depositof the relevant instrument of ratification oraccession, unless a subsequent date has beenindicated in the instrument deposited. In thelatter case, Articles 1 to 21 and the Appendixshall enter into force with respect to thatcountry on the date thus indicated.

(d) The provisions of subparagraphs (a) to (c)do not affect the application of Article VI ofthe Appendix.

(3) With respect to any country of the Unionwhich ratifies or accedes to this Act with orwithout a declaration made under paragraph(1)(b), Articles 22 to 38 shall enter intoforce three months after the date on which theDirector General has notified the deposit ofthe relevant instrument of ratification oraccession, unless a subsequent date has beenindicated in the instrument deposited. In thelatter case, Articles 22 to 38 shall enter intoforce with respect to that country on the datethus indicated.

Article 29

(1) Any country outside the Union mayaccede to this Act and thereby become party tothis Convention and a member of the Union.Instruments of accession shall be depositedwith the Director General.

(2) (a) Subject to subparagraph (b), this Con-vention shall enter into force with respect toany country outside the Union three monthsafter the date on which the Director Generalhas notified the deposit of its instrument ofaccession, unless a subsequent date has beenindicated in the instrument deposited. In thelatter case, this Convention shall enter intoforce with respect to that country on the datethus indicated.

(b) If the entry into force according to sub-paragraph (a) precedes the entry into force ofArticles 1 to 21 and the Appendix according toArticle 28(2)(a), the said country shall, in themeantime, be bound, instead of by Articles 1to 21 and the Appendix, by Articles 1 to 20 ofthe Brussels Act of this Convention.

Article 29bis

Ratification of or accession to this Act byany country not bound by Articles 22 to 38 ofthe Stockholm Act of this Convention shall,for the sole purposes of Article 14(2) of theConvention establishing the Organisation,amount to ratification of or accession to thesaid Stockholm Act with the limitation setforth in Article 28(1)(b)(i) thereof.

Article 30

(1) Subject to the exceptions permitted by para-graph (2) of this Article, by Article 28(1)(b), byArticle 33(2), and by the Appendix, ratificationor accession shall automatically entail accept-ance of all the provisions and admission to allthe advantages of this Convention.

(2) (a) Any country of the Union ratifyingor acceding to this Act may, subject to ArticleV(2) of the Appendix, retain the benefit ofthe reservations it has previously formulatedon condition that it makes a declaration tothat effect at the time of the deposit of itsinstrument of ratification or accession.

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(b) Any country outside the Union maydeclare, in acceding to this Convention andsubject to Article V(2) of the Appendix, that itintends to substitute, temporarily at least, forArticle 8 of this Act concerning the right oftranslation, the provisions of Article 5 of theUnion Convention of 1886, as completed atParis in 1896, on the clear understanding thatthe said provisions are applicable only to trans-lations into a language in general use in thesaid country. Subject to Article I(6)(b) of theAppendix, any country has the right to apply,in relation to the right of translation of workswhose country of origin is a country availingitself of such a reservation, a protection whichis equivalent to the protection granted by thelatter country.

(c) Any country may withdraw such reserva-tions at any time by notification addressed tothe Director General.

Article 31

(1) Any country may declare in its instrumentof ratification or accession, or may inform theDirector General by written notification at anytime thereafter, that this Convention shall beapplicable to all or part of those territories,designated in the declaration or notification,for the external relations of which it isresponsible.

(2) Any country which has made such adeclaration or given such a notification may, atany time, notify the Director General that thisConvention shall cease to be applicable to allor part of such territories.

(3) (a) Any declaration made under paragraph(1) shall take effect on the same date as theratification or accession in which it wasincluded, and any notification given under thatparagraph shall take effect three months afterits notification by the Director General.

(b) Any notification given under paragraph (2)shall take effect twelve months after its receiptby the Director General.

(4) This Article shall in no way be understoodas implying the recognition or tacit acceptanceby a country of the Union of the factualsituation concerning a territory to which this

Convention is made applicable by anothercountry of the Union by virtue of a declarationunder paragraph (1).

Article 32

(1) This Act shall, as regards relations betweenthe countries of the Union, and to the extentthat it applies, replace the Berne Convention of9 September 1886, and the subsequent Actsof revision. The Acts previously in force shallcontinue to be applicable, in their entirety orto the extent that this Act does not replacethem by virtue of the preceding sentence, inrelations with countries of the Union which donot ratify or accede to this Act.

(2) Countries outside the Union whichbecome party to this Act shall, subject to para-graph (3), apply it with respect to any countryof the Union not bound by this Act orwhich, although bound by this Act, has made adeclaration pursuant to Article 28(1)(b). Suchcountries recognise that the said country of theUnion, in its relations with them:

(i) may apply the provisions of the mostrecent Act by which it is bound, and

(ii) subject to Article I(6) of the Appendix, hasthe right to adapt the protection to thelevel provided for by this Act.

(3) Any country which has availed itself of anyof the faculties provided for in the Appendixmay apply the provisions of the Appendixrelating to the faculty or faculties of which ithas availed itself in its relations with any othercountry of the Union which is not bound bythis Act, provided that the latter country hasaccepted the application of the said provisions.

Article 33

(1) Any dispute between two or more coun-tries of the Union concerning the interpret-ation or application of this Convention, notsettled by negotiation, may, by any one of thecountries concerned, be brought before theInternational Court of Justice by application inconformity with the Statute of the Court,unless the countries concerned agree on someother method of settlement. The country bring-ing the dispute before the Court shall informthe International Bureau; the International

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Bureau shall bring the matter to the attentionof the other countries of the Union.

(2) Each country may, at the time it signs thisAct or deposits its instrument of ratification oraccession, declare that it does not consideritself bound by the provisions of paragraph (1).With regard to any dispute between suchcountry and any other country of the Union,the provisions of paragraph (1) shall notapply.

(3) Any country having made a declaration inaccordance with the provisions of paragraph(2) may, at any time, withdraw its declarationby notification addressed to the DirectorGeneral.

Article 34

(1) Subject to Article 29bis, no country mayratify or accede to earlier Acts of this Conven-tion once Articles 1 to 21 and the Appendixhave entered into force.

(2) Once Articles 1 to 21 and the Appendixhave entered into force, no country may makea declaration under Article 5 of the ProtocolRegarding Developing Countries attached tothe Stockholm Act.

Article 35

(1) This Convention shall remain in forcewithout limitation as to time.

(2) Any country may denounce this Act bynotification addressed to the Director General.Such denunciation shall constitute alsodenunciation of all earlier Acts and shall affectonly the country making it, the Conventionremaining in full force and effect as regards theother countries of the Union.

(3) Denunciation shall take effect one yearafter the day on which the Director Generalhas received the notification.

(4) The right of denunciation provided by thisArticle shall not be exercised by any countrybefore the expiration of five years from the dateupon which it becomes a member of theUnion.

Article 36

(1) Any country party to this Conventionundertakes to adopt, in accordance with itsconstitution, the measures necessary to ensurethe application of this Convention.

(2) It is understood that, at the time a countrybecomes bound by this Convention, it will bein a position under its domestic law to giveeffect to the provisions of this Convention.

Article 37

(1) (a) This Act shall be signed in a singlecopy in the French and English languages and,subject to paragraph (2), shall be depositedwith the Director General.

(b) Official texts shall be established by theDirector General, after consultation withthe interested Governments, in the Arabic,German, Italian, Portuguese and Spanishlanguages, and such other languages as theAssembly may designate.

(c) In case of differences of opinion on theinterpretation of the various texts, the Frenchtext shall prevail.

(2) This Act shall remain open for signatureuntil 31 January 1972. Until that date, thecopy referred to in paragraph (1)(a) shall bedeposited with the Government of the FrenchRepublic.

(3) The Director General shall certify andtransmit two copies of the signed text of thisAct to the Governments of all countries of theUnion and, on request, to the Government ofany other country.

(4) The Director General shall register thisAct with the Secretariat of the United Nations.

(5) The Director General shall notify theGovernments of all countries of the Union ofsignatures, deposits of instruments of ratifica-tion or accession and any declarations includedin such instruments or made pursuant toArticles 28(1)(c), 30(2)(a) and (b), and 33(2),entry into force of any provisions of this Act,notifications of denunciation, and notificationspursuant to Articles 30(2)(c), 31(1) and (2),33(3), and 38(1), as well as the Appendix.

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Article 38

(1) Countries of the Union which have notratified or acceded to this Act and which arenot bound by Articles 22 to 26 of the Stock-holm Act of this Convention may, until 26April 1975, exercise, if they so desire, the rightsprovided under the said Articles as if theywere bound by them. Any country desiring toexercise such rights shall give written notifica-tion to this effect to the Director General; thisnotification shall be effective on the date ofits receipt. Such countries shall be deemed tobe members of the Assembly until the saiddate.

(2) As long as all the countries of the Unionhave not become Members of the Organisa-tion, the International Bureau of the Organisa-tion shall also function as the Bureau ofthe Union, and the Director General as theDirector of the said Bureau.

(3) Once all the countries of the Union havebecome Members of the Organisation, therights, obligations, and property, of the Bureauof the Union shall devolve on the InternationalBureau of the Organisation.

AppendixArticle I

(1) Any country regarded as a developingcountry in conformity with the establishedpractice of the General Assembly of the UnitedNations which ratifies or accedes to this Act, ofwhich this Appendix forms an integral part,and which, having regard to its economic situ-ation and its social or cultural needs, does notconsider itself immediately in a position tomake provision for the protection of all therights as provided for in this Act, may, by anotification deposited with the DirectorGeneral at the time of depositing its instru-ment of ratification or accession or, subject toArticle V(1)(c), at any time thereafter, declarethat it will avail itself of the faculty providedfor in Article II, or of the faculty provided forin Article III, or of both of those faculties. Itmay, instead of availing itself of the facultyprovided for in Article II, make a declarationaccording to Article V(1)(a).

(2) (a) Any declaration under paragraph (1)notified before the expiration of the period often years from the entry into force of Articles 1to 21 and this Appendix according to Article28(2) shall be effective until the expiration ofthe said period. Any such declaration may berenewed in whole or in part for periods of tenyears each by a notification deposited with theDirector General not more than fifteen monthsand not less than three months before theexpiration of the ten-year period then running.

(b) Any declaration under paragraph (1) noti-fied after the expiration of the period of tenyears from the entry into force of Articles 1 to21 and this Appendix according to Article28(2) shall be effective until the expiration ofthe ten-year period then running. Any suchdeclaration may be renewed as provided for inthe second sentence of subparagraph (a).

(3) Any country of the Union which hasceased to be regarded as a developing countryas referred to in paragraph (1) shall no longerbe entitled to renew its declaration as providedin paragraph (2), and, whether or not informally withdraws its declaration, such coun-try shall be precluded from availing itself of thefacilities referred to in paragraph (1) from theexpiration of the ten-year period then runningor from the expiration of a period of three yearsafter it has ceased to be regarded as a develop-ing country, whichever period expires later.

(4) Where, at the time when the declarationmade under paragraph (1) or (2) ceases to beeffective, there are copies in stock which weremade under a licence granted by virtue ofthis Appendix, such copies may continue to bedistributed until their stock is exhausted.

(5) Any country which is bound by the provi-sions of this Act and which has deposited adeclaration or a notification in accordance withArticle 31(1) with respect to the application ofthis Act to a particular territory, the situationof which can be regarded as analogous to thatof the countries referred to in paragraph (1),may, in respect of such territory, make thedeclaration referred to in paragraph (1) and thenotification of renewal referred to in para-graph (2). As long as such declaration or noti-fication remains in effect, the provisions of this

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Appendix shall be applicable to the territory inrespect of which it was made.

(6) (a) The fact that a country avails itself of anyof the faculties referred to in paragraph (1)does not permit another country to give lessprotection to works of which the country oforigin is the former country than it is obligedto grant under Articles 1 to 20.

(b) The right to apply reciprocal treatment pro-vided for in Article 30(2)(b), second sentence,shall not, until the date on which the periodapplicable under Article I(3) expires, beexercised in respect of works the country oforigin of which is a country which has made adeclaration according to Article V(1)(a).

Article II

(1) Any country which has declared that itwill avail itself of the faculty provided for inthis Article shall be entitled, so far as workspublished in printed or analogous forms ofreproduction are concerned, to substitute forthe exclusive right of translation provided forin Article 8 a system of non-exclusive and non-transferable licences, granted by the competentauthority under the following conditions andsubject to Article IV.

(2) (a) Subject to paragraph (3), if, after theexpiration of a period of three years, or ofany longer period determined by the nationallegislation of the said country, commencing onthe date of the first publication of the work,a translation of such work has not been pub-lished in a language in general use in thatcountry by the owner of the right of transla-tion, or with his authorisation, any national ofsuch country may obtain a licence to make atranslation of the work in the said languageand publish the translation in printed oranalogous forms of reproduction.

(b) A licence under the conditions providedfor in this Article may also be granted if allthe editions of the translation published in thelanguage concerned are out of print.

(3) (a) In the case of translations into a lan-guage which is not in general use in one ormore developed countries which are membersof the Union, a period of one year shall be

substituted for the period of three yearsreferred to in paragraph (2)(a).

(b) Any country referred to in paragraph (1)may, with the unanimous agreement of thedeveloped countries which are members of theUnion and in which the same language is ingeneral use, substitute, in the case of transla-tions into that language, for the period ofthree years referred to in paragraph (2)(a) ashorter period as determined by such agree-ment but not less than one year. However,the provisions of the foregoing sentence shallnot apply where the language in question isEnglish, French or Spanish. The DirectorGeneral shall be notified of any such agree-ment by the Governments which have con-cluded it.

(4) (a) No licence obtainable after three yearsshall be granted under this Article until afurther period of six months has elapsed, andno licence obtainable after one year shall begranted under this Article until a furtherperiod of nine months has elapsed

(i) from the date on which the applicantcomplies with the requirements men-tioned in Article IV(1), or

(ii) where the identity or the address of theowner of the right of translation isunknown, from the date on which theapplicant sends, as provided for in ArticleIV(2), copies of his application submittedto the authority competent to grant thelicence.

(b) If, during the said period of six or ninemonths, a translation in the language in respectof which the application was made is publishedby the owner of the right of translation orwith his authorisation, no licence under thisArticle shall be granted.

(5) Any licence under this Article shall begranted only for the purpose of teaching,scholarship or research.

(6) If a translation of a work is published bythe owner of the right of translation or with hisauthorisation at a price reasonably related tothat normally charged in the country for com-parable works, any licence granted under thisArticle shall terminate if such translation isin the same language and with substantially

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the same content as the translation publishedunder the licence. Any copies already madebefore the licence terminates may continue tobe distributed until their stock is exhausted.

(7) For works which are composed mainly ofillustrations, a licence to make and publish atranslation of the text and to reproduce andpublish the illustrations may be granted only ifthe conditions of Article III are also fulfilled.

(8) No licence shall be granted under thisArticle when the author has withdrawn fromcirculation all copies of his work.

(9) (a) A licence to make a translation of awork which has been published in printed oranalogous forms of reproduction may also begranted to any broadcasting organisation hav-ing its headquarters in a country referred to inparagraph (1), upon an application made tothe competent authority of that country bythe said organisation, provided that all of thefollowing conditions are met:

(i) the translation is made from a copy madeand acquired in accordance with the lawsof the said country;

(ii) the translation is only for use in broad-casts intended exclusively for teachingor for the dissemination of the results ofspecialised technical or scientific researchto experts in a particular profession;

(iii) the translation is used exclusively for thepurposes referred to in condition (ii)through broadcasts made lawfully andintended for recipients on the territory ofthe said country, including broadcastsmade through the medium of sound orvisual recordings lawfully and exclusivelymade for the purpose of such broadcasts;

(iv) all uses made of the translation are with-out any commercial purpose.

(b) Sound or visual recordings of a translationwhich was made by a broadcasting organisa-tion under a licence granted by virtue of thisparagraph may, for the purposes and subject tothe conditions referred to in subparagraph (a)and with the agreement of that organisation,also be used by any other broadcasting organi-sation having its headquarters in the countrywhose competent authority granted the licencein question.

(c) Provided that all of the criteria and condi-tions set out in subparagraph (a) are met, alicence may also be granted to a broadcastingorganisation to translate any text incorporatedin an audio-visual fixation where such fixationwas itself prepared and published for the solepurpose of being used in connection withsystematic instructional activities.

(d) Subject to subparagraphs (a) to (c), the pro-visions of the preceding paragraphs shall applyto the grant and exercise of any licence grantedunder this paragraph.

Article III

(1) Any country which has declared that it willavail itself of the faculty provided for in thisArticle shall be entitled to substitute for theexclusive right of reproduction provided for inArticle 9 a system of non-exclusive and non-transferable licences, granted by the competentauthority under the following conditions andsubject to Article IV.

(2) (a) If, in relation to a work to which thisArticle applies by virtue of paragraph (7), afterthe expiration of

(i) the relevant period specified in paragraph(3), commencing on the date of first pub-lication of a particular edition of the work,or

(ii) any longer period determined by nationallegislation of the country referred to inparagraph (1), commencing on the samedate,

copies of such edition have not been distri-buted in that country to the general public orin connection with systematic instructionalactivities, by the owner of the right of repro-duction or with his authorisation, at a pricereasonably related to that normally chargedin the country for comparable works, anynational of such country may obtain a licenceto reproduce and publish such edition at thator a lower price for use in connection withsystematic instructional activities.

(b) A licence to reproduce and publish anedition which has been distributed as describedin subparagraph (a) may also be granted underthe conditions provided for in this Article if,after the expiration of the applicable period,

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no authorised copies of that edition have beenon sale for a period of six months in thecountry concerned to the general public orin connection with systematic instructionalactivities at a price reasonably related to thatnormally charged in the country for com-parable works.

(3) The period referred to in paragraph(2)(a)(i) shall be five years, except that

(i) for works of the natural and physicalsciences, including mathematics, and oftechnology, the period shall be three years;

(ii) for works of fiction, poetry, drama andmusic, and for art books, the period shallbe seven years.

(4) (a) No licence obtainable after three yearsshall be granted under this Article until aperiod of six months has elapsed.

(i) from the date on which the applicantcomplies with the requirements men-tioned in Article IV(1), or

(ii) where the identity or the address of theowner of the right of reproduction isunknown, from the date on which theapplicant sends, as provided for in ArticleIV(2), copies of his application submittedto the authority competent to grant thelicence.

(b) Where licences are obtainable after otherperiods and Article IV(2) is applicable, nolicence shall be granted until a period of threemonths has elapsed from the date of the dis-patch of the copies of the application.

(c) If, during the period of six or three monthsreferred to in subparagraphs (a) and (b), a dis-tribution as described in paragraph (2)(a) hastaken place, no licence shall be granted underthis Article.

(d) No licence shall be granted if the author haswithdrawn from circulation all copies of theedition for the reproduction and publicationof which the licence has been applied for.

(5) A licence to reproduce and publish a trans-lation of a work shall not be granted under thisArticle in the following cases:

(i) where the translation was not published bythe owner of the right of translation orwith this authorisation, or

(ii) where the translation is not in a languagein general use in the country in which thelicence is applied for.

(6) If copies of an edition of a work are dis-tributed in the country referred to in paragraph(1) to the general public or in connectionwith systematic instructional activities, by theowner of the right of reproduction or with hisauthorisation, at a price reasonably related tothat normally charged in the country for com-parable works, any licence granted under thisArticle shall terminate if such edition is in thesame language and with substantially the samecontent as the edition which was publishedunder the said licence. Any copies already madebefore the licence terminates may continue tobe distributed until their stock is exhausted.

(7) (a) Subject to subparagraph (b), the worksto which this Article applies shall be limited toworks published in printed or analogous formsof reproduction.

(b) This Article shall also apply to the reproduc-tion in audio-visual form of lawfully madeaudio-visual fixations including any protectedworks incorporated therein and to the trans-lation of any incorporated text into a languagein general use in the country in which thelicence is applied for, always provided that theaudio-visual fixations in question were pre-pared and published for the sole purpose ofbeing used in connection with systematicinstructional activities.

Article IV

(1) A licence under Article II or Article IIImay be granted only if the applicant, inaccordance with the procedure of the countryconcerned, establishes either that he hasrequested, and has been denied, authorisationby the owner of the right to make and publishthe translation or to reproduce and publish theedition, as the case may be, or that, after duediligence on his part, he was unable to find theowner of the right. At the same time as makingthe request, the applicant shall inform anynational or international information centrereferred to in paragraph (2).

(2) If the owner of the right cannot be found,the applicant for a licence shall send, by regis-

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tered airmail, copies of his application, submit-ted to the authority competent to grant thelicence, to the publisher whose name appearson the work and to any national or inter-national information centre which may havebeen designated, in a notification to that effectdeposited with the Director General, by theGovernment of the country in which the pub-lisher is believed to have his principal place ofbusiness.

(3) The name of the author shall be indicatedon all copies of the translation or reproductionpublished under a licence granted underArticle II or Article III. The title of thework shall appear on all such copies. In thecase of a translation, the original title of thework shall appear in any case on all the saidcopies.

(4) (a) No licence granted under Article II orArticle III shall extend to the export of copies,and any such licence shall be valid only forpublication of the translation or of the repro-duction, as the case may be, in the territory ofthe country in which it has been applied for.

(b) For the purposes of subparagraph (a), thenotion of export shall include the sendingof copies from any territory to the countrywhich, in respect of that territory, has made adeclaration under Article I(5).

(c) Where a governmental or other publicentity of a country which has granted a licenceto make a translation under Article II intoa language other than English, French orSpanish sends copies of a translation publishedunder such licence to another country, suchsending of copies shall not, for the purposes ofsubparagraph(a), be considered to constituteexport if all of the following conditions aremet:

(i) the recipients are individuals who arenationals of the country whose com-petent authority has granted the licence,or organisations grouping suchindividuals;

(ii) the copies are to be used only for the pur-pose of teaching, scholarship or research;

(iii) the sending of the copies and their sub-sequent distribution to recipients is with-out any commercial purpose; and

(iv) the country to which the copies have beensent has agreed with the country whosecompetent authority has granted thelicence to allow the receipt, or distri-bution, or both, and the Director Generalhas been notified of the agreement by theGovernment of the country in which thelicense has been granted.

(5) All copies published under a licencegranted by virtue of Article II or Article IIIshall bear a notice in the appropriate languagestating that the copies are available for distri-bution only in the country or territory towhich the said licence applies.

(6) (a) Due provision shall be made at thenational level to ensure

(i) that the licence provides, in favour of theowner of the right of translation or ofreproduction, as the case may be, for justcompensation that is consistent withstandards of royalties normally operatingon licences freely negotiated between per-sons in the two countries concerned, and

(ii) payment and transmittal of the compensa-tion: should national currency regulationsintervene, the competent authority shallmake all efforts, by the use of internationalmachinery, to ensure transmittal in inter-nationally convertible currency or itsequivalent.

(b) Due provision shall be made by nationallegislation to ensure a correct translation ofthe work, or an accurate reproduction of theparticular edition, as the case may be.

Article V

(1) (a) Any country entitled to make adeclaration that it will avail itself of the facultyprovided for in Article II may, instead, at thetime of ratifying or acceding to this Act:

(i) if it is a country to which Article 30(2)(a)applies, make a declaration under thatprovision as far as the right of translation isconcerned;

(ii) if it is a country to which Article 30(2)(a)does not apply, and even if it is not acountry outside the Union, make a declar-ation as provided for in Article 30(2)(b),first sentence.

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(b) In the case of a country which ceases to beregarded as a developing country as referred toin Article I(1), a declaration made according tothis paragraph shall be effective until the dateon which the period applicable under ArticleI(3) expires.

(c) Any country which has made a declarationaccording to this paragraph may not sub-sequently avail itself of the faculty provided forin Article II even if it withdraws the saiddeclaration.

(2) Subject to paragraph (3), any countrywhich has availed itself of the faculty providedfor in Article II may not subsequently make adeclaration according to paragraph (1).

(3) Any country which has ceased to beregarded as a developing country as referred toin Article I(1) may, not later than two yearsprior to the expiration of the period applicableunder Article I(3), make a declaration to theeffect provided for in Article 30(2)(b), firstsentence, notwithstanding the fact that it is nota country outside the Union. Such declarationshall take effect at the date on which the periodapplicable under Article I(3) expires.

Article VI

(1) Any country of the Union may declare,as from the date of this Act, and at any time

before becoming bound by Articles 1 to 21 andthis Appendix:

(i) if it is a country which, were it bound byArticles 1 to 21 and this Appendix, wouldbe entitled to avail itself of the facultiesreferred to in Article I(1), that it will applythe provisions of Article II or of Article IIIor of both to works whose country oforigin is a country which, pursuant to (ii)below, admits the application of thoseArticles to such works, or which is boundby Articles 1 to 21 and this Appendix;such declaration may, instead of referringto Article II, refer to Article V;

(ii) that it admits the application of thisAppendix to works of which it is thecountry of origin by countries which havemade a declaration under (i) above or anotification under Article I.

(2) Any declaration made under paragraph(1) shall be in writing and shall be depositedwith the Director General. The declarationshall become effective from the date of itsdeposit.

Note: Amendments to articles 22 and 25were adopted by the Berne Assembly at itsmeeting in 2003 but have not yet come intoforce. See further para 16.49 of the principaltext.

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