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Act on the Ratification of the Berne Convention for the Protection of Literary No. 16 of 2012

 Act No. 16 of 2012 Ratifying the Berne Convention for the Protection of Literary

I

N0.22

ACT

REPUBLIQUE

DE

VANUATU

JOURNAL OFFICIEL

02 JUIU£f2012

SONT PUBLIES LES TEXTES SUIVANTS

LOI NO.4 DE 2012 SUR LA CONVENTION PORTANT ETABLISSEMENT DU FORUM DES ILES DU PACIFIQUE (RATIFICATION)

LOI NO.7 DE 2012 SUR LA LUTTE CONTRE LA FRAUDE A L'INVESTISSEMENT (MODIFICATION)

LOI NO. 13 DE 2012 SUR LA CONVENTION INSTITUANT L'ORGANISATION MONDIALE DE LA PROPRIETE INTELLECTUELLE (RATIFICATION)

LOI NO. 16 DE 2012 SUR LA CONVENTION DE BERNE POUR LA PROTECTION DES CEUVRES LITTERAIRES ET ARTISTIQUES (RATIFICATION)

LOI NO. 18 DE 2012 SUR LATAXE SUR LA VALEUR AJOUTEE (MODIFICATION)

LOI NO. 19 DE 2012 SUR LES DROITS DE DOUANE A L'IMPORTATION (CONSOLDATION) (MODIFICATION)

LOI NO. 20 DE 2012 SUR L'ACCISE (MODIFICATION)

LOI NO. 21 DE 2012 SUR LES SOCIETES INTERNATIONALES (MODIFICATION)

REPUBLIC

OF

VANUATU

OFFICIAL GAZETTE

02 JULY 2012

NOTIFICATION OF PUBLICATION

AGREEMENT ESTABLISHING THE PACIFIC ISLANDS FORUM (RATIFICATION) ACT NO.4 OF 2012

PREVENTION OF FRAUD (INVESTMENTS) (AMENDMENT) ACT NO.7 OF 2012

CONVENTION ESTABLISHING THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (RATIFICATION) ACT NO. 13 OF 2012

BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (RATIFICATION) ACT NO. 16 OF 2012

VALUE ADDED TAX (AMENDMENT) ACT NO. 18 OF 2012

IMPORT DUTIES (CONSOLIDATION) (AMENDMENT) ACT NO. 19 OF 2012

EXCISE (AMENDMENT) ACT NO. 20 OF 2012

INTERNATIONAL COMPANIES (AMENDMENT) ACT NO. 21 OF 2012

REPUBLIC OF VANUATU

BERNE CONVENTION FOR THE PROTECTION OF

LITERARY AND ARTISTIC WORKS

(RATIFICATION) ACT N0.16 OF 2012

Arrangement of Sections

1 Ratification .................................................................................................2 2 Commencement..........................................................................................2

Convention for the Protection of Literary andArtistic Works (Ratification) Act No 16 of 2012

REPUBLIC OF VANUATU

Assent: 30/05/2012 Commencement: 02/07/2012

BERNE CONVENTION FOR THE PROTECTION OF

LITERARY AND ARTISTIC WORKS

(RATIFICATION) ACT N0.16 OF 2012

An Act to provide for the ratification of the Berne Convention for the Protection of Literary and Artistic Works.

Be it enacted by the President and Parliament as follows-

1 Ratification The Berne Convention for the Protection of Literary and Artistic Works is ratified.

A copy of the Convention is attached.

2 Commencement This Act comes into force on the day on which it is published in the Gazette.

Berne Convention for the Protection of Literary andArtistic Works (Ratification) Act No 16 of 2012 2

form, have agreed as follows:

literary and artistic works.

relative to geography, topography, architecture or science.

protected as original works without prejudice to the copyright in the original work.

Berne Convention for the Protection of Literary and Artistic Works1

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,

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,

and amended on September 28, 1979

TABLE OF CONTENTS'

The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works,

Recognizing the importance of the work of the Revision Conference held at Stockholm in 1967,

Have resolved to revise the Act adopted by the Stockholm Conference, while maintaining without change Articles 1 to 20 and 22 to 26 of that Act.

Consequently, the undersigned Plenipotentiaries, having presented their full powers, recognized as in good and due

Article 1 Establishment of a Union

The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their

Article 2 Protected Works:

1. "Literary and artistic works"; 2. Possible requirement affixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries ofprotection;

7. Works ofapplied art and industrial designs; 8. News

(1) The expression "literary and artistic works" shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works

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

(3) Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be

7(4)

bisl1l

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

(5) Collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.

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

(7) Subject to the provisions of Article of this Convention, it shall be a matter for legislation in the countries of the Union to determine the extent of the application of their laws to works of applied art and industrial designs and models, as well as the conditions under which such works, designs and models shall be protected. Works protected in the country of origin solely as designs and models shall be entitled in another country of the Union only to such special protection as is granted in that country to designs and models; however, if no such special protection is granted in that country, such works shall be protected as artistic works.

(8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.

Article 2bis Possible Limitation of Protection of Certain Works:

1. Cerlaln speeches; 2. Cerlain uses oflectures and addresses; 3. Right to make collections ofsuch works

(1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part, from the protection provided by the preceding Article political speeches and speeches delivered in the course of legal proceedings.

(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which lectures, addresses and other works of the same nature which are delivered in public may be reproduced by the press, broadcast, communicated to the public by wire and made the subject of public communication as envisaged in Article 1 1 of this Convention, when such use is justified by the informatory purpose.

(3) Nevertheless, the author shall enjoy the exclusive right of making a collection of his works mentioned in the preceding paragraphs.

Article 3 Criteria of Eligibility for Protection:

1. Nationality ofauthor; place ofpublication of work; 2. Residence ofauthor; 3: 11Publlshed" works; 4. {{Simultaneouslypublished" works

(1) The protection of this Convention shall apply to:

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

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

(2) Authors who are not nationals of one of the countries of the Union but who have their habitual residence in one of them shall, for the purposes of this Convention, be assimilated to nationals of that country.

(3) The expression "published works" means works published with the consent of their authors, whatever may be the means of manufacture of the copies, provided that the availability of such copies has been such as to satisfy the

reasonable requirements of the public, having regard to the nature ofthe work. The performance of a dramatic, dramatico musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication.

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

Article 4 Criteria of Eligibility for Protection of Cinematographic Works, Works of Architecture and Certain Artistic

Works

The protection of this Convention shall apply, even if the conditions ofArticle 3 are not fulfilled, to:

(a) authors of cinematographic works the maker of which has his headquarters or habitual residence in one of the countries ofthe Union;

(b) authors of works of architecture erected in a country ofthe Union or of other artistic works incorporated in a building or other structure located in a country of the Union.

Article 5 Rights Guaranteed:

1. and 2. Outside the country oforigin; 3. In the country oforigin; 4. ucountryoforigin"

(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws d o now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.

(2) The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence ofprotection in the country of origin ofthe work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.

(3) Protection in the country of origin is governed by domestic law. However, when the author is not a national of the country of origin of the work for which he is protected under this Convention, he shall enjoy in that country the same rights as national authors.

(4) The country of origin shall be considered to be:

(a) in the case ofworks first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection;

(b) in the case of works published simultaneously in a country outside the Union and in a country ofthe Union, the latter country;

(c) in the case of unpublished works or of works first published in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national, provided that:

(i) when these are cinematographic works the maker of which has his headquarters or his habitual residence in a country of the Union, the country of origin shall be that country, and

(ii) when these are works of architecture erected in a country of the Union or other artistic works incorporated in a building or other structure located in a country ofthe Union, the country of origin shall be that country.

Article 6 Possible Restriction of Protection In Respect of Certain Works of Nationals of Certain Countries Outside the

Union : 1. In the country of the firstpublication and In other countries; 2. No retroactivity; 3. Notice

(1) Where any country outside the Union fails to protect in an adequate manner the works of authors who are nationals of one of the countries of the Union, the latter country may restrict the protection given to the works of authors who are, at the date ofthe first publication thereof, nationals ofthe other country and are not habitually resident in one of the countries of the Union. If the country offirst publication avails itself of this right, the other countries of the Union shall not be required to grant to works thus subjected to special treatment a wider protection than that granted to them in the country of first publication.

(2) No restrictions introduced by virtue of the preceding paragraph shall affect the rights which an author may have acquired in respect of a work published in a country ofthe Union before such restrictions were put into force.

(3) The countries of the Union which restrict the grant of copyright in accordance with this Article shall give notice thereof to the Director General ofthe World Intellectual Property Organization (hereinafter designated as "the Director General") by a written declaration specifying the countries in regard to which protection is restricted, and the restrictions to which rights of authors who are nationals of those countries are subjected. The Director General shall immediately communicate this declaration to all the countries of the Union.

Article 6bls Moral Rights:

1. To claim authorship; to object to cerlaln modifications and other derogatoryactions; 2. After the author's death; 3. Means ofredress

(1) Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.

(2) The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed. However, those countries whose legislation, at the moment of their ratification of or accession to this Act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide that some of these rights may, after his death, cease to be maintained.

(3) The means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of the country where protection is claimed.

Article 7 Term of Protection :

1. Generally; 2. For cinematographic works; 3. Foranonymous and pseudonymous works; 4. Forphotographic works and works ofapplied art; 5. Starting date of computation;

6. Longer terms; 7. Shorterterms; 8. Applicable law; 1'Comparlson11 of terms

(1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.

paragraph (1).

paragraph (1).

paragraphs (2),

If the

@)_ and

(2) However, in the case of cinematographic works, the countries ofthe Union may provide that the term of protection shall expire fifty years after the work has been made available to the public with the consent of the author, or, failing such an event within fifty years from the making ofsuch a work, fifty years after the making.

(3) In the case of anonymous or pseudonymous works, the term of protection granted by this Convention shall expire fifty years after the work has been lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, the term of protection shall be that provided in author of an anonymous or pseudonymous work discloses his identity during the aboveMmentioned period, the term of protection applicable shall be that provided in The countries of the Union shall not be required to protect anonymous or pseudonymous works in respect of which it is reasonable to presume that their author has been dead for fifty years.

(4) It shall be a matter for legislation in the countries of the Union to determine the term of protection of photographic works and that ofworks of applied art in so far as they are protected as artistic works; however, this term shall last at least until the end of a period of twenty-five years from the making of such a work.

(5) The term of protection subsequent to the death of the author and the terms provided by (1) shall run from the date of death or of the event referred to in those paragraphs, but such terms shall always be deemed to begin on the first of January of the year following the death or such event.

(6) The countries of the Union may grant a term of protection in excess of those provided by the preceding paragraphs.

(7) Those countries of the Union bound by the Rome Act of this Convention which grant, in their national legislation in force at the time of signature of the present Act, shorter terms of protection than those provided for in the preceding paragraphs shall have the right to maintain such terms when ratifying or acceding to the present Act.

(8) In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.

Article 7bis Term of Protection for Works of Joint Authorship

The provisions of the preceding Article shall also apply in the case of a work of joint authorship, provided that the terms measured from the death of the author shall be calculated from the death of the last surviving author.

Article 8 Right of Translation

Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works throughout the term of protection of their rights in the original works.

Article 9 Right of Reproduction:

1. Generally; 2. Possible exceptions; 3. Sound and visualrecordings

(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form.

(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.

(3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.

Article 10 Certain Free Uses of Works:

1. Quotations; 2. /lfustrations for teaching; 3. Indication ofsource and author

(1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.

(2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to b e concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice.

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

Article 10bis Further Possible Free Uses ofWorks:

1. Ofcertain articles and broadcast works,· 2. Ofworks seen orheard in connection with current events

(1) It shall be a matter for legislation in the countries of the Union to permit the reproduction by the press, the broadcasting or the communication to the public by wire of articles published in newspapers or periodicals on current economic, political or religious topics, and of broadcast works of the same character, in cases in which the reproduction, broadcasting or such communication thereof is not expressly reseiVed. Nevertheless, the source must always be clearly indicated; the legal consequences of a breach of this obligation shall be determined by the legislation of the country where protection is claimed.

(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which, for the purpose of reporting current events by means of photography, cinematography, broadcasting or communication to the public by wire, literary or artistic works seen or heard in the course of the event may, to the extentjustified by the informatory purpose, be reproduced and made available to the public.

Article 11 Certain Rights in Dramatic and Musical Works:

1. Right ofpublic performance and ofcommunication to the public ofa performance; 2. In respect oftranslations

(1) Authors of dramatic, dramatico-musical and musical works shall enjoy the exclusive right of authorizing:

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

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

paragraph (1l

(2) Authors of dramatic or dramatico-musical works shall enjoy, during the full term of their rights in the original works, the same rights with respect to translations thereof.

Article 1 1bls Broadcasting and Related Rights:

1. Broadcasting and other wireless communicationsJ public communication ofbroadcastby wire or rebroadcast,

public communication ofbroadcast by loudspeaker oranalogous Instruments; 2. Compulsory licenses; 3. Recording; ephemeral recordings

(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:

(i) the broadcasting of their works or the communication thereof to the public by any other means of wireless diffusion of signs, sounds or images;

(ii) any communication to the public by wire or by rebroadcasting of the broadcast of the work, when this communication is made by an organization other than the original one;

(iii) the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.

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

of this Article(3) In the absence of any contrary stipulation, permission granted in accordance with shall not imply permission to record, by means of instruments recording sounds or images, the work broadcast. It shall, however, be a matter for legislation in the countries of the Union to determine the regulations for ephemeral recordings made by a broadcasting organization by means of its own facilities and used for its own broadcasts. The preservation ofthese recordings in official archives may, on the ground of their exceptional documentary character, be authorized by such legislation.

Article 11ter Certain Rights In Literary Works:

1. Right ofpublic recitation and ofcommunication to thepublic ofa recitation; 2. In respect oftranslations

(1) Authors of literary works shall enjoy the exclusive right of authorizing:

(i} the public recitation of their works, including such public recitation by any means or process;

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

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

Article 12 Right of Adaptation, Arrangement and Other Alteration

paragraphs 11)

1311l

Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations of their works.

Article 13 Possible Limitation of the Right of Recording of Musical Works and Any Words Pertaining Thereto:

1. Compulsory licenses; 2. Transitorymeasures; 3. Seizure on Importation of copies made without the author's permission

(1) Each country of the Union may impose for itself reservations and conditions on the exclusive right granted to the author of a musical work and to the author of any words, the recording of which together with the musical work has already been authorized by the latter, to authorize the sound recording of that musical work, together with such words, if any; but all such reservations and conditions shall apply only in the countries which have imposed them and shall not, in any circumstances, be prejudicial to the rights of these authors to obtain equitable remuneration which, in the absence of agreement, shall be fixed by competent authority.

(2) Recordings of musical works made in a country of the Union in accordance with Article 1 3(3) of the Conventions signed at Rome on June 2, 1928, and at Brussels on June 26, 1 948, may be reproduced in that country without the permission of the author ofthe musical work until a date two years after that country becomes bound by this Act.

(3) Recordings made in accordancewith and 0 of this Article and imported without permission from the parties concerned into a country where they are treated as infringing recordings shall be liable to seizure.

Article 14 Cinematographic and Related Rights:

1. Cinematographic adaptation and reproduction; distribution,· public petformance andpublic communication by wire ofworks thus adapted or reproduced;

2. Adaptation ofcinematographic productions; 3. No compulsory licenses

(1) Authors of literary or artistic works shall have the exclusive right of authorizing:

(i) the cinematographic adaptation and reproduction of these works, and the distribution of the works thus adapted or reproduced;

(ii) the public performance and communication to the public by wire of the works thus adapted or reproduced.

(2) The adaptation into any other artistic form of a cinematographic production derived from literary or artisticworks shall, without prejudice to the authorization of the author of the cinematographic production, remain subject to the authorization ofthe authors of the original works.

(3) The provisions of Article shall not apply.

Article 14b/s Special Provisions Concerning Cinematographic Works:

1. Assimilation to "original" works; 2. Ownership; limitation ofcertain rights of cerlain contributors; 3. Certain other contributors

(1) Without prejudice to the copyright in any work which may have been adapted or reproduced, a cinematographic work shall be protected as an original work. The owner of copyright in a cinematographic work shall enjoy the same rights as the author of an original work, including the rights referred to in the preceding Article.

subparagraph (b),

paragraph (2\(b)

paragraph (2\(b)

(2)

(a) Ownership of copyright in a cinematographic work shall be a matter for legislation in the country where protection is claimed.

(b) However, in the countries of the Union which, by legislation, include among the owners of copyright in a cinematographic work authors who have brought contributions to the making of the work, such authors, if they have undertaken to bring such contributions, may not, in the absence of any contrary or special stipulation, object to the reproduction, distribution, public performance, communication to the public by wire, broadcasting or any other communication to the public, or to the subtitling or dubbing of texts, of the work.

(c) The question whether or not the form of the undertaking referred to above should, for the application of the preceding be in a written agreement or a written act of the same effect shall be a matter for the legislation ofthe country where the maker ofthe cinematographic work has his headquarters or habitual residence. However, it shall be a matterfor the legislation of the country of the Union where protection is claimed to provide that the said undertaking shall be in a written agreement or a written act of the same effect. The countries whose legislation so provides shall notify the Director General by means of a written declaration, which will be immediately communicated by him to all the other countries of the Union.

(d) By "contrary or special stipulation" is meant any restrictive condition which is relevant to the aforesaid undertaking.

(3) Unless the national legislation provides to the contrary, the provisions of above shall not be applicable to authors of scenarios, dialogues and musical works created forthe making of the cinematographic work, or to the principal director thereof. However, those countries of the Union whose legislation does not contain rules providing for the application of the said to such director shall notify the Director General by means of a written declaration, which will be immediately communicated by him to all the other countries of the Union.

Article 14ter "Droit de suite" in Works of Art and Manuscripts:

1. Right to an interest in resales; 2. Applicable law; 3. Procedure

(1) The author, or after his death the persons or institutions authorized by national legislation, shall, with respect to original works of art and original manuscripts of writers and composers, enjoy the inalienable right to an interest in any sale ofthe work subsequent to the first transfer by the author ofthe work.

(2) The protection provided by the preceding paragraph may be claimed in a country of the Union only if legislation in the country to which the author belongs so permits, and to the extent permitted by the country where this protection is claimed.

(3) The procedure for collection and the amounts shall be matters for determination by national legislation.

Article 15 Right to Enforce Protected Rights:

1. Where author's name is indicated or where pseudonym leaves no doubt as to author's identity; 2. In the case of cinematographic works; 3. In the case ofanonymous andpseudonymous works;

4. In the case ofcertain unpublished works of unknown authorship

(1) In order that the author of a literary or artistic work protected by this Convention shall, in the absence of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the usual manner. This paragraph shall be applicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his identity.

paragraph 11l

(2) The person or body corporate whose name appears on a cinematographic work in the usual manner shall, in the absence of proofto the contrary, be presumed to be the maker ofthe said work.

(3) In the case of anonymous and pseudonymous works, other than those referred to in above, the publisher whose name appears on the work shall, in the absence of proof to the contrary, be deemed to represent the author, and in this capacity he shall be entitled to protect and enforce the author's rights. The provisions of this paragraph shall cease to apply when the author reveals his identity and establishes his claim to authorship of the work.

(4)

(a) In the case of unpublished works where the identity of the author is unknown, but where there is every ground to presume that he is a national of a country of the Union, it shall be a matter for legislation in that country to designate the competent authority which shall represent the author and shall be entitled to protect and enforce his rights in the countries of the Union.

(b) Countries of the Union which make such designation under the terms ofthis provision shall notify the Director General by means of a written declaration giving full information concerning the authority thus designated. The Director General shall at once communicate this declaration to all other countries of the Union.

Article 1 6 Infringing Copies:

1. Seizure; 2. Seizure on importation; 3. Applicable law

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

(2) The provisions of the preceding paragraph shall also apply to reproductions coming from a country where the work is not protected, or has ceased to be protected.

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

Article 17 Possibility of Control of Circulation, Presentation and Exhibition of Works

The provisions of this Convention cannot in any way affect the right of the Government of each country of the Union to permit, to control, or to prohibit, by legislation or regulation, the circulation, presentation, or exhibition of any work or production in regard to which the competent authority may find it necessary to exercise that right.

Article 18 Works Existing on Convention's Entry Into Force:

1. Protectable where protection notyetexpired In country of origin; 2. Non..protectable where protection already expired In country where it Is claimed;

3. Application of these principles; 4. Special cases

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

(2) If, however, through the expiry of the term of protection which was previously granted, a work has fallen into the public domain ofthe country where protection is claimed, that work shall not be protected anew.

28(1)(b),

(1)

(3) The application of this principle shall be subject to any provisions contained in special conventions to that effect existing or to be concluded between countries of the Union. In the absence of such provisions, the respective countries shall determine, each in so far as it is concerned, the conditions of application of this principle.

(4) The preceding provisions shall also apply in the case of new accessions to the Union and to cases in which protection is extended by the application of Article 7 or bythe abandonment of reservations.

Article 1 9 Protection Greater than Resulting from Convention

The provisions of this Convention shall not preclude the making of a claim to the benefit of any greater protection which may be granted by legislation in a country ofthe Union.

Article 20 Special Agreements Among Countries ofthe Union

The Governments of the countries of the Union reserve the right to enter into special agreements among themselves, in so far as such agreements grant to authors more extensive rights than those granted by the Convention, or contain otherprovisions not contrary to this Convention. The provisions ofexisting agreements which satisfy these conditions shall remain applicable.

Article 21 Special Provisions Regarding Developing Countries:

1. Reference to Appendix; 2. Appendix part ofAct

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

(2) Subject to the provisions of Article the Appendix forms an integral part of this Act.

Article 22 Assembly:

1. Constitution andcomposition; 2. Tasks; 3. Quorum, voting, obsetvers; 4. Convocat;on; 5. Rules ofprocedure

(a) The Union shall have an Assembly consisting ofthose countries of the Union which are bound by Articles 22 to 26.

(b) The Government of each country shall be represented by one delegate, who may be assisted by alternate delegates, advisors, and experts.

(c) The expenses of each delegation shall be borne by the Government which has appointed it.

(2)

(a) The Assembly shall:

Artjcles 26;

Articles 26;

subparagraph fbl,

26(2),

22 to

(i) deal with all matters concerning the maintenance and development of the Union and the implementation of this Convention;

(ii) give directions concerning the preparation for conferences of revision to the International Bureau of Intellectual Property (hereinafter designated as "the International Bureau") referred to in the Convention Establishing the World Intellectual Property Organization (hereinafter designated as "the Organization"), due account being taken of any comments made by those countries ofthe Union which are not bound by

(iii) review and approve the reports and activities of the Director General of the Organization concerning the Union, and give him all necessary instructions concerning matters within the competence ofthe Union;

(iv) elect the members of the Executive Committee of the Assembly;

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

(vi) determine the program and adopt the biennial budget of the Union, and approve its final accounts;

(vii) adopt the financial regulations of the Union;

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

(ix) determine which countries not members of the Union and which intergovernmental and international non­ governmental organizations shall be admitted to its meetings as obse!Vers;

(x) adopt amendments to 22 to

(xi) take any other appropriate action designed to further the objectives ofthe Union;

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

(xiii) subject to its acceptance, exercise such rights as are given to it in the Convention establishing the Organization.

(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization.

(3)

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

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

(c) Notwithstanding the provisions of if, in any session, the number of countries represented is less than one-half but equal to or more than one-third of the countries members of the Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own procedure, all such decisions shall take effect only if the following conditions are fulfilled. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented and shall invite them to express in writing their vote o r abstention within a period of three months from the date of the communication. If, at the expiration of this period, the number of countries having thus expressed their vote or abstention attains the number of countries which was lacking for attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the required majority still obtains.

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

(e) Abstentions shall not be considered as votes.

25(7l(b),

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

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

(4)

(a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly ofthe Organization.

(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of the Executive Committee or at the request ofone-fourth of the countries members of the Assembly.

(5) The Assembly shall adopt its own rules of procedure.

Article 23 Executive Committee:

1. Constitution; 2. Composition; 3. Number ofmembers; 4. Geographical distribution; special agreements; 5. Term, limits ofre-e/igibility, rules ofelection; 6. Tasks;

7. Convocation; 8. Quorum, voting; 9. Observers; 10. Rules ofprocedure

(1) The Assembly shall have an Executive Committee.

(2)

(a) The Executive Committee shall consist of countries elected by the Assembly from among countries members of the Assembly. Furthermore, the country on whose territory the Organization has its headquarters shall, subject to the provisions ofArticle have an ex officio seat on the Committee.

(b) The Government of each country member of the Executive Committee shall be represen.ted by one delegate, who may be assisted by alternate delegates, advisors, and experts.

(c) The expenses of each delegation shall be borne by the Government which has appointed it.

(3) The number of countries members of the Executive Committee shall correspond to one-fourth of the number of countries members of the Assembly. In establishing the number of seats to be filled, remainders after division by four shall be disregarded.

(4) In electing the members of the Executive Committee, the Assembly shall have due regard to an equitable geographical distribution and to the need for countries party to the Special Agreements which might be established in relation with the Union to be among the countries constituting the Executive Committee.

(5)

(a) Each member of the Executive Committee shall serve from the close of the session of the Assembly which elected it to the close of the next ordinary session of the Assembly.

(b) Members of the Executive Committee may be re-elected, but not more than two-thirds of them.

(c) The Assembly shall establish the details of the rules governing the election and possible re-election of the members of the Executive Committee.

(6)

(a) The Executive Committee shall:

(i) prepare the draft agenda of the Assembly;

(ii) submit proposals to the Assembly respecting the draft program and biennial budget of the Union prepared by the Director General;

(iii) [deleted]

(iv) submit, with appropriate comments, to the Assembly the periodical reports of the Director General and the yearly audit reports on the accounts;

(v) in accordance with the decisions of the Assembly and having regard to circumstances arising between two ordinary sessions of the Assembly, take all necessary measures to ensure the execution of the program of the Union by the Director General;

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

(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Executive Committee shall make its decisions after having heard the advice of the Coordination Committee ofthe Organization.

(7)

(a) The Executive Committee shall meet once a year in ordinary session upon convocation by the Director General, preferably during the same period and at the same place as the Coordination Committee of the Organization.

(b) The Executive Committee shall meet in extraordinary session upon convocation by the Director General, either on his own initiative, or at the request of its Chairman or one fourth of its members.

(8)

(a) Each country member of the Executive Committee shall have one vote.

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

(c) Decisions shall be made by a simple majority of the votes cast.

(d) Abstentions shall not be considered as votes.

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

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

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

Article 24 International Bureau:

1. Tasks In general, Director General; 2. General information; 3. Periodical; 4. Information to countries; 5. Studies and services; 6. Participation in meetings;

7. Conferences of revision; B. Other tasks

(1)

(7)

(a) The administrative tasks with respect to the Union shall be performed by the International Bureau, which is a continuation of the Bureau of the Union united with the Bureau ofthe Union established by the International Convention for the Protection of Industrial Property.

(b) In particular, the International Bureau shall provide the secretariat of the various organs of the Union.

(c) The Director General of the Organization shall be the chief executive ofthe Union and shall represent the Union.

(2) The International Bureau shall assemble and publish information concerning the protection ofcopyright. Each country of the Union shall promptly communicate to the International Bureau all new laws and official texts concerning the protection of copyright.

(3) The International Bureau shall publish a monthly periodical.

(4) The International Bureau shall, on request, furnish information to any country of the Union on matters concerning the protection of copyright.

(5) The International Bureau shall conduct studies, and shall provide services, designed to facilitate the protection of copyright.

(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings ofthe Assembly, the Executive Committee and any other committee ofexperts or working group. The Director General, or a staff member designated by him, shall be ex officio secretary of these bodies.

(a) The International Bureau shall, in accordance with the directions of the Assembly and in cooperation with the Executive Committee, make the preparations for the conferences of revision of the provisions of the Convention other than Articles 22 to 26.

(b) The International Bureau may consult with intergovernmental and international non-governmental organizations concerning preparations for conferences of revision.

(c) The Director General and persons designated by him shall take part, without the right to vote, in the discussions at these conferences.

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

Article 25 Finances:

1. Budget,· 2. Coordination with other Unions; 3. Resources; 4. Contributions; possible extension ofprevious budget; 6. Fees and charges;

6. Working capital fund; 7. Advances by host Government; 8. Auditing ofaccounts

(1)

(a) The Union shall have a budget.

(b) The budget of the Union shall include the income and expenses proper to the Union, its contribution to the budget of expenses common to the Unions, and, where applicable, the sum made available to the budget of the Conference of the Organization.

(c) Expenses not attributable exclusively to the Union but also to one or more other Unions administered by the Organization shall be considered as expenses common tothe Unions. The share ofthe Union in such common expenses shall be in proportion to the interest the Union has in them.

(2) The budget of the Union shall be established with due regard to the requirements of coordination with the budgets of the other Unions administered by the Organization.

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

(i) contributions of the countries of the Union;

(ii) fees and charges due for services performed by the International Bureau in relation to the Union;

(iii) sale of, or royalties on, the publications of the International Bureau concerning the Union;

(iv) gifts, bequests, and subventions;

(v) rents, interests, and other miscellaneous income.

(4)

(a) For the purpose of establishing its contribution towards the budget, each country of the Union shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as followsf:

Class I . . .... ... ............. 25

Class II . . . . . . . . . . . . ....... .. 20

Class Ill . . . . 1 5................

Class IV . . ... ... . .. .. ... .. 10..

Class V .. . . .. .. . .. . ........... 5

Class VI ...................... 3

Class VII . . . . . ....... .. ..... 1. .

(b) Unless it has already done so, each country shall indicate, concurrently with depositing its instrument of ratification or accession, the class to which it wishes to belong. Any country may change class. If it chooses a lower class, the country must announce it to the Assembly at one of its ordinary sessions. Any such change shall take effect at the beginning of the calendar year following the session.

(c) The annual contribution of each country shall be an amount in the same proportion to the total sum to be contributed to the annual budget of the Union by all countries as the number of its units is to the total of the units of all contributing countries.

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

(e) A country which is in arrears in the payment of its contributions shall have no vote in any of the organs of the Union ofwhich it is a member if the amount of its arrears equals or exceeds the amount ofthe contributions due from it for the preceding two full years. However, any organ of the Union may allow such a country to continue to exercise

subparagraph <a>

paragraph (1) 22,

paragraph (11

its vote in that organ if, and as long as, it is satisfied that the delay in payment is due to exceptional and unavoidable circumstances.

m If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget ofthe previous year, in accordance with the financial regulations.

(5) The amount of the fees and charges due for services rendered by the International Bureau in relation to the Union shall be established, and shall be reported to the Assembly and the Executive Committee, by the Director General.

(6)

(a) The Union shall have a working capital fund which shall be constituted by a single payment made by each country of the Union. If the fund becomes insufficient, an increase shall be decided by the Assembly.

(b) The amount of the initial payment of each country to the said fund or of its participation in the increase thereof shall be a proportion of the contribution of that country for the year in which the fund is established or the increase decided.

(c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the Director General and after it has heard the advice of the Coordination Committee of the Organization.

(7)

(a) In the headquarters agreement concluded with the country on the territory of which the Organization has its headquarters, it shall be provided that, whenever the working capital fund is insufficient, such country shall grant advances. The amount ofthese advances and the conditions on which they are granted shall be the subject of separate agreements, in each case, between such country and the Organization. As long as it remains under the obligation to grant advances, such country shall have an ex officio seat on the Executive Committee.

(b) The country referred to in and the Organization shall each have the right to denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years after the end of the year in which it has been notified.

(8) The auditing of the accounts shall be effected by one or more of the co ntries ofthe Union or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly.

Article 26 Amendments:

1. Provisions susceptible ofamendmentbythe Assembly; proposals; 2. Adopt/an; 3. EntryInto force

(1) Proposals for the amendment of Articles 22, 23, 24, 25, and the present Article, may be initiated by any country member of the Assembly, by the Executive Committee, or by the Director General. Such proposals shall be communicated by the Director General to the member countries of the Assembly at least six months in advance of their consideration by the Assembly.

(2) Amendments to the Articles referred to in shall be adopted by the Assembly. Adoption shall require three-fourths of the votes cast, provided that any amendment ofArticle and of the present paragraph, shall require four-fifths ofthe votes cast.

(3) Any amendment to the Articles referred to in shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the countries members of the Assembly at the time it adopted the amendment. Any amendment to the said Articles thus accepted shall bind all the countries which are members of the Assembly at the time the amendment enters into force, or which become members thereof at a subsequent date,

Appendix;

Appendix, Vll1l

subparagraph (b).

Appendix

paragraph (1\(b),

subparagraph tal

paragraph <1)(b).

subparagraph (b) paragraph (1)(bl. Appendix

(1)

provided that any amendment increasing the financial obligations of countries of the Union shall bind only those countries which have notified their acceptance of such amendment.

Article 27 Revision:

1. Objective; 2. Conferences; 3. Adoption

(1) This Convention shall be submitted to revision with a view to the introduction of amendments designed to improve the system of the Union.

(2) For this purpose, conferences shall be held successively in one of the countries of the Union among the delegates of the said countries.

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

Article 28 Acceptance and Entry Into Force of Act for Countries of the Union:

1. Ratification. accession; possibility ofexcluding cerlain provisions; withdrawal ofexclusion; 2. Entry Into force ofArticles 1 to 21 and 3. Entry into force ofArticles 22 to 38

(a) Any country of the Union which has signed this Act may ratify il, and, if it has not signed it, may accede to it. Instruments of ratification or accession shall be deposited with the Director General.

(b) Any country of the Union may declare in its instrument of ratification or accession that its ratification or accession shall not apply to Articles 1 to 21 and the provided that, if such country has previously made a declaration under Article ofthe Appendix, then it may declare in the said instrument only that its ratification or accession shall not apply to Articles 1 to 20.

(c) Any country of the Union which, in accordance with has excluded provisions therein referred to from the effects of its ratification or accession may at any later time declare that it extends the effects of its ratification or accession to those provisions. Such declaration shall be deposited with the Director General.

(2)

(a) Articles 1 to 21 and the shall enter into force three months after both of the following two conditions are fulfilled:

(i) at least five countries of the Union have ratified or acceded to this Act without making a declaration under

(ii) France, Spain, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, have become bound by the Universal Copyright Convention as revised at Paris on July 24, 1 971 .

(b) The entry into force referred to in shall apply to those countries of the Union which, at least three months before the said entry into force, have deposited instruments of ratification or accession not containing a declaration under

(c) With respect to any country of the Union not covered by and which ratifies or accedes to this Act without making a declaration under Articles 1 to 21 and the shall enter into force three

Articles Appendix

subparagraphs (a) <cl

paragraph (1)(bl,

subparagraph (bl,

subparagraph (a) Appendix 28(2)(al.

Appendix,

14(2)

14(2) establishing Organization, 28(1)(b)(i)

paragraph (2) 28(1l(bl, 33(2).

(3) With respect to any country of the Union which ratifies or accedes to this Act with or without a declaration made under Articles 22 to 38 shall enter into force three months after the date on which the Director

or accession, unless a subsequent date has been indicated in the instrument deposited. In the latter case, 1 to 21 and the shall enter into force with respect to that country on the date thus indicated.

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

months after the date on which the Director General has notified the deposit of the relevant instrument of ratification

General has notified the deposit of the relevant instrument of ratification or accession, unless a subsequent date has been indicated in the instrument deposited. In the latter case, Articles 22 to 38 shall enter into force with respect to that country on the date thus indicated.

Article 29 Acceptance and Entry Into Force for Countries Outside the Union:

1. Accession; 2. Entry Into force

(1) Any country outside the Union may accede to this Act and thereby become party to this Convention and a member of the Union. Instruments of accession shall be deposited with the Director General.

(2)

(a) Subject to this Convention shall enter into force with respect to any country outside the Union three months after the date on which the Director General has notified the deposit of its instrument of accession, unless a subsequent date has been indicated in the instrument deposited. In the latter case, this Convention shall enter into force with respect to that country on the date thus indicated.

(b) If the entry into force according to precedes the entry into force of Articles 1 to 21 and the according toArticle the said country shall, in the meantime, be bound, instead of by Articles 1 to

21 and the by Articles 1 to 20 of the Brussels Act of this Convention.

Article 29b/s Effect of Acceptance of Act for the Purposes of Article of the WIPO Convention

Ratification of or accession to this Act by any country not bound by Articles 22 to of the Stockholm Act of this Convention shall, for thesole purposes ofArticle of the Convention the amount to ratification of or accession to the said Stockholm Act with the limitation set forth in Article thereof.

(1) Subject to the exceptions permitted by of this Article, by Article by Article and by the Appendix, ratification or accession shall automatically entail acceptance of all the provisions and admission to all the

Article 30 Reservations:

1. Limits ofpossibility ofmaking reservations; 2. Earlier resetvations; reservation as to the right oftranslation; withdrawal of reservation

advantages of this Convention.

(2)

Vf2l

V(2)

1 886,

1(6)(b)

paragraph f1l

paragraph (2)

paragraph <1 l.

paragraph (3),

28(1lfbl.

(3)

(a) Any country of the Union ratifying or acceding to this Act may, subject toArticle of the Appendix, retain the benefit ofthe reservations it has previously formulated on condition that it makes a declaration to that effect at the time ofthe deposit of its instrument of ratification or accession.

(b) Any country outside the Union may declare, in acceding to this Convention and subject to Article of the Appendix, that it intends to substitute, temporarily at least, for Article 8 ofthis Act concerning the right oftranslation, the provisions ofArticle 5 of the Union Convention of as completed at Paris in 1896, on the clear understanding that the said provisions are applicable only to translations into a language in general use in the said country. Subject to Article of the Appendix, any country has the right to apply, in relation to the right of translation of works whose country of origin is a country availing itself of such a reservation, a protection which is equivalent to the protection granted by the latter country.

(c) Any country may withdraw such reservations at any time by notification addressed to the Director General.

Article 31 Applicability to Certa in Territories:

1. Declaration; 2. Withdrawal ofdeclaration; 3. Effective date; 4. Acceptance offactua/ situations not implied

(1) Any country may declare in its instrument of ratification or accession, or may inform the Director General by written notification at any time thereafter, that this Convention shall be applicable to all or part of those territories, designated in the declaration or notification, for the external relations ofwhich it is responsible.

(2) Any country which has made such a declaration or given such a notification may, at any time, notify the Director General that this Convention shall cease to be applicable to all or part of such territories.

(a) Any declaration made under shall take effect on the same date as the ratification or accession in which it was included, and any notification given under that paragraph shall take effect three months after its notification by the Director General.

(b) Any notification given under shall take effect twelve months after its receipt by the Director General.

(4) This Article shall in no way be understood as implying the recognition or tacit acceptance by a country of the Union ofthe factual situation concerning a territory to which this Convention is made applicable by another country of the Union by virtue of a declaration under

Article 32 Applicability of this Act and of Earl ier Acts:

1. As between c ountries already members ofthe Union; 2. As between a country becoming a member ofthe Union and other countries members of the Union;

3. Applicability ofthe Appendix in Certain Relations

(1) This Act shall, as regards relations between the countries of the Union, and to the extent that it applies, replace the Berne Convention of September 9, 1886, and the subsequent Acts of revision. The Acts previously in force shall continue to be applicable, in their entirety or to the extent that this Act does not replace them by virtue of the preceding sentence, in relations with countries of the Union which do not ratify or accede to this Act.

(2) Countries outside the Union which become party to this Act shall, subject to apply it with respect to any country of the Union not bound by this Act or which, although bound by this Act, has made a declaration pursuant to Article Such countries recognize that the said country of the Union, in its relations with them:

1(6)

paragraph (1). paragraph (1)

paragraph (2\

Appendix

Appendix

(i) may apply the provisions of the most recentAct by which it is bound, and

(ii) subject to Article of the Appendix, has the right to adapt the protection to the level provided for by this Act.

(3) Any country which has availed itselfof any of the faculties provided for in the Appendix may apply the provisions of the Appendix relating to the faculty orfaculties of which it has availed itself in its relations with any other country of the Union which is not bound by this Act, provided that the latter country has accepted the application of the said provisions.

Article 33 Disputes:

1. Jurisdiction ofthe International Court ofJustice; 2. Reservation as to suchjurisdiction; 3. Withdrawal ofreservation

(1) Any dispute between two or more countries of the Union concerning the interpretation or application of this Convention, not settled by negotiation, may, by any one ofthe countries concerned, be brought before the International Court of Justice by application in conformity with the Statute of the Court, unless the countries concerned agree on some other method of settlement. The country bringing the dispute before the Court shall inform the International Bureau; the International Bureau shall bring the matter to the attention of the other countries of the Union.

(2) Each country may, at the time it signs this Act or deposits its instrument of ratification or accession, declare that it

may, at any time, withdraw its declaration by notification addressed to the Director General.

does not consider itself bound by the provisions of With regard to any dispute between such country and any other country of the Union, the provisions of shall not apply.

(3) Any country having made a declaration in accordance with the provisions of

Article 34 Closing of Certain Earlier Provisions:

1. OfearlierActs; 2. Ofthe Protocol to the Stockholm Act

(1) Subject to Article 29bis, no country may ratify or accede to earlier Acts of this Convention once Articles 1 to 21

have entered into force, no country may make a declaration under Article 5 of the Protocol Regarding Developing Countries attached to the Stockholm Act.

Article 35 Duration of the Convention; Denunciation:

1. Unlimited duration; 2. Possibility ofdenunciation; 3. Effective date ofdenunciation; 4. Moratorium on denunciation

(1) This Convention shall remain in force without limitation as to time.

(2) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall constitute also denunciation of all earlier Acts and shall affect only the country making it, the Convention remaining in full force and effect as regards the other countries ofthe Union.

(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.

and the have entered into force.

(2) Once Articles 1 to 21 and the

paragraph (2),

paragraph (1)(a)

28(1l(cl, 3012lfal 3312), 30(2lfcl, 33(3), 38(1),

Articles

(4) The right of denunciation provided by this Article shall not be exercised by any country before the expiration of five years from the date upon which it becomes a member of the Union.

Article 36 Application of the Convention:

1. Obligation to adopt the necessary measures; 2. Time from which obligation exists

(1) Any country party to this Convention undertakes to adopt, in accordance with its constitution, the measures necessary to ensure the application of this Convention.

(2) It is understood that, at the time a country becomes bound by this Convention, it will be in a position under its domestic law to give effect to the provisions of this Convention.

Article 37 Final Clauses:

1. Languages ofthe Act; 2. Signature; 3. Certified copies; 4. Registration; 5. Notifications

(1)

(a) This Act shall be signed in a single copy in the French and English languages and, subject to shall be deposited with the Director General.

(b) Official texts shall be established by the Director General, after consultation with the interested Governments, in the Arabic, German, Italian, Portuguese and Spanish languages, and such other languages as the Assembly may designate.

(c) In case of differences of opinion on the interpretation of the various texts, the French text shall prevail.

(2) This Act shall remain open for signature until January 31, 1 972. Until that date, the copy referred to in shall be deposited with the Government of the French Republic.

(3) The Director General shall certify and transmit two copies of the signed text of this Act to the Governments of all countries of the Union and, on request, to the Government of any other country.

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

(5) The DirectorGeneral shall notify the Governments of all countries of the Union of signatures, deposits of instruments of ratification or accession and any declarations included in such instruments or made pursuant to

and .(Ql, and entry into force of any provisions of this Act, notifications of denunciation, and notifications pursuant to Articles Qll1l and 0. and as well as the Appendix.

Article 38 Transitory Provisions:

1. Exercise ofthe 1tfive-yearprivlfege11; 2. Bureau of the Union, Director ofthe Bureau; 3. Succession ofBureau of the Union

(1) Countries of the Union which have not ratified or acceded to this Act and which are not bound by Articles 22 to 26 of the Stockholm Act of this Convention may, until April 26, 1975, exercise, if they so desire, the rights provided under the said Articles as if they were bound by them. Any country desiring to exercise such rights shall give written

V(1)(c), Article

I I , V!1)(a).

paragraph <1) 28(2)

paragraph (1) 28(2)

subparagraph (a).

paragraph (1) paragraph (2),

paragraph (1)

paragraph <1>

(1) paragraph <1 ),

notification to this effect to the Director General; this notification shall be effective on the date of its receipt. Such countries shall be deemed to be members of the Assembly until the said date.

(2) As long as all the countries of the Union have not become Members of the Organization, the International Bureau ofthe Organization shall also function as the Bureau of the Union, and the Director General as the Director of the said Bureau.

(3) Once all the countries of the Union have become Members ofthe Organization, the rights, obligations, and property, of the Bureau of the Union shall devolve on the International Bureau of the Organization.

APPENDIX SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES

Article I Faculties Open to Developing Countries:

1. Avallabllfty ofcertain faculties; declaration; 2. Duration ofeffect ofdeclaration; 3. Cessation of developing country status; 4. Existing stocks ofcopies;

5. Declarations concerning certain territories; 6. Limits ofreciprocity

(1) Any country regarded as a developing country in conformity with the established practice of the General Assembly of the United Nations which ratifies or accedes to this Act, of which this Appendix forms an integral part, and which, having regard to its economic situation and its social or cultural needs, does not consider itself immediately in a position to make provision for the protection of all the rights as provided for in this Act, may, by a notification deposited with the Director General at the time of depositing its instrument of ratification or accession or, subject to Article at any time thereafter, declare that it will avail itself of the faculty provided for in Article I I , or of the faculty provided for in Il l , or of both of those faculties. It may, instead of availing itself of the faculty provided for in Article make a declaration according to Article

(2)

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

(b) Any declaration under notified after the expiration ofthe period of ten years from the entry into force of Articles 1 to 21 and this Appendix according to Article shall be effective until the expiration of the ten-year period then running. Any such declaration may be renewed as provided for in the second sentence of

(3) Any country of the Union which has ceased to be regarded as a developing country as referred to in shall no longer be entitled to renew its declaration as provided in and, whether or not it formally withdraws ils declaration, such country shall be precluded from availing itself of the faculties referred to in

from the expiration of the ten-year period then running or from the expiration of a period ofthree years after it has ceased to be regarded as a developing country, whichever period expires later.

(4) Where, at the time when the declaration made under or @ ceases to be effective, there are copies in stock which were made under a license granted by virtue of this Appendix, such copies may continue to be distributed until their stock is exhausted.

(5) Any country which is bound by the provisions of this Act and which has deposited a declaration or a notification in accordance with Article 31 with respect to the application of this Act to a particular territory, the situation of which can be regarded as analogous to that of the countries referred to in may, in respect of such territory,

paragraph {1 > paragraph <2>.

paragraph 111

30(2)(bl. 1<3>

V<1><a>.

paragraph (3).

paragraph (2Hal.

paragraph (1l

paragraph (2l(al

(6)

make the declaration referred to in and the notification of renewal referred to in as such declaration or notification remains in effect, the provisions ofthis Appendix shall be applicable to the territory in respect of which it was made.

(a) The fact that a country avails itself of any of the faculties referred to in does not permit another country to give less protection to works ofwhich the country oforigin is the former country than it is obliged to grant under Articles 1 to 20.

(b) The right to apply reciprocal treatment provided for in Article second sentence, shall not, until the date on which the period applicable under Article expires, be exercised in respect of works the country of origin of which is a country which has made a declaration according to Article

As long

Article II Limitations on the Right of Translation:

1. Licenses grantable by competent authority; 2. to 4. Conditions allowing the grant ofsuch licenses; 5. Purposes for which licenses may be granted; 6. Termination of licenses; 7. Works composed mainly of

Illustrations; 8. Works withdrawn from circulation; 9. Licenses for broadcasting organizations

(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall be entitled, so far as works published in printed or analogous forms of reproduction are concerned, to substitute for the exclusive

or with his authorization, any national of such country may obtain a license to make a translation of the work in the said language and publish the translation in printed or analogous forms of reproduction.

(b) A license under the conditions provided for in this Article may also be granted if all the editions of the translation published in the language concerned are out ofprint.

(3)

(a) In the case oftranslations into a language which is not in general use in one or more developed countries which

right of translation provided for in Article 8 a system of non-exclusive and non-transferable licenses, granted by the competent authority under the following conditions and subject to Article IV.

(2)

(a) Subject to if, after the expiration of a period of three years, or of any longer period determined by the national legislation of the said country, commencing on the date of the first publication of the work, a translation of such work has not been published in a language in general use in that country by the owner of the right of translation,

are members of the Union, a period of one year shall be substituted for the period of three years referred to in

(b) Any country referred to in may, with the unanimous agreement of the developed countries which are members of the Union and in which the same language is in general use, substitute, in the case of translations into that language, for the period of three years referred to in a shorter period as determined by such agreement but not tess than one year. However, the provisions of the foregoing sentence shall not apply where the language in question is English, French or Spanish. The Director General shall be notified of any such agreement by the Governments which have concluded it.

(4)

(a) No license obtainable after three years shall be granted under this Article until a further period of six months has elapsed, and no license obtainable after one year shall be granted under this Article until a further period of nine months has elapsed

1Vf1).

IV(2),

paragraph (1),

subparagraph Cal

subparagraph (a)

subparagraphs (a)

(9)

(i) from the date on which the applicant complies wilh the requirements mentioned in Article or

(ii) where the identity or the address of the owner of the right of translation is unknown, from lhe date on which the applicant sends, as provided for in Article copies of his application submitted to the authorily compelent to grant lhe license.

(b) If, during the said period of six or nine months, a translation in the language in respect of which the application was made is published by the owner of the right of translation or with his authorization, no license under this Article shall be granted.

(5) Any license under this Article shall be granted only for the purpose of teaching, scholarship or research.

(6) If a translation of a work is published by the owner of the right of translation or with his aulhorization at a price reasonably related to that normally charged in the country for comparable works, any license granted under this Article shall terminate if such translation is in the same language and with substantially the same content as the translation published under the license. Any copies already made before the license terminates may continue to be distributed until their stock is exhausted.

(7) Forworks which are composed mainly of illustrations, a license to make and publish a translation of the text and to reproduce and publish the illustrations may be granted only if the conditions of Article Ill are also fulfilled.

(8) No license shall be granted under this Article when the author has withdrawn from circulation all copies of his work.

(a) A license to make a translation of a work which has been published in printed or analogous forms of reproduction may also be granted to any broadcasting organization having its headquarters in a country referred to in

upon an application made to the competent authority ofthat country by the said organization, provided

(i) the translation is made from a copy made and acquired in accordance with the laws of the said country;

(ii) the translation is only for use in broadcasts intended exclusively for teaching or for the dissemination of the results of specialized technical or scientific research to experts in a particular profession;

(iii) the translation is used exclusively for the purposes referred to in condition .{ill through broadcasts made lawfully and intended for recipients on the territory of the said country, including broadcasts made through the medium of sound or visual recordings lawfully and exclusively made for the purpose of such broadcasts;

(iv) all uses made of the translation are without any commercial purpose.

(b) Sound or visual recordings of a translation which was made by a broadcasting organization under a license

exercise of any license granted under this paragraph.

that all of the following conditions are met:

granted by virtue of this paragraph may, for the purposes and subject to the conditions referred to in and with the agreement of that organization, also be used by any other broadcasting organization

having its headquarters in the country whose competent authority granted the license in question.

(c) Provided that all of the criteria and conditions set out in are met, a license may also be granted to a broadcasting organization to translate any text incorporated in an audio-visual fixation where such fixation was itself prepared and published for the sole purpose of being used in connection with systematic instructional activities.

{d) Subject to to.(£}, the provisions of the preceding paragraphs shall apply to the grant and

paragraph (7),

paragraph <3l,

paragraph (1),

subparagraph (a)

paragraph (2)(a)(i)

lVIIl,

IV(2),

IV(2l

subparagraphs (a) paragraph (2lfal

Article Ill Limitation on the Right of Reproduction:

1. Licenses grantable bycompetent authority; 2. to 5. Conditions allowing thegrant ofsuch licenses; 6. Termination oflicenses; 7. Works to which this Article applies

(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall be entitled to substitute for the exclusive right of reproduction provided for in Article 9 a system of non-exclusive and non­ transferable licenses, granted by the competent authority under the following conditions and subject to Article IV.

(2)

(a) If, in relation to a work to which this Article applies by virtue of after the expiration of

(i) the relevant period specified in commencing on the date of first publication of a particular edition of the work, or

(il) any longer period determined by national legislation of the country referred to in commencing on the same date, copies ofsuch edition have not been distributed in that country to the general public or in connection with systematic instructional activities, by the owner of the right of reproduction or with his authorization, at a price reasonably related to that normally charged in the countryfor comparable works, any national of such country may obtain a license to reproduce and publish such edition at that or a lower price foruse in connection with systematic instructional activities.

(b) A license to reproduce and publish an edition which has been distributed as described in may also be granted under the conditions prov'1ded for in this Article if, after the expiration of the applicable period, no authorized copies of that edition have been on sale for a period of six months in the country concerned to the general public or in connection with systematic instructional activities at a price reasonably related to that normally charged in the country for comparable works.

(3) The period referred to in shall be five years, except that

(i) for works of the natural and physical sciences, including mathematics, and of technology, the period shall be three years;

(ii) for works of fiction, poetry, drama and music, and for art books, the period shall be seven years.

(4)

(a) No license obtainable after three years shall be granted under this Article until a period of six months has elapsed

(i) from the date on which the applicant complies with the requirements mentioned in Article or

(ii) where the identity or the address of the owner of the right of reproduction is unknown, from the date on which the applicant sends, as provided for in Article copies of his application submitted to the authority competent to grant the license.

(b) Where licenses are obtainable after other periods and Article is applicable, no license shall be granted until a period of three months has elapsed from the date of the dispatch of the copies of the application.

(c) If, during the period of six or three months referred to in and i!l), a distribution as described in has taken place, no license shall be granted under this Article.

(d) No license shall be granted if the author has withdrawn from circulation all copies of the edition for the reproduction and publication of which the license has been applied for.

paragraph (1)

subparagraph (b).

paragraph (2).

subparagraph (a), 1(5).

(7)

(4)

(5) A license to reproduce and publish a translation of a work shall not be granted under this Article in the following cases:

(i) where the translation was not published by the owner of the right of translation or with his authorization, or

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

(6) If copies of an edition of a work are distributed in the country referred to in to the general public or in connection with systematic instructional activities, by the owner of the right of reproduction or with his authorization, at a price reasonably related tothat normally charged in the country for comparable works, any license granted under this Article shall terminate if such edition is in the same language and with substantially the same content as the edition which was published under the said license. Any copies already made before the license terminates may continue to be distributed until their stock is exhausted.

(a) Subject to the works to which this Article applies shall be limited to works published in printed or analogous forms of reproduction.

(b) This Article shall also apply to the reproduction in audio-visual form of lawfully made audio-visual fixations including any protected works incorporated therein and to the translation of any incorporated text into a language in general use in the country in which the license is applied for, always provided that the audio-visual fixations in question were prepared and published for the sole purpose ofbeing used in connection with systematic instructional activities.

Articte IV Provisions Common to Licenses Under Articles II and !!!:

1. and 2. Procedure; 3. /nd/catlon ofauthor and title ofwork; 4. Exportation ofcopies; 5. Notice; 6. Compensation

(1) A license under Article II or Article Ill may be granted only if the applicant, in accordance with the procedure of the country concerned, establishes either that he has requested, and has been denied, authorization by the owner of the right to make and publish the translation or to reproduce and publish the edition, as the case may be, or that, after due diligence on his part, he was unable to find the owner of the right. At the same time as making the request, the applicant shall inform any national or international information center referred to in

(2) If the owner of the right cannot be found, the applicant for a license shall send, by registered airmail, copies of his application, submitted to the authority competent to grant the license, to the publisher whose name appears on the work and to any national or international information centerwhich may have been designated, in a notification to that effect deposited with the Director General, by the Government of the country in which the publisher is believed to have his principal place of business.

(3) The name of the author shall be indicated on all copies of the translation or reproduction published under a license granted under Article II or Article Il l . The title of the work shall appear on all such copies. In the case of a translation, the original title of the work shall appear in any case on all the said copies.

(a) No license granted under Article II or Article Il l shall extend to the export of copies, and any such license shall be valid only for publication of the translation or of the reproduction, as the case may be, in the territory of the country in which it has been applied for.

(b) For the purposes of the notion of export shall include the sending of copies from any territory to the country which, in respect of that territory, has made a declaration under Article

subparagraph (a),

Article

II;

30(2)(al

30(2)(a) 30(2)(bl,

(c) Where a governmental or other public entity of a country which has granted a license to make a translatio n under Article II into a language other than English, French or Spanish sends copies of a translation published under such license to another country, such sending of copies shall not, for the purposes of be considered to constitute export if all of the following conditions are met:

(i) the recipients are individuals who are nationals of the country whose competent authority has granted the license, or organizations grouping such individuals;

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

(Hi) the sending of the copies and their subsequent distribution to recipients is without any commercial purpose; and

(iv) the country to which the copies have been sent has agreed with the country whose competent authority has granted the license to allow the receipt, or distribution, or both, and the Director General has been notified of the agreement by the Government ofthe country in which the license has been granted.

(5) All copies published under a license granted by virtue of II or Article Ill shall bear a notice in the appropriate language stating that the copies are available for distribution only in the country or territory to which the said license applies.

(6)

(a) Due provision shall be made at the national level to ensure

(i) that the license provides, in favour of the owner of the right oftranslation or of reproduction, as the case may be, for just compensation that is consistent with standards of royalties normally operating on licenses freely negotiated between persons in the two countries concerned, and

(ii) payment and transmittal of the compensation: should national currency regulations intervene, the competent authority shall make all efforts, by the use of international machinery, to ensure transmittal in internationally convertible currency or its equivalent.

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

Article v Alternative Possibility for Limitation ofthe Right of Translation:

1. Regime provided for under the 1886 and 1896 Acts; 2. No possibility ofchange to regime underArticle 3. Time limitforchoosing the alternativepossibility

(1)

(a) Any country entitled to make a declaration that itwill avail itself of the faculty provided for in Article II may, instead, at the time of ratifying or acceding to this Act:

(i) if it is a country to which Article applies, make a declaration under that provision as far as the right of translation is concerned;

(ii) if it is a country to which Article does not apply, and even if it is not a country outside the Union, make a declaration as provided for in Article first sentence.

1(1),

1(3)

paragraph (3), paragraph (1).

111l 1131,

30(2)(b), 1(3)

1(1l.

V;

paragraph (1)

(b) In the case of a country which ceases to be regarded as a developing country as referred to in Article a declaration made according to this paragraph shall be effective until the date on which the period applicable under Article expires.

(c) Any country which has made a declaration according to this paragraph may not subsequently avail itself of the faculty provided for in Article II even if it withdraws the said declaration.

(2) Subject to any country which has availed itself of the faculty provided for in Article II may not subsequently make a declaration according to

(3) Any country which has ceased to be regarded as a developing country as referred to in Article may, not later than two years prior to the expiration of the period applicable under Article make a declaration to the effect provided for in Article first sentence, notwithstanding the fact that it is not a country outside the Union. Such declaration shall take effect at the date on which the period applicable under Article expires.

Article VI Possibilities of applying, or admitting the application of, certain provisions ofthe Appendix before becoming

bound by It: 1. Declaration; 2. Depository and effective date ofdeclaration

(1) Any country of the Union may declare, as from the date of this Act, and at any time before becoming bound by Articles 1 to 21 and this Appendix:

(i) if it is a country which, were it bound by Articles 1 to 21 and this Appendix, would be entitled to avail itself of the faculties referred to in Article that it will apply the provisions ofArticle II or of Article Il l or of both to works whose country of origin is a country which, pursuant to !ill. below, admits the application of those Articles to such works, or which is bound by Articles 1 to 21 and this Appendix; such declaration may, instead of referring to Article II, refer to Article

(ii) that it admits the application of this Appendix to works of which it is the country of origin by countries which have made a declaration under ill above or a notification under Article I.

(2)Any declaration made under shall be in writing and shall be deposited with the Director General. The declaration shall become effective from the date of its deposit.

1 Enlty into force: Refer to Articles 26, 28 and 29. Source: International Bureau ofWIPO.

1 This Table of Contents is added for the convenience of the reader. It does not appear in the original (English) text of the Convention.

Each Article and the Appendix have been given titles to facilitate their identification. There are no titles in the signed (English) text.

i The Governing Bodies of WIPO and the Unions administered by WIPO adopted with effect from January 1 , 1 994, a new contribution system that replaces the contribution system set forth in Article 25(4)(a), (b) and (c) of the Berne Convention. Details concerning that system may be obtained from the International Bureau of WIPO.