LAWS AND REGULATIONS

Source: National Copyright Administration

(Revised at Paris on 24 July 1971)

Signed on 9 September 1886, amended at Paris on 4 May 1896, amended at Berlin on 13 November 1908, amended at Bern on 20 March 1914, amended at Rome on 2 June 1928, amended at Brussels on 26 June 1948, amended at Stockholm on 14 July 1967, It was amended at Paris on 24 July 1971 and changed on 28 September 1979.

The States members of the Union, jointly inspired by the desire to protect as effectively and consistently as possible the rights of authors in their literary and artistic works, and recognizing the importance of the work of the Revision Conference held in Stockholm in 1967, decided to revise the text of the Convention adopted at the Stockholm Conference without altering Articles 1 to 20 and 22 to 26 of that text.

The undersigned plenipotentiaries, having submitted their credentials, agree as follows:

The States to which this Convention applies shall form an alliance for the protection of the rights of authors in their literary and artistic works.

Article 2

1. The term "literary and artistic works" includes all achievements in the fields of literature, science and art, regardless of their form or form of expression, such as books, pamphlets and other written works; Lectures, speeches, sermons and other works of the same nature; Dramatic or musical dramatic works; Dance works of art and pantomime; Composed or uncomposed music; Cinematographic works and works represented in a manner similar to cinematography; Works of drawing, painting, architecture, sculpture, engraving and printmaking; Photographic works and works represented by means similar to photography; Works of applied art; Illustrations, maps, designs, sketches and three-dimensional works relating to geography, topography, architecture or science.

(2) Each Member of the Union may, by domestic legislation, provide that all works or any particular kind of works are not protected unless they are fixed in a material form.

(3) Translations, adaptations, adaptations of music and other alterations to literary or artistic works shall be accorded the same protection as the original works, but without prejudice to the copyright of the original works.

(4) The protection of official documents of a legislative, administrative or judicial nature and their official translations shall be determined by the domestic legislation of each Member State of the Union.

(5) Compilations of literary or artistic works, such as encyclopedias and anthologies, which by virtue of the selection and arrangement of the materials constitute intellectual creations, shall be protected accordingly, without prejudice to the copyright of each work contained therein.

(6) Works referred to in this Article shall be protected in all Member States of the Union. Such protection is exercised for the benefit of the author and his successors in rights.

(7) Subject to the provisions of Article 7, paragraph 4, of this Convention, Member States of the Union may, by domestic legislation, determine the extent to which their laws apply to works of applied art and to graphic and three-dimensional designs of industrial products and the conditions under which such works and graphic and three-dimensional designs are protected. Works protected in the State of origin solely as graphic and stereoscopic designs shall enjoy in the other Member States of the Union only the kind of special protection accorded to graphic and stereoscopic designs in each State; However, if no such special protection is granted in that country, the works will be protected as works of art.

8. The protection of this Convention shall not apply to general news or to public information of a purely journalistic nature.

Article 2 bis

(1) Whether political speeches and statements made in the course of proceedings are wholly or partly excluded from the protection provided for in the preceding article shall fall within the scope of the domestic legislation of the Member States of the Union.

(2) Public lectures, speeches or other works of a similar nature, if so required for the purposes of journalism, under the conditions under which they may be published in the press, broadcast or disseminated to the public, and publicly disseminated in the manner referred to in Article 11 bis (1), shall also fall within the scope of the domestic legislation of the Member States of the Union.

(3) Authors, however, have the exclusive right to compile the works referred to in the preceding two paragraphs.

Article 3

(1) In accordance with this Convention,

(a) if the author is a national of any of the States Members of the Union, his work shall be protected, whether or not it has been published;

(b) where the author is a national of a country which is not a member of the Union, his work is protected if it is first published in a country which is not a member of the Union, or if it is published in both a country which is not a Member of the Union and a country which is a member of the Union;

(2) Authors who are not nationals of any Member State of the Union but whose habitual residence is in a Member State shall, for the purposes of this Convention, be treated as nationals of that Member State.

(3) The term "published work" means a work published with the consent of the author, regardless of the mode of production of the copy, provided that the nature of the work is such that the copy is distributed in a manner that satisfies the reasonable needs of the public. The performance of a dramatic, musical, dramatic or cinematic work, the performance of a musical work, the public recitation of a literary work, the cable communication or broadcast of a literary or artistic work, the exhibition of fine works and the construction of architectural works do not constitute publication.

(4) If a work is published within thirty days of its first publication in two or more countries, it shall be deemed to have been published in several countries at the same time.

The protection of this Convention shall apply to the following authors, even if they do not meet the conditions set out in Article 3:

(a) A cinematographic production of which the producer has his headquarters or habitual residence in a Member State of the Union. Authors of architectural works or graphic and three-dimensional works of art forming part of buildings in a member State of the Union.

Article 5

(1) In the case of works protected by this Convention, the author shall, in a Member State of the Union other than the State of origin of the work, enjoy the rights that the laws of that State now grant and may in the future grant to its nationals, as well as the rights specifically granted by this Convention.

(2) The enjoyment and exercise of these rights are not subject to any formalities and irrespective of the existence of protection in the country of origin of the work. Thus, in addition to the provisions of this Convention, the degree of protection and the remedies available to authors for the protection of their rights are entirely regulated by the law of the State in which protection is claimed.

(3) Protection in the State of origin is regulated by the laws of that State. If the author is not a national of the State of origin, but his work is protected by the Convention, he shall still enjoy the same rights in that State as the national author.

4. State of origin means:

(a) For works first published in a Member State of the Union, that State shall be the State of origin; For works published simultaneously in several Member States of the Union granting different periods of protection, the State of origin shall be the State in which the legislation granting the shortest period of protection shall be the State;

(b) for works published in both a non-member State of the Union and a Member State of the Union, the latter being the country of origin;

(c) In the case of an unpublished work or a work first published in a non-member State of the Union and not simultaneously published in a Member State of the Union, the country of origin shall be the Member State of the Union of which the author is a national, however

(1) In the case of a cinematographic work in which the headquarters or habitual residence of the producer is in the State of a Member of the Union, that State shall be the State of origin.

(2) For architectural works constructed in a Member State of the Union or for graphic and three-dimensional works of art forming part of a building in a Member State of the Union, that State shall be the State of origin.

Article 6

(1) If any non-Member State of the Union fails to adequately protect the work of an author who is a national of a Member State of the Union, the Member State may restrict the protection of the work of an author who, at the time of first publication, is a national of that non-Member State and who has no habitual residence in the Member State. If the State of first publication makes use of this right, the other Member States of the Union need not extend any wider protection to works thus accorded special treatment than that accorded to the State of first publication.

(2) None of the restrictions provided for in the preceding paragraph shall affect the rights already acquired by the author in respect of works published in any of the Member States of the Union prior to the application of such restrictions.

(3) States Members of the Union which impose restrictions on the protection of copyright in accordance with this Article shall notify the Director General of the World Intellectual Property Organization (hereinafter referred to as the Director General) by a written declaration of the restrictions on the protection of the rights of authors of the countries subject to such restrictions and of their nationals. The Director-General shall immediately communicate this declaration to all Member States of the Union.

Article 6 bis

(1) Not affected by the economic rights of the author, even after the transfer of such economic rights, the author retains the right to claim authorship of his work and the right to object to any distortion, fragmentation or other alteration of his work, or any other act damaging to his reputation.

(2) The rights granted to the author in accordance with paragraph 1 above shall be retained after his death at least until the expiration of his economic rights and shall be exercised by persons or bodies authorized by the domestic law of the State in which protection is sought. However, States whose laws at the time of ratification or accession to the text of this Convention do not include guarantees of protection after the death of the author of all the rights recognized in paragraph 1 above shall be entitled to provide that certain of these rights shall not be reserved after the death of the author.

(3) The remedies to be adopted for the protection of the rights recognized in this Article shall be prescribed by the law of the State in which protection is claimed.

Article 7

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

(2) However, in the case of cinematographic works, the Member States of the Union shall have the right to provide that the term of protection shall expire, with the consent of the author, fifty years after the publication of the work or, if it has not been made public within fifty years after the completion of the work.

(3) In the case of unnamed and pseudonymous works, the period of protection granted by this Convention shall be valid for a period of fifty years from the date of publication of its law. However, when the identity of the author can be established beyond doubt on the basis of the pseudonym adopted by the author, the period of protection shall be the period provided for in paragraph 1. If the author of an unnamed or pseudonymous work discloses his identity during the said period, the period of protection to be applied shall be the period of protection provided for in paragraph 1. The Member States of the Union are not obliged to protect anonymous or pseudonymous works whose authors are reasonably presumed to have been dead for 50 years.

(4) The period of protection of photographic works and works of applied art protected as artistic works shall be fixed by the laws of the Member States of the Union; However, this period shall not be less than twenty-five years counting from the completion of the work.

(5) The period of protection after the death of the author and the periods specified in paragraphs 2, 3 and 4 above shall commence at the time of his death or the occurrence of the events referred to in the preceding paragraphs, provided that such periods shall commence on the first of January of the year following the death or occurrence of the events referred to in the preceding paragraphs.

(6) The Member States of the Union shall have the right to grant longer periods of protection than those provided for in the preceding paragraphs.

(7) States Members of the Union which are bound by the Rome Act of this Convention and whose national law in force at the time of its signature provides for a period of protection shorter than that of the preceding paragraphs shall have the right to maintain such a period when acceding to or ratifying this Act.

(8)In any event, the duration shall be regulated by the law of the State in which protection is claimed; However, unless otherwise provided by the law of that State, such period shall not exceed the period prescribed by the State of origin of the work.

The provisions of article 7 bis shall also apply to works in which the copyright is shared by the co-authors, provided that the period of protection after the death of the author shall be calculated from the death of the last deceased author.

Article 8 Authors of literary and artistic works protected by this Convention shall enjoy the rights of the original works. The exclusive rights of...

The ninth article

(1) Literary and artistic works protected by this Convention? The exclusive rights to produce these works.

(2) The laws of the Member States of the Union may permit the reproduction of the above-mentioned works in certain exceptional cases, provided that such reproduction does not prejudice the normal use of the work and does not unreasonably infringe upon the legitimate interests of the author.

(3) All audio or video recordings shall be considered copies for the purposes of this Convention.

Article ten

(1) A quotation from a work lawfully made public, including a quotation from a newspaper or periodical article in the form of a newspaper summary, is lawful so long as it is consistent with fair use and to the extent that it is just necessary for the purpose.

(2) The laws of the Member States of the Union, as well as special agreements existing or to be concluded between the Member States, may provide for the right to use literary and artistic works as educational explanations by means of publications, radio broadcasts or audio and video recordings, as long as they are used within the limits of legitimate need for the purpose and in accordance with fair use.

3. References to quotations and uses referred to in the preceding paragraphs shall indicate the source and, if the original source contains the name of the author.

Article 10 bis

(1) The laws of the Member States of the Union may permit the reproduction, by press, radio or cable communication to the public, of articles published in newspapers or periodicals discussing economic, political or religious matters, or of works already broadcast of the same nature, provided that such reproduction, broadcast or cable communication is not expressly reserved. However, the source should be clearly stated; Legal responsibility for breach of this obligation is determined by the law of the State in which protection is claimed.

(2) In the reporting of current events by photographic or cinematographic means, or by broadcast or cable communication to the public, the conditions under which literary and artistic works seen or heard in the course of the events may be reproduced and made public to the extent justified for the purposes of reporting shall also be established by the laws of each Member State of the Union.

Article 11

(1) Authors of dramatic works, musical dramatic works and musical works enjoy the following exclusive rights:

(1) authorizing public performance and performance of his work, including public performance and performance by various means and means;

(2) To authorize the public broadcasting of performances and performances of their works by various means.

(2) The author of a dramatic or musical dramatic work shall enjoy the same rights in the translation of his or her work for the entire period during which he or she has rights in the original work.

Article 11 bis

(1) Authors of literary and artistic works enjoy the following exclusive rights:

(a) to authorize the broadcasting of his works or the dissemination of his works to the public by any other means of wirelessly transmitting symbols, sounds or images;

(2) authorizing the communication of the broadcast work to the public by means of cable transmission or retransmission by another organization other than the original broadcaster;

(3) Authorizes the communication of broadcast works to the public through loudspeakers or any other similar means of transmitting symbols, sounds or images.

(2) The conditions for the exercise of the rights referred to in paragraph 1 above are laid down by the law of the Member States of the Union, but the effect of these conditions is strictly limited to the State providing for them. In no event shall these conditions prejudice the moral rights of the author or the right of the author to a reasonable remuneration which, in the absence of an agreement, shall be fixed by the competent authority.

(3) Unless otherwise provided, authorization under paragraph 1 of this Article does not authorize the use of sound or video equipment for the recording of broadcast works. However, the law of the Member States of the Union may determine the rules for the use by a broadcaster of its own equipment and the making of temporary recordings for its own broadcasting purposes. The laws of the Member States of the Union may also authorize the preservation of such records in the National Archives on account of their special documentary character.

Article 11 ter

1. Authors of literary works enjoy the following exclusive rights:

(1) authorizing public recitation of his works, including public recitation by various means or means;

(2) To authorize the public broadcasting of the recitation of his work by various means.

2. The author of a literary work shall enjoy equal rights in the translation of his or her work throughout the period during which he or she has rights in the original work.

Article 12 Authors of literary and artistic works shall have the exclusive right to authorize adaptations, musical adaptations and other changes to their works.

Article 13

(1) Each Member State of the Union may, in its own national circumstances, set forth reservations and conditions for the exclusive right of authorizing the author of a musical work and the author of a lyric whose words are permitted to be recorded together with the musical work, to make recordings of such musical works and of musical works with lyrics; However, the effect of such reservations and conditions is strictly limited to the State providing for them, and in no event shall they prejudice the right of the author to a reasonable remuneration provided for by the competent authority in the absence of an agreement.

(2) Recordings of musical works made in the country of the Union in accordance with Article 13, paragraph 3, of the Conventions signed at Rome on 2 June 1928 and at Brussels on 26 June 1948 May be reproduced in that country without the consent of the author of the musical work for a period of two years from the date on which that country is bound by this Act.

(3) Phonograms made in accordance with paragraphs 1 and 2 of this Article may be seized by the State which regards such recordings as infringing phonograms if they are imported without the approval of the party concerned.

Article 14

1. Authors of literary and artistic works enjoy the following exclusive rights:

(1) authorizing the adaptation and reproduction of such works into films and the distribution of works so adapted or reproduced;

(2) Authorize public performance, performance and cable communication to the public of works so adapted or reproduced.

2. The adaptation of a cinematographic work based on a literary or artistic work in any other artistic form shall, without prejudice to the authorisation of the author of the cinematographic work, be subject to the authorisation of the original author.

3.The provisions of paragraph 1 of Article 13 shall not apply (to films).

Article 14 bis

1. Cinematographic works shall be protected as original works without prejudice to the copyright of works which have been adapted or reproduced. The copyright holder of a cinematographic work has the same rights as the author of the original work, including the rights mentioned in the previous article.

2.(a) Determine the owner of the copyright in a cinematographic work within the scope of the provisions of the national law in which protection is claimed.

(b) However, in the States members of the Union whose laws recognize that authors participating in the production of a cinematographic work belong to the copyright holders, such authors, if they agree to participate in the work, may not object to the reproduction, distribution, public performance, performance, cable communication to the public, broadcast, public communication, subtitling and dubbing of the cinematographic work, unless otherwise specified or otherwise.

(c) For the purpose of applying subparagraph b of this paragraph, the question whether the consent referred to above should be in the form of a written contract or an equivalent instrument shall be regulated by the law of the Member State of the Union in which the filmmaker has his headquarters or habitual residence. However, the law of the Member States of the Union to which protection is requested may provide that this consent shall be in the form of a written contract or equivalent instrument. The State in which the law so provides shall notify the Director General by a written declaration, who shall immediately inform all other Member States of the Union of this declaration.

(d) "contrary or special provision" means any restrictive condition relating to such consent.

3. Unless otherwise provided by national law, the provisions of paragraph 2 (b) of this Article shall not apply to the authors of the scripts, lines and musical compositions composed for a cinematographic work, nor to the principal directors of the cinematographic work. However, any Member of the Union whose legislation does not provide for the application of paragraph 2 (b) of this Article to a film director shall notify the Director General by a written declaration, which shall be transmitted immediately to all other Member States of the Union.

14ter

(1) In the case of original works of art and manuscripts of authors and composers, the author or a person or institution authorized by national law after the death of the author has an inalienable right to share in any sale of the work after the first transfer of the work by the author.

(2) The protection provided for in the preceding paragraph may be claimed in the Member States of the Union only if such protection is recognized by the national law of the author, and the extent of protection shall be limited to that permitted by the law of the State in which the protection is requested.

(3) The manner and proportion of the sharing of benefits shall be determined by national law.

Article 15

(1) The author of a literary and artistic work protected by this Convention, provided that his name appears on the work in the usual manner, shall, in the absence of evidence to the contrary, be deemed to be the author of the work and shall have the right to bring an action in a country of the Union against a person who infringes his rights. This paragraph applies even if the author adopts a pseudonym, so long as the identity of the author can be established beyond reasonable doubt on the basis of the pseudonym.

(2) A natural or legal person who has signed his name on a cinematographic work in the usual manner, unless there is evidence to the contrary, is presumed to be the producer of the work.

(3) In the case of anonymous works and pseudonymous works other than those referred to in paragraph 1 above, if the publisher's name appears on the work, in the absence of evidence to the contrary, the publisher is deemed to be the author's representative and, as such, entitled to defend and exercise the author's rights. The provisions of this paragraph shall cease to apply when the author discloses his identity and proves that he is the author.

4.(a) In the case of an unpublished work whose identity is unknown but for which there are good reasons to assume that the author is a national of a Member State of the Union, the law of that State may appoint a competent authority to represent the author and to defend and enforce the rights of the author in the Member States of the Union.

(b) The Member State of the Union which has designated a competent authority in accordance with this Provision shall notify the Director-General of this matter by a written declaration containing all relevant information about the designated authority. The Director General shall immediately inform all other Member States of the Union of this declaration.

Article 16

(1) Infringing copies of works shall be seized in the Member States of the Union where the works are protected by law.

(2) The provisions of the preceding paragraph shall also apply to reproductions from countries in which protection of a work has been denied or ceased.

(3) Detention shall be governed by national law.

Article 17

If the competent authorities of any Member State of the Union consider it necessary to exercise, by law or regulation, the power to license, supervise or prohibit the distribution, performance or exhibition of any work or product, the provisions of this Convention shall in no way prejudice the power of the Governments of the Member States of the Union to do so.

Article 18

(1) This Convention applies to all works which, at the time of entry into force of this Convention, have not entered the public domain in their country of origin by reason of the expiry of their protection.

(2) However, if the work has entered the public domain in the country where protection is requested because the period of protection originally provided for has expired, the work shall not be re-protected.

(3) These Principles shall be applied in accordance with the provisions of the relevant special conventions existing or to be concluded between the Member States of the Union. In the absence of such a provision, each State sets out the conditions for the application of the above principles.

(4) The above provisions shall also apply in the event of new accession to the Union and in the event of the extension of the scope of protection arising from the application of Article 7 or the waiver of reservations.

Article 19 Where the national law of the Member States of the Union provides for wider protection, the provisions of this Convention shall not prevent the application of such provisions.

The Governments of the Member States of the Union reserve the right to enter into among themselves special agreements which grant authors more rights than are provided for in this Convention or which include special agreements not contrary to other provisions of this Convention. The terms of existing agreements that meet the above conditions shall still apply.

Article 21

1. Special provisions relating to developing countries are contained in the annex.

2. Subject to the provisions of Article 28, paragraph 1 (b), the annex constitutes this article.(a) The Union shall have an assembly composed of the members of the Union bound by Articles 22 to 26.

(b) The Government of each State shall be represented by a representative who may be assisted by alternate representatives, advisers and experts.

(c) The costs of each delegation shall be borne by the Government appointing it.

2.(a) The General Assembly:

(1) Dealing with all questions relating to the maintenance and development of the Union and the application of this Convention;

(2) To issue, with due regard to the views of States Members of the Union not bound by articles 22 to 26, instructions to the International Intellectual Property Office referred to in the Convention establishing the World Intellectual Property Organization (hereinafter referred to as the "International Bureau") concerning the preparation of the revision Conference;

(c) To examine and approve the reports and activities of the Director General of WIPO concerning the Union and to issue to him the necessary instructions concerning the competence of the Union;

(4) Election of members of the Executive Committee of the Congress;

(5) Review and approve the reports and activities of the Executive Committee and issue instructions to it;

(6) To formulate plans, adopt the biennial budget of the Union and approve its final accounts;

(7) Adoption of the financial Regulations of the Union;

(8) The establishment of committees of experts and working groups necessary to achieve the objectives of the Alliance;

(9) To decide which non-member States of the Union and intergovernmental and international non-governmental organizations shall participate in its meetings as observers;

(10) Adopt amendments to articles 22 to 26;

(11) Take other appropriate actions to achieve the objectives of the Union;

(12) to perform all other tasks contained in this Convention;

(13) Exercise the rights conferred upon it by the Convention establishing WIPO and accepted by it.

(b) On issues that also concern other unions administered by WIPO, the General Assembly takes decisions after taking into account the views of the Coordinating Committee of WIPO.

3.(a) Each Member of the General Assembly has one vote.

(b) Half of the members of the Assembly shall constitute a quorum.

(c) Notwithstanding subparagraph b, decisions may be taken if less than half of the States present at the time of the meeting are equivalent to or more than one third of the States members of the Assembly; In addition to decisions concerning the procedure of the Conference, the decisions of the Conference shall be carried out only if the International Bureau notifies the Member States not present at the Conference of the above-mentioned decisions and invites them to vote or abstain in writing within three months from the date of such notification. If, at the expiry of the period, the number of States that have voted or abstained in this manner has reached the number lacking for the quorum at the time of the meeting and the necessary majority has been obtained, the decision may be carried out.

(d) Except as provided in article 26, paragraph 2, decisions of the Assembly shall be adopted by a two-thirds majority of the votes cast.

(e) Abstentions are not considered votes.

(f) A representative may represent and vote in the name of only one State.

(g) States members of the Union that are not members of the Assembly shall participate in the Conference as observers.

4.(a) The General Assembly shall meet in regular session every two years, convened by the Director General and, except in exceptional circumstances, at the same time and in the same place as the General Assembly of WIPO.

(b) The General Conference shall meet in extraordinary session, convened by the Director-General, at the request of the Executive Committee or at the request of one quarter of the States members of the Conference.

5. The General Assembly adopts its rules of procedure.

Article 23

1. The General Assembly shall have an Executive Committee.

2.(a) The Executive Committee shall be composed of States elected by the General Conference among its members. In addition, the State in which WIPO is located, except in the case of Article 25, paragraph 7 (b), has an ex officio seat on the Executive Committee.

(b) Each Government of a Member State of the Executive Committee shall be represented by a representative who may be assisted by alternate representatives, advisers and experts.

(c) The costs of each delegation shall be borne by the Government appointing it.

(3) The number of members of the Executive Committee shall be one quarter of the number of members of the General Assembly. When calculating seats, the remainder of the division by four is not counted.

(4) In electing the members of the Executive Committee, the Assembly shall give due consideration to the need for equitable distribution by region and for ensuring the participation of States which may conclude special agreements concerning the Union

5.(a) Members of the Executive Committee shall hold office from the close of the Conference for which they were elected until the close of the next regular session of the Conference.

(b) No more than two thirds of the members of the Executive Commission shall be re-elected.

(c) The Assembly shall establish procedures for the election and possible re-election of members of the Executive Committee.

6.(a) Executive Committee:

(1) Preparation of the draft agenda of the General Assembly;

(b) To submit to the General Conference proposals concerning the draft programme and biennial budget of the Union prepared by the Director-General;

(3)(cancellation);

(d) To submit to the General Conference periodic reports of the Director-General and annual financial audit reports, accompanied by the necessary comments;

(5) To take all measures, in accordance with the decisions of the Conference and taking into account the circumstances that arise between the two regular sessions of the Conference, to facilitate the implementation of the Programme of the Union by the Director-General;

(6) To perform all other tasks entrusted to it within the scope of this Convention.

(b) On issues that also involve other unions administered by WIPO, the Executive Committee decides after taking into account the views of the Coordinating Committee of WIPO.

7.(a) The Executive Committee, convened by the Director-General, shall meet once a year in regular session, as far as possible at the same time as the Coordination Committee of WIPO.

(b) The Executive Committee shall meet in extraordinary session at the initiative of the Director-General or at the request of the Chairman of the Executive Committee or one quarter of the Member States.

8.(a) Each member of the Executive Committee has one vote.

(b) Half of the Member States of the Executive Committee shall constitute a quorum.

(c) Resolutions shall be taken by a simple majority of the votes cast.

(d) Abstentions are not considered votes.

(e) A representative may represent and vote in the name of only one State.

(9) States members of the Union that are not members of the Executive Commission shall participate in its meetings as observers.

10. The Executive Committee adopts its rules of procedure.

Article 24

1.(a) The administration of the Union shall be the responsibility of the International Bureau, which shall take over the functions of the Union Office merged with the Union Office established by the International Convention for the Protection of Industrial Property.

(b) The International Bureau shall be responsible for the secretariat of the institutions of the Union.

(c) The Director-General of WIPO shall be the highest official of the Union and shall represent the Union.

(2) The International Bureau shall compile and publish information relating to the protection of copyright, and each Member State of the Union shall inform the International Bureau as soon as possible of all new laws and official documents relating to the protection of copyright.

3. The International Bureau publishes a monthly magazine.

(4) The International Bureau shall, at the request of the Member States of the Union, provide them with information concerning the protection of copyright.

(5) The International Bureau conducts research and provides services conducive to the protection of copyright.

6. The Director-General and any staff member designated by him may attend, without the right to vote, meetings of the General Conference, the Executive Committee and various other committees of experts or working groups. The Director-General or a staff member designated by him shall be the ex officio Secretary of these bodies.

7.(a) The International Bureau shall, on the instructions of the General Assembly and in cooperation with the Executive Committee, prepare conferences for the revision of the provisions of the Convention, with the exception of articles 22 to 26.

(b) The International Bureau may consult intergovernmental and international non-governmental organizations in preparation for the revision Conference.

(c) The Director-General and persons designated by him may participate in the deliberations of such meetings without the right to vote.

8. The International Bureau shall perform all other functions entrusted to it.

Article 25

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

(b) The budget of the Union shall include the income and expenditure of the Union itself, its contributions to the budgets of the common expenditures of the Unions and, where circumstances so require, such sums as may be placed at the disposal of the Conference budget of WIPO.

(c) Expenses not exclusive to the Union but also belonging to one or more other unions administered by WIPO shall be deemed to be the common expenses of the Unions. The share of the Union in the common expenses shall be determined by their relation to it.

(2) The budget of the Union shall be determined taking into account the requirement of harmonization with the budgets of other unions administered by WIPO.

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

(1) Contributions of member States of the Union;

(2) Income from services rendered by the International Bureau on behalf of the Union;

(3) Income from the sale of publications of the International Bureau relating to the Union and royalties from such publications;

(4) donations, bequests and grants;

(5) Rent, interest and other miscellaneous income.

4.(a) For the purpose of determining the contribution of Member States to the budget, each of the Member States of the Union shall be divided into different levels and shall pay an annual contribution in the following quantitative units:

Twenty-five units at the first level

Twenty units in level two

Fifteen units in the third level

Level four ten units

Level five five units

Level six three units

One unit at level seven

(b) Except as previously specified, each State shall, at the time of deposit of its instrument of ratification or accession, indicate the level in which it wishes to be included. You can also change the level. If a Member State wishes to downgrade its status, it shall notify the General Assembly of this during a regular session. This change takes effect at the beginning of the calendar year following that session.

(c) The annual contribution of each State shall be in the same proportion of the total annual contribution of all States to the Union as the number of units at its level in the total number of units of all States.

(e) A State which is late in paying its contributions shall not exercise its right to vote in any body of the Union if the total amount of arrears reaches or exceeds the amount of contributions due to it during the preceding two full years. However, if the Agency considers that such default is due to extraordinary and unavoidable circumstances, it may allow the State to retain the exercise of its right to vote.

(f) If the budget has not been adopted before the beginning of the new fiscal year, the budget of the previous year may be deferred in accordance with the procedures laid down in the financial regulations.

(5) The amount of income due to the International Bureau for services rendered on behalf of the Union shall be determined by the Director-General, who shall report thereon to the General Conference and to the Executive Committee.

6.(a) The Union shall have a working capital fund consisting of a single payment by each Member State. If the Fund is insufficient, it shall be increased by decision of the General Assembly.

(b) The initial payment of each State to the said Fund, as well as additional contributions, shall be in proportion to the increase in its contribution for the year in which the Fund was established or decided.

(c) The proportion and manner of payment shall be determined by the Conference on the proposal of the Director-General and after consultation with the Coordinating Committee of WIPO.

7.(a) The location agreement with the State in which WIPO is located provides for advances from that State in the event that the Working Capital Fund is insufficient. The amount and conditions of the advance shall be determined by the State and WIPO respectively on each occasion. Take an ex officio seat in the meeting.

(b) Both the State referred to in subparagraph a and WIPO have the right to rescind the guarantee for the provision of advances by notice in writing. Such annulment shall take effect three years after the end of the year in which the notification was made.

(8) The audit of the accounts shall be carried out by one or more of the States members of the Union or by external auditors appointed by the General Assembly in accordance with the manner provided for in the financial Regulations.

Article 26

(1) Any Member of the Conference, the Executive Committee or the Director-General may propose amendments to Articles 22, 23, 24, 25 and this Article. These recommendations are communicated by the Director-General to the Member States of the General Conference at least six months prior to their submission to the General Conference for review.

(2) Amendments to the articles referred to in paragraph 1 shall be adopted by the General Assembly by three fourths of the votes required; Provided that any amendment to Article 22 and this paragraph shall be passed by four-fifths of the votes cast.

(3) Any amendment to the articles referred to in paragraph 1 shall not enter into force until at least one month after the Director-General has received written notification from three fourths of the States which were members of the Conference at the time of the adoption of the amendment ratifying the amendment in accordance with their respective constitutions. Amendments to these articles accepted in this way shall be binding on all States which are members of the General Assembly at the time the amendment enters into force or which subsequently become members; However, any amendment which increases the financial obligations of the members of the Union shall be binding only on those States which have notified their acceptance of such amendment.

Article 27

(1) This Convention may be amended in order to improve it and thus to complete the institutions of the Union.

(2) For this purpose, meetings of representatives of the States members of the Union may be held successively in one of the States members of the Union.

(3) Except as provided in Article 26 with respect to amendments to Articles 22 to 26, all amendments to this text, including amendments to the annexes, shall be subject to unanimous voting.

Article 28

1.(a) Any Member of the Union which has signed the act of this Convention may ratify it or, if it has not done so, accede to it. Instruments of ratification or accession are deposited with the Office of the Director-General.

(b) Any Member State of the Union may, in its instrument of ratification or accession, declare that Articles 1 to 21 and the annexes shall not apply to its ratification or accession; However, if the State has made a declaration under article 6, paragraph 1, of the Annex, it may, in the said document, declare only that its ratification or accession does not apply to articles 1 to 20.

(c) Any Member State of the Union which has declared under subparagraph b that its ratification or accession does not take effect in respect of the provisions referred to in that paragraph may at any time thereafter declare that it extends the effect of its ratification or accession to those provisions. This declaration is deposited with the Office of the Director-General.

2.(a) Articles 1 to 21 and the annexes shall enter into force three months after the fulfilment of the following two conditions:

(1) At least five Member States of the Union have ratified or acceded to the text of this Convention without making a declaration in accordance with paragraph 1 (b);

(2) France, Spain, the United Kingdom of Great Britain and Northern Ireland and the United States of America are bound by the Universal Copyright Convention, as amended at Paris on 24 July 1971.

(b) The entry into force referred to in subparagraph a shall have effect in respect of a Member State of the Union which has deposited its instrument of ratification or accession at least three months before its entry into force but has not made a declaration in accordance with subparagraph (b) of paragraph 1.

(c) Articles 1 to 21 and the annexes shall enter into force three months after the date of the deposit of the instrument of ratification or accession notified by the Director-General, unless a later date is indicated in the instrument of deposit, for all Member States of the Union to which subparagraph b does not apply which have ratified or acceded to this act of Convention and have not made a declaration in accordance with subparagraph 1 (b). In the latter case, Articles 1 to 21 and the annexes shall enter into force for that State on the date indicated.

(d) The provisions of subparagraphs a to c shall not affect the application of article 6 of the annex.

(3) For any Member State of the Union which ratifies or accedes to the Act of this Convention, whether or not it has made a declaration in accordance with paragraph 1 (b), Articles 22 to 38 shall enter into force three months after the date on which the Director-General has notified the deposit of the instrument of ratification or accession, unless a later date is indicated in the instrument of deposit. In the latter case, articles 22 to 38 shall enter into force for that State on the date indicated.

Article 29

(1) Non-Member States of the Union may accede to this Convention and become parties to this Convention and members of the Union. Accession to the Registry of the Director-General.

2.(a) Except as provided for in subparagraph b, for all States not members of the Union, this Convention shall enter into force three months after the date on which the Director-General has notified them of the deposit of their instrument of accession, unless a later date is indicated in the instrument of deposit. In the latter case, this Convention shall enter into force for that State on the date indicated.

(b) If the entry into force of the application of subparagraph a precedes the entry into force of the application of articles 1 to 21 of paragraph 2 (a) of article 28 and the annexes, in the intervening period, the said States shall be bound by Articles 1 to 20 of the Brussels Act of this Convention in lieu of Articles 1 to 21 and the annexes.

Article 29 bis Any State not bound by articles 22 to 38 of the Stockholm Act of this Convention ratifies or accedes to this Act for the sole purpose of applying Article 14, paragraph 2, of the Convention establishing WIPO, subject to the first purpose of Article 28, paragraph 1 (b), of that Act.

Article 30

(1) Subject to the exceptions permitted in paragraph 2 of this article, Article 28 (1) (b), article 33 (2) and the annexes, ratification or accession shall, of course, imply acceptance of all the provisions of this Convention and enjoyment of all the benefits provided for in this Convention.

2.(a) A State party to the Union which ratifies or accedes to the act of this Convention may, except as provided for in Article 5, paragraph 2, of the Annex, retain the benefit of the reservation it originally made, provided that it makes such a declaration at the time of deposit of its instrument of ratification or accession.

(b) All States not members of the Union, upon acceding to this Convention and subject to Article 5, paragraph 2, of the Annex, may declare that they are prepared to replace Article 8 of the text of this Convention on the right of translation, at least temporarily, by the provisions of Article 5 of the 1886 Convention of the Union, completed at Paris in 1896, provided that these provisions refer only to translations into the languages commonly used in that country. Subject to Article 1, paragraph 6 (b), of the Annex, any State shall be entitled to the same protection as that accorded to the latter State in respect of the right to translate works in which the State holding this reservation is the State of origin.

(c) Any State may withdraw such a reservation at any time by notification to the Director-General.

Article 31

(1) Any State may declare in its instrument of ratification or accession, or at any time thereafter notify the Director-General in writing, that this Convention applies to all or part of the territory for which it is responsible for its external relations, as specified in the declaration or notification.

(2) Any State which has made such a declaration or notification may at any time notify the Director-General that this Convention no longer applies to all or part of those Territories.

3.(a) Any declaration made in accordance with paragraph 1 shall enter into force at the same time as the ratification or accession in the document containing the declaration, and any notification made in accordance with that paragraph shall enter into force three months after the notification by the Director-General.

(b) A notification made in accordance with paragraph 2 shall enter into force twelve months after its receipt by the Director-General.

(4) Nothing in this Article shall be construed to mean the recognition or acquiescence by any Member of the Union of the de facto state of any territory to which this Convention applies by virtue of a declaration made by another Member of the Union pursuant to the application of paragraph 1.

Article 32

(1) This act supersedes the Berne Convention of 9 September 1886 and subsequent amendments thereto in relation to relations between the Member States of the Union and to the extent that it applies. In relation to the Member States of the Union that have not ratified or acceded to this act of the Convention, the act previously in force retains its applicability in its entirety, or to the extent that this act of the Convention cannot replace the previous act in accordance with the provisions of the preceding sentence.

(2) States not Members of the Union which are parties to this Act shall, except as provided for in paragraph 3, apply this Act to any Member State of the Union which is not bound by this Act or which, notwithstanding being bound by it, has made the declaration provided for in paragraph 1 (b) of Article 28. The above-mentioned States recognize that the Member State of the Union, in its relations with them: (1) applies the provisions of the most recent act to which it is bound, and (2) subject to the provisions of Article 1, paragraph 6, of the Annex, has the right to bring protection into conformity with the level provided for in the text of this Convention.

(3) Any State invoking any of the rights provided for in the Annex may apply, in its relations with any other Member State of the Union which is not bound by the text of this Convention, the provisions of the Annex relating to one or more of the rights it invoys, provided that such other Member State has accepted the application of the said provisions.

Article 33

(1) If a dispute between two or more States members of the Union concerning the interpretation or application of this Convention cannot be settled by negotiation, and if the States concerned cannot agree on other means of settlement, any of them may bring the dispute before the International Court of Justice by means of an indictment in accordance with the Statute of the Court. The prosecuting State bringing a dispute before the International Court of Justice shall notify the International Bureau, which shall inform the other States members of the Union of the matter.

(2) Any State may, at the time it signs the text of this Convention or deposits its instrument of ratification or accession, declare that it is not bound by the provisions of paragraph 1. The provisions of paragraph 1 shall not apply in respect of any dispute between that State and any other Member of the Union.

(3) Any State which has made a declaration in accordance with paragraph 2 May withdraw it at any time by notification to the Director-General.

Article 34

1. Subject to the provisions of Article 29 bis, no State may, after the entry into force of Articles 1 to 21 and the annexes, ratify or accede to previous versions of this Convention.

2. After the entry into force of Articles 1 to 21 and the annexes, no State shall make a declaration under Article 5 of the Protocol relating to Developing Countries annexed to the Stockholm Act.

Article 35

(1) This Convention shall enter into force indefinitely.

(2) Any State may abrogation this Act by notification to the Director-General. This waste?? This Convention shall remain in force and in force for the other members of the Union.

(3) The annulment shall take effect one year after the date of receipt of the notification by the Director General.

(4) No State shall exercise the right of annulment provided for in this Article if it has not been five years since it became a member of the Union.

Article 36

(1) All States parties to this Convention undertake, in accordance with their constitutions, to take the necessary measures to ensure the implementation of this Convention.

2. It is understood that a State, when bound by this Convention, shall give effect to the provisions of this Convention in accordance with its domestic law.

Article 37

1.(a) The text of this Convention is signed in a single text in two languages, English and French, which, except as provided for in paragraph 2, shall be kept by the Director-General.

(b) The Director-General, after consultation with the Governments concerned, shall prepare official texts in German, Arabic, Spanish, Italian and Portuguese, as well as in such other languages as may be designated by the General Conference.

(c) In the event of a dispute over the interpretation of texts in different languages, the French text shall prevail.

(2) The text of this Convention shall remain open for signature until 31 January 1972. Until that date, the texts referred to in paragraph 1 (a) are deposited with the Government of the French Republic.

(3) The Director General shall transmit two signed copies of this Convention to the Governments of all Member States of the Union and, upon request, to the Governments of any other State.

4. This text is transmitted by the Director-General to the United Nations Secretariat for registration.

(5) The Director General shall inform all Governments of the Member States of the Union of the following: Signature, deposit of instruments of ratification or accession, deposit of declarations made under Article 30, paragraphs 2 a and b, and article 33, paragraph 2, entry into force of all the provisions of the text of this Convention, The notice of repeal and the notification of application of Article 30, paragraph 2 (c), Article 31, paragraphs 1 and 2, Article 33, paragraph 3, and Article 38, paragraph 1, as well as the notices mentioned in the annexes.

Article 38

(1) States Members 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 may, if they so wish, exercise the rights provided for in the above-mentioned articles as if they were bound by them before 26 April 1975. Any State wishing to exercise these rights may, for this purpose, deposit with the Director-General a written notification which shall take effect on the date of receipt. Until that date, these States shall be considered members of the General Assembly.

(2) Until all the member States of the Union have become members of WIPO, the International Bureau of WIPO shall at the same time function as the Bureau of the Union, and the Director General shall be its Director.

(3) When all States members of the Union become members of WIPO, the rights, obligations and property of the Office of the Union shall be vested in the Office of WIPO.

attachments

Article one

1. Any State which, in accordance with the practice of the General Assembly of the United Nations, is considered to be a developing country and which has ratified or acceded to the text of this Convention of which this annex is an integral part but which, owing to its economic circumstances and social or cultural needs, is unable to make arrangements at the present time to ensure the protection of all the rights set out in that text, may, at the same time as it deposits its instrument of ratification or accession, Or, subject to Article 5, paragraph 1 (c), of the Annex, at any subsequent date, in a notification to the Director-General, declares that it will invoke the rights provided for in Article 2 of the Annex or in Article 3, or both. It may make a declaration in accordance with Article 5, paragraph 1 (a), of the Annex, in lieu of invoking the rights provided for in article 2 of the Annex.

2.(a) Any declaration made in accordance with paragraph 1 and notified prior to the expiration of a period of ten years counting from the date on which Articles 1 to 21 and this Annex enter into force under paragraph 2 of Article 28 shall remain valid until the expiration of such period. By submitting notifications to the Director-General not less than fifteen months and not less than three months before the expiry of the current ten-year period. This declaration may be renewed in whole or in part every ten years.

(b) Any declaration made in accordance with paragraph 1 and made after the expiration of ten years counting from the date on which Articles 1 to 21 and this Annex enter into force under Article 28, paragraph 2, shall remain valid until the expiration of the current ten years. The declaration may be extended in accordance with the second sentence of subparagraph a.

(3) Any State Member of the Union that is no longer considered to be a developing country within the meaning of paragraph 1 shall no longer be eligible for the extension of its declaration as provided for in paragraph 2, whether or not it formally withdraws its declaration, and shall lose the possibility of invoking the rights referred to in paragraph 1 at the expiration of the current period of ten years, or three years after it ceases to be considered a developing country, Both time frames are subject to the later expiration.

(4) At the time when a declaration made in accordance with the provisions of paragraph 1 or paragraph 2 ceases to take effect, copies made under a licence issued under the provisions of this Annex may continue to be issued until they are sold out, provided that such copies remain in stock.

5. Any State which is bound by the provisions of the text of this Convention and which has submitted a declaration or notification pursuant to article 31, paragraph 1, with respect to a particular territory whose situation may be similar to that of the State referred to in paragraph 1, may make the declaration referred to in paragraph 1 or the notice of extension referred to in paragraph 2 in respect of that territory. The provisions of this Annex shall apply to the territories to which it refers during the period in force of such declaration or notification.

6.(a) The fact that a State invokes any of the rights referred to in paragraph 1 shall not make the granting by another State of a work whose State of origin is the former State any less protection than would be accorded under Articles 1 to 20.

(b) The reciprocal rights provided for in the second sentence of Article 30, paragraph 2 (b), shall not apply until the expiry of the period of application under Article 1, paragraph 3, of the Annex, to works whose State of origin is a State which has made a declaration under Article 5, paragraph 1 (a), of the Annex.

Article 2

(1) Any State which declares that it is invoking the rights provided for in this article shall have the right, in respect of works published in printed form or in any other similar form of reproduction, to replace the exclusive right of translation provided for in article 8 with a non-exclusive and non-transferable licence issued by the competent authority in accordance with article 4 of the Annex on the following conditions.

2.(a) Except in the case of paragraph 3, if three years have elapsed since the first publication of a work, or a longer period provided for by the domestic law of that State, and the owner of the right of translation, or under his authority, has not published a translation in the language commonly used in that State, Any national of that State may obtain a licence to translate the work in the common language of that State and to publish the translation in printed form or in any other similar form of reproduction.

(b) A licence may also be granted under this article if all editions of the translation published in the language concerned have been sold out.

3.(a) If the translation is not a language in common use in one or more developed countries of the Union, the period of three years provided for in paragraph 2 (a) shall be replaced by one year.

(b) By unanimous agreement of the developed countries of the Union in which the same language is spoken, all the countries referred to in paragraph 1 May substitute the period of three years provided for in paragraph 2 (a) for the shorter period provided for in that agreement, but not less than one year, if translation into that language is to be undertaken. Nevertheless, the provisions of the previous sentence shall not apply if the language concerned is English, French or Spanish. All agreements in this regard shall be communicated to the Director-General by the Contracting Governments.

4.(a) A licence which requires a period of three years to be obtained under this article shall be issued only after a supplementary period of six months; A license that takes one year to obtain is subject to a supplementary period of nine months

(1) from the date on which the applicant fulfils the procedures prescribed in paragraph 1 of Article 4 of the Annex;

(2) If the identity or address of the owner of the right of translation is unknown, from the date on which the applicant sends a copy of his application to the competent authority that issued the licence in accordance with the provisions of Article 4, paragraph 2, of the Annex.

(b) A licence shall not be granted under this article if, during the period of six or nine months mentioned above, the translation is published by or with the authorization of the owner of the right of translation in the language to be used.

5. Any licence referred to in this section shall be granted only for teaching, study or research purposes.

6. If the price of a translation published by or authorized by the owner of the right of translation is similar to the price prevailing for similar works in the country concerned, and the language and essential content of the translation are the same as those of the translation published under the licence, the licence granted under this Article shall be revoked. Copies of works made before the revocation of the license may be issued until they are sold out.

7. For works consisting mainly of pictures, the license for the translation and publication of the text and the reproduction and publication of the pictures may be granted only if the conditions laid down in article 3 of the Annex are also fulfilled.

(8) No licence shall be granted under this Article when the author ceases the distribution of all copies of his work.

9.(a) A licence for the translation of a work that has been published in print or in any other similar form of reproduction may also be issued to a broadcaster based in a State referred to in paragraph 1 upon a request made by the broadcaster to the competent authority of that State, provided that all of the following conditions are met:

(1) The translation is based on a copy made and obtained in accordance with the laws of that country;

(2) The translation shall be used only for educational broadcasting or for disseminating the results of technical expertise or scientific research to specialists in a particular profession;

(3) The translation is used exclusively for the purposes referred to in head 2 and is made through lawful broadcasting to listeners in the territory of that State, including broadcasts lawfully made by sound or video recording exclusively for that purpose;

(4) All use of the translation shall not be of any commercial nature.

(b) Sound or video recordings of translations produced by a broadcaster under a licence issued under this paragraph may also be used, with the consent of such broadcaster, for the purposes and conditions set out in subparagraph A, by any other broadcaster located in the State of the competent authority which issued the licence.

(c) Broadcasters may also be granted a licence to translate all texts contained in audiovisual materials produced and published specifically for use in universities, secondary and primary schools, provided that all the criteria and conditions set out in subparagraph A are met.

(d) Subject to subparagraphs a to c, the provisions of the preceding paragraphs shall apply to the issuance and use of all licenses provided for in this paragraph.

Article 3

(1) Any State which declares that it is invoking the rights provided for in this Article shall be entitled to replace the exclusive reproduction rights provided for in Article 9 with a non-exclusive and non-transferable licence issued by the competent authority under the following conditions and in accordance with article 4 of the Annex.

2.(a) With respect to works to which this Article applies under paragraph 7, when (1) the period provided for in paragraph 3 expires from the date on which a particular edition of the work was first published, or (2) when a longer period provided for by national law referred to in paragraph 1 and calculated from the same date expires, if the reproduction of that edition of the work does not already have or is authorized by the owner of the reproduction right, If a work of the same kind is sold in that country at a price similar to that prevailing in that country, to meet the needs of the general public or of the teaching of schools, secondary schools or primary schools, any national of that country may obtain a licence to reproduce and publish it for the teaching of schools, secondary schools or primary schools at that price or less.

(b) Subject to the conditions set out in this article, a licence may also be granted for the reproduction and publication of a published version referred to in subparagraph A if, after the expiry of the applicable period, the authorized version of that edition has been out of stock in the country concerned for six months and cannot be used for traditional teaching in that country.

3. The period referred to in paragraph 2 (a) (I) shall be five years. But (1) for works relating to mathematics and natural sciences and technology, three years; (2) Novels, poems, plays and musical works, and books of fine art, for seven years.

4.(a) A licence which may be obtained after three years under this article shall not be issued until after the expiry of a period of six months, such period

(1) from the date on which the applicant fulfils the procedures prescribed in paragraph 1 of Article 4 of the Annex;

(2) If the identity or address of the owner of the right of reproduction is unknown, from the date on which the applicant sends a copy of his application submitted to the competent authority that issued the licence in accordance with the provisions of Article 4, paragraph 2, of the Annex.

(b) In other cases and where Article 4, paragraph 2, of the Annex applies, the permit shall not be issued before the expiration of three months from the date of sending a copy of the application.

(c) If, during the period of six or three months specified in subparagraphs a and b, the sale referred to in subparagraph 2 (a) occurs, no licence shall be granted under this Article.

(d) No licence shall be granted at a time when the author has ceased to distribute copies of all copies of the work in that edition for which he has applied for a licence for reproduction and publication.

(5) A licence to reproduce and publish a translation of a work shall not be granted under this Article if:

(1) The translation in question is not published by or under the authority of the owner of the translation right;

(2) The translation is not in the language commonly used in the country in which the license is requested.

(6) if a copy of a edition of a work is sold in the country referred to in paragraph 1, by or with the authorization of the owner of the right of reproduction, at a price similar to that of a similar work in that country, for the general public or for the teaching of schools, secondary schools or primary schools, and the language and essential content of the edition are the same as those of the edition published under the licence, All licences issued under this Article shall be revoked. Copies made before the revocation of the licence may be issued until they are sold out.

7.(a) Except as provided in subparagraph b, the works to which this Article applies are limited to works published in printed form or any other similar form of reproduction.

(b) This article also applies to a protected work or an audiovisual material containing a protected work reproduced in audiovisual form, as well as to a translation of a text part of that audiovisual material into a language commonly used in the country for which the licence is applied, provided that the audiovisual material in question is produced and published for the sole purpose of educational use in schools, secondary schools and primary schools.

Article 4

(1) Any licence referred to in Articles 2 or 3 of the Annex shall be granted only if the applicant proves, in accordance with the provisions in force in the country concerned, that he has, in various cases, made a request to the right holder for the translation and publication of the translation, or for the reproduction and publication of the version, and has not been authorized or, after considerable efforts, has not been able to locate the right holder. At the same time as making this request to the right holder, the applicant must also notify any national or international information centre referred to in paragraph 2 of this application.

(2) If the applicant is unable to locate the owner of the rights, a copy of the application submitted to the competent authority issuing the licence shall be sent by registered airmail to the publisher named on the work and to any national or international information centre designated in a notification to the Director General by the Government of the country in which the main centre of operations of the publisher is believed to be located.

(3) The author's name shall be listed on all reproductions of translations or copies published under licenses issued under articles 2 and 3 of the Annex. The title of the work should be on all reproductions. In case of translation, the original title shall in any case be listed on all copies.

4.(a) Any licence issued under article 2 or 3 of the Annex shall not extend to the export of copies and shall apply only to the publication of translations or copies, as the case may be, in the territory of the State for which the licence is applied.

(b) For the purposes of subparagraph a, any shipment of copies from any Territory to a State that has made a declaration on behalf of that Territory in accordance with Article 1, paragraph 5, shall be considered an export.

(c) When a governmental body or any other public body of a State that has issued a licence for a translation into a language other than English, Spanish or French under article 2 of the Annex sends copies of the translation published under that licence to another State, the shipment shall not be treated as an export for the purposes of subparagraph A, provided that all of the following conditions are met:

(1) The addressee must be an individual or an organization composed of nationals of the State of which the competent authority issuing the licence belongs;

(2) The reproduction is for teaching, learning or research purposes only;

(3) the reproduction is sent to the addressee and its further distribution is not of any commercial nature; moreover

(4) The State to which the reproduction is sent has an agreement with the State to which the competent authority has issued a licence authorizing the receipt or distribution of such reproduction, or both, and the Government of the latter State has notified the Director-General of the agreement.

5. All copies issued under a licence for publication under Article 2 or 3 of the Annex shall contain a notice in the relevant language stating that the copy may be issued only in the country or territory to which the licence applies.

6.(a) Make appropriate provisions at the national level to ensure that

(1) The license shall be granted to the owner of the right to translate or reproduce, depending on the circumstances, for a reasonable remuneration in accordance with the standard of royalties normally paid under licenses freely negotiated between individuals of the two countries concerned; moreover

(2) ensure the payment and transmission of such remuneration; Where State controls on exchange exist, the competent authorities shall make every effort, through international bodies, to ensure that such remuneration is transmitted in an internationally convertible currency or its equivalent.

(b) Appropriate measures shall be taken through national legislation to ensure the correct translation or accurate reproduction of the work in different circumstances.

Article 5

1.(a) Any State entitled to make a declaration of recourse to the rights provided for in article 2 of the Annex shall refrain from making such a declaration at the time of ratification or accession to the text of this Convention and substitute the following declaration:

(1) If it is the State to which Article 30 (2) (a) applies, make instead a declaration in accordance with the provisions of that article relating to the right to translation;

(2) If it is a State to which Article 30 (2) (a) does not apply, even if it is a member of the Union, it shall instead make a declaration in accordance with the first sentence of Article 30 (2) (b).

(b) In cases where a State is no longer considered to be a developing country for the purposes of Article 1, paragraph 1, of the Annex, a declaration made under this paragraph continues to be valid. Until the expiration of the period of application provided for in paragraph 3 of Article 1 of the Annex.

(c) All States that have made a declaration in accordance with this paragraph shall not thereafter use the rights provided for in article 2 of the annex, even after the declaration has been withdrawn.

2. Except in the case of paragraph 3, no State which has invoked the right provided for in article 2 of the Annex shall subsequently make a declaration under paragraph 1.

(3) Any State that is no longer considered to be a developing country within the meaning of Article 1, paragraph 1, of the Annex, may, at the latest two years before the expiration of the period of application of Article 1, paragraph 3, of the Annex, make a declaration in accordance with the first sentence of Article 30, paragraph 2, paragraph b, even if it is a member of the Alliance. This declaration shall enter into force on the date on which the period of application under Article 1, paragraph 3, of the Annex expires.

Article 6

(1) Any Member State of the Union may, from the date of the text of the Convention and at any time before it is bound by Articles 1 to 21 and this Annex, make the following declaration:

(1) A State which, once bound by Articles 1 to 21 and this Annex, is entitled to invoke the rights referred to in Article 1, paragraph 1, of the Annex, will apply the provisions of Article 2 or 3 of the Annex, or both, to works whose State of origin is a State which, in applying subparagraph 2 below, consents to the application of the above two articles to such works, Or the State is bound by Articles 1 to 21 and this Annex; This declaration could refer to article 5 of the annex instead of article 2;

(2) It agrees to the application of this Annex to works of which it is the State of origin by States which have made a declaration under subparagraph (1) above or have given a notification under Article 1 of the Annex.

(2) All declarations made in accordance with paragraph 1 shall be made in writing and deposited with the Director-General. The declaration shall take effect as of the date of deposit.