Berne Convention For The Protection Of Literary & Artistic Works (Stockholm Rev. 14 Jul 67; in United States

Berne Convention for the Protection of Literary & Artistic Works (Stockholm rev. 14 Jul 67

PROTOCOL REGARDING DEVELOPING COUNTRIES

ENTRY INTO FORCE: 29 January/26 February 1970

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,

Have resolved to revise and to complete the Act signed at Berne on
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, and revised at Brussels on June 26, 1948.

Consequently, the undersigned Plenipotentiaries, having presented their
full powers, recognized as in good and due form, have agreed as follows:

Article 1

The countries to which this Convention applies constitute a Union for the
protection of the rights of authors in their literary and artistic works.

Article 2

(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
relative to geography, topography, architecture or science.

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

(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 for the benefit of
the author and his successors in title.

(7) Subject to the provisions of Article 7 (4) 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
nor to miscellaneous facts having the character of mere items of press
information.

Article 2bis

(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 11bis (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

(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 of
the 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

The protection of this Convention shall apply, even if the conditions of
Article 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 of the
Union;
(b) authors of works of architecture, erected in a country of the Union
or of other artistic works incorporated in a building or other
structure located in a country of the Union.

Article 5

(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 do 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 of protection in the country of origin of the 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 of works 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 of the 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 of the Union, the country of origin
shall be that country.

Article 6

(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 of the first publication thereof,
nationals of the other country and are not habitually resident in one of
the countries of the Union. If the country of first 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 of the 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 of the 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 6bis

(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

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

(2) However, in the case of cinematographic works, the countries of the
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 of
such 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 paragraph (1). If the author of an anonymous or
pseudonymous work discloses his identity during the above-mentioned period,
the term of protection applicable shall be that provided in paragraph (1).
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 of works 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 paragraphs (2), (3) and (4), 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 1 st 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

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

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

(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

(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 be 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

(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 reserved. 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 extent justified by the
informatory purpose, be reproduced and made available to the public.

Article 11

(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.

(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 11bis

(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.

(3) In the absence of any contrary stipulation, permission granted in
accordance with paragraph (1) of this Article 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 of these recordings in official archives
may, on the ground of their exceptional documentary character, be
authorized by such legislation.

Article 11ter

(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

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

Article 13

(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 13 (3) of the Convention signed at Rome on June 2,
1928, and at Brussels on June 26, 1948, may be reproduced in that country
without the permission of the author of the musical work until a date two
years after that country becomes bound by this Act.

(3) Recordings made in accordance with paragraphs (1) and (2) 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

(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 artistic works shall, without prejudice
to the authorization of the author of the cinematographic production,
remain subject to the authorization of the authors of the original works.

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

Article 14bis

(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.

(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 subparagraph (b),
be in a written agreement or a written act of the same effect shall
be a matter for the legislation of the country where the maker of the
cinematographic work has his headquarters or habitual residence.
However, it shall be a matter for 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 paragraph (2) (b) above shall not be applicable to authors of
scenarios, dialogues and musical works created for the making of the
cinematographic work, nor to the principal director thereof. However, those
countries of the Union whose legislation does not contain rules providing
for the application of the said paragraph (2) (b) 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

(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 of the work subsequent to the first transfer by
the author of the 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

(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.

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

(3) In the case of anonymous and pseudonymous works, other than those
referred to in paragraph (1) 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 be 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 who 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 of
this 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 16

(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

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

(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 of the country
where protection is claimed, that work shall not be protected anew.

(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 by the abandonment of reservations.

Article 19

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 of the Union.

Article 20

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 other provisions not contrary to this Convention.
The provisions of existing agreements which satisfy these conditions shall
remain applicable.

Article 21

(1) Special provisions regarding developing countries are included in a
protocol entitled “Protocol Regarding Developing Countries.”

(2) Subject to the provisions of Article 28 (1) (b) (i) and (c), the
Protocol Regarding Developing Countries forms an integral part of the
present Act.

Article 22

(1) (a) The Union shall have an Assembly consisting of those 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:
(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 of the
Union which are not bound by Articles 22 to 26;
(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 of
the 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 triennial 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 for the 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 observers;
(x) adopt amendments to Articles 22 to 26;
(xi) take any other appropriate action designed to further the
objectives of the 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 subparagraph (b), 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 or 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 26 (2), the decisions of the
Assembly shall require two thirds of the votes cast.
(e) Abstentions shall not be considered as votes.
(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 third 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 of the 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 of one fourth of the countries members of the Assembly.

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

Article 23

(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 of Article 25 (7) (b), have an ex
officio seat on the Committee.
(b) The Government of each country member of the Executive Committee
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.

(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 triennial budget of the Union, prepared by the Director General;
(iii) approve, within the limits of the program and the triennial
budget, the specific yearly budgets and programs prepared by the
Director General;
(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 of the 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

(1) (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 of the 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
of the Union and shall represent the Union.

(2) The International Bureau shall assemble and publish information concern
ing the protection of copyright. 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 of the Assembly,
the Executive Committee, and any other committee of experts or working
group. The Director General, or a staff member designated by him, shall be
ex officio secretary of these bodies.

(7) (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

(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 to the Unions. The share of the 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 follows:

Class I 25
Class II 20
Class III 15
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 of which it is a
member if the amount of its arrears equals or exceeds the amount of
the 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 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.
(f) If the budget is not adopted before the beginning of a new financial
period, it shall be at the same level as the budget of the 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 of these 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 subparagraph (a) 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
countries of the Union or by external auditors, as provided in the
financial regulations. They shall be designated, with their agreement, by
the Assembly.

Article 26

(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 paragraph (1) shall be
adopted by the Assembly. Adoption shall require three-fourths of the votes
cast, provided that any amendment of Article 22, and of the present
paragraph, shall require four fifths of the votes cast.

(3) Any amendment to the Articles referred to in paragraph (1) 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, 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

(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 of Article 26 which apply to the amendment of
Articles 22 to 26, any revision of this Convention, including the Protocol
Regarding Developing Countries, shall require the unanimity of the votes
cast.

Article 28

(1) (a) Any country of the Union which has signed this Act may ratify it,
and, if it has not signed it, may accede to it. Instruments of
ratification and 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:
(i) to Articles 1 to 21 and the Protocol Regarding Developing
Countries, or
(ii) to Articles 22 to 26.
(c) If a country of the Union has already separately accepted the
Protocol Regarding Developing Countries in accordance with Article 5
of such Protocol, its declaration under item (i) of the preceding
subparagraph may relate only to Articles 1 to 20.
(d) Any country of the Union which, in accordance with subparagraphs (b)
and (c), has excluded from the effects of its ratification or
accession one of the two groups of provisions referred to in those
subparagraphs may at any later time declare that it extends the
effects of its ratification or accession to that group of provisions.
Such declaration shall be deposited with the Director General.

(2) (a) Subject to the provisions of Article 5 of the Protocol Regarding
Developing Countries, Articles 1 to 21 and the said Protocol shall
enter into force, with respect to the first five countries of the
Union which have deposited instruments of ratification or accession
without making the declaration permitted by paragraph (1) (b) (i),
three months after the deposit of the fifth such instrument of
ratification or accession.
(b) Articles 22 to 26 shall enter into force, with respect to the first
seven countries of the Union which have deposited instruments of
ratification or accession without making the declaration permitted by
paragraph (1) (b) (ii), three months after the deposit of the seventh
such instrument of ratification or accession.
(c) Subject to the initial entry into force, pursuant to the provisions
of subparagraphs (a) and (b), of each of the two groups of provisions
referred to in paragraph (1) (b) (i) and (ii), and subject to the
provisions of paragraph (1) (b), Articles 1 to 26 and the Protocol
Regarding Developing Countries shall, with respect to any country of
the Union, other than those referred to in subparagraphs (a) and (b),
which deposits an instrument of ratification or accession or any
country of the Union which deposits a declaration pursuant to
paragraph (1) (d), enter into force three months after the date of
notification by the Director General of such deposit, unless a
subsequent date has been indicated in the instrument or declaration
deposited. In the latter case, this Act shall enter into force with
respect to that country on the date thus indicated.
(d) The Protocol Regarding Developing Countries may be applied, pursuant
to Article 5 thereof, prior to the entry into force of this Act, from
the date of its signature.

(3) With respect to any country of the Union which deposits an instrument
of ratification or accession, Articles 27 to 38 shall enter into force on
the earlier of the dates on which any of the groups of provisions referred
to in paragraph (1) (b) enters into force with respect to that country
pursuant to paragraph (2) (a), (b) or (c).

Article 29

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

(2) (a) With respect to any country outside the Union which deposits its
instrument of accession one month or more before the date of entry
into force of any provisions of the present Act, this Act shall enter
into force, unless a subsequent date has been indicated in the
instrument of accession, on the date upon which provisions first
enter into force pursuant to Article 28 (2) (a) or (b); provided
that:
(i) if Articles 1 to 21 do not enter into force on that date, such
country shall, during the interim period before the entry into force
of such provisions, and in substitution therefor, be bound by
Articles 1 to 20 of the Brussels Act;
(ii) if Articles 22 to 26 do not enter into force on that date, such
country shall, during the interim period before the entry into force
of such provisions, and in substitution therefor, be bound by
Articles 21 to 24 of the Brussels Act.

If a country indicates a subsequent date in its instrument of
accession, this Act shall enter into force with respect to that
country on the date thus indicated.

(b) With respect to any country outside the Union which deposits its
instrument of accession on a date which is subsequent to, or precedes
by less than one month, the entry into force of one group of
provisions of the present Act, this Act shall, subject to the proviso
of subparagraph (a), enter into force three months after the date on
which its accession has been notified by the Director General, unless
a subsequent date has been indicated in the instrument of accession.
In the latter case, this Act shall enter into force with respect to
that country on the date thus indicated.

(3) With respect to any country outside the Union which deposits its
instrument of accession after the date of entry into force of the present
Act in its entirety, or less than one month before such date, this Act
shall enter into force three months after the date on which its accession
has been notified by the Director General, unless a subsequent date has
been indicated in the instrument of accession. In the latter case, this Act
shall enter into force with respect to that country on the date thus
indicated.

Article 30

(1) Subject to the possibilities of exceptions provided for in the
following paragraph, in Articles 28 (1) (b) and 33 (2), and in the Protocol
Regarding Developing Countries, ratification or accession shall
automatically entail acceptance of all the clauses and admission to all the
advantages of this Act.

(2) (a) Any country of the Union ratifying or acceding to this Act may
retain the benefit of the reservations it has previously formulated
on condition that it makes a declaration to that effect at the time
of the deposit of its instrument of ratification or accession.
(b) Any country outside the Union may, in acceding to this Act, declare
that it intends to substitute, temporarily at least, for Article 8
concerning the right of translation, the provisions of Article 5 of
the Union Convention of 1886, as revised in Paris in 1896, on the
clear understanding that the said provisions are applicable only to
translation into the language or languages of the said country. Any
country of the Union 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

(1) Any country may declare in its instrument of ratification or accession,
or may inform the Director General by written notification 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 of which 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.

(3) (a) Any declaration made under paragraph (1) shall take effect on the
same date as the ratification or accession in which it was included,
and any notification given under such paragraph shall take effect
three months after its notification by the Director General.
(b) Any notification given under paragraph (2) shall take effect twelve
months after its receipt by the Director General.

Article 32

(1) The present Act shall, as regards the 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 the present 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 the provisions of paragraph (3), apply it with respect to any
country of the Union not party to this Act or which, although party to this
Act, has made a declaration pursuant to Article 28 (1) (b) (i). Such
countries recognize that the said country of the Union, in its relations
with them:
(i) may apply the provisions of the most recent Act to which it is
party, and
(ii) has the right to adapt the protection to the level provided for
by this Act.

(3) Any country which, in ratifying or acceding to the present Act, has
made any or all of the reservations permitted under the Protocol Regarding
Developing Countries may apply them in its relations with other countries
of the Union which are not party to this Act or which, although party to
this Act, have made a declaration as permitted by Article 28 (1) (b) (i),
provided that the latter countries have accepted the application of the
said reservations.

Article 33

(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 of the 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 instrum
ent of ratification or accession, declare that it does not consider itself
bound by the provisions of paragraph ( 1). With regard to any dispute
between such country and any other country of the Union, the provisions of
paragraph (1) shall not apply.

(3) Any country having made a declaration in accordance with the provisions
of paragraph (2) may, at any time, withdraw its declaration by notification
addressed to the Director General.

Article 34

After the entry into force of this Act in its entirety, a country may not
accede to earlier Acts of this Convention.

Article 35

(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 of the Union.

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

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

Article 36

(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 deposits its instrument of
ratification or accession, it will be in a position under its domestic law
to give effect to the provisions of this Convention.

Article 37

(1) (a) This Act shall be signed in a single copy in the French and
English languages and shall be deposited with the Government of
Sweden.
(b) Official texts shall be established by the Director General, after
consultation with the interested Governments, in the 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 at Stockholm until January 13,
1968.

(3) The Director General shall transmit two copies, certified by the
Government of Sweden, 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 Director General shall notify the Governments of all countries of
the Union of signatures, deposits of instruments of ratification or accessi
on and any declarations included in such instruments or made pursuant to
Article 28 (1) (d), entry into force of any provisions of this Act, notific
ations of denunciation, and notifications pursuant to Article 31.

Article 38

(1) Until the first Director General assumes office, references in this Act
to the International Bureau of the Organization or to the Director General
shall be deemed to be references to the Bureau of the Union or its
Director, respectively.

(2) Countries of the Union not bound by Articles 22 to 26 may, until five
years after the entry into force of the Convention establishing the Organiz
ation, exercise, if they so desire, the rights provided under Articles 22
to 26 of this Act as if they were bound by those Articles. Any country
desiring to exercise such rights shall give written 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 expiration of the said period.

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

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

PROTOCOL REGARDING DEVELOPING COUNTRIES

Article 1

Any country regarded as a developing country in conformity with the establi
shed practice of the General Assembly of the United Nations which ratifies
or accedes to the Act of this Convention of which this Protocol 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 positio
n to make provision for the protection of all the rights as provided in the
Act may, by a notification deposited with the Director General, at the time
of making a ratification or accession, which includes Article 21 of the
Act, declare that it will, for a period of the first ten years during which
it is a party thereto, avail itself of any or all of the following
reservations:

(a) substitute for the term of fifty years referred to in paragraphs (1),
(2) and (3) of Article 7 of this Convention a different term,
provided that it shall not be less than twenty-five years; and
substitute for the term of twenty-five years referred to in paragraph
(4) of the said Article a different term, provided that it shall not
be less than ten years;
(b) substitute for Article 8 of this Convention the following provisions:
(i) authors of literary and artistic works protected by this
Convention shall enjoy in countries other than the country of origin
of their works 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. Nevertheless, the exclusive right of
translation shall cease to exist if the author shall not have availed
himself of it, during a term of ten years from the date of the first
publication of the original work, by publishing or causing to be
published, in one of the countries of the Union, a translation in the
language for which protection is to be claimed;
(ii) if, after the expiration of a period of three years from the
date of the first publication of a literary or artistic work, or of
any longer period determined by national legislation of the
developing country concerned, a translation of such work has not been
published in that country into the national or official or regional
language or languages of that country by the owner of the right of
translation or with his authorization, any national of such country
may obtain a non-exclusive license from the competent authority to
translate the work and publish the work so translated in any of the
national or official or regional languages in which it has not been
published; provided that such national, in accordance with the
procedure of the country concerned, establishes either that he has
requested, and been denied, authorization by the proprietor of the
right to make and publish the translation, or that, after due
diligence on his part, he was unable to find the owner of the right.
A license may also be granted on the same conditions if all previous
editions of a translation in such language in that country are out of
print;
(iii) if the owner of the right of translation cannot be found, then
the applicant for a license shall send copies of his application to
the publisher whose name appears on the work and, if the nationality
of the owner of the right of translation is known, to the diplomatic
or consular representative of the country of which such owner is a
national, or to the organization which may have been designated by
the Government of that country. The license shall not be granted
before the expiration of a period of two months from the date of the
dispatch of the copies of the application;
(iv) due provision shall be made by domestic legislation to assure to
the owner of the right of translation a just compensation, to assure
payment and transmittal of such compensation, subject to national
currency regulations, and to assure a correct translation of the
work;
(v) the original title and the name of the author of the work shall
be printed on all copies of the published translation. The license
shall be valid only for publication of the translation in the
territory of the country of the Union where it has been applied for.
Copies so published may be imported and sold in another country of
the Union if one of the national or official or regional languages of
such other country is the same language as that into which the work
has been so translated, and if the domestic law in such other country
makes provision for such licenses and does not prohibit such
importation and sale. Where the foregoing conditions do not exist,
the importation and sale of such copies in a country of the Union
shall be governed by its domestic law and its agreements. The license
shall not be transferable by the licensee;
(vi) the license shall not be granted when the author has withdrawn
from circulation all copies of the work;
(vii) should, however, the author avail himself of the right under
subparagraph (i) above during the term of ten years from the date of
first publication, the license shall terminate from the date on which
the author publishes or causes to be published his translation in the
country where the license has been granted, provided, however, that
any copies of the translation already made before the license is
terminated may continue to be sold;
(viii) should, however, the author not avail himself of the right
under subparagraph (i) above during the said term of ten years,
compensation under the non-exclusive license referred to above shall
cease to be due for any uses made after the expiry of such term;
(ix) should the author be entitled to exclusive translation rights in
a country by having published or caused to be published a translation
of the work in that country within ten years from the date of first
publication, but should thereafter during the term of the author’s
copyright in the work all editions of the authorized translation in
that country be out of print, then a non-exclusive license to
translate the work may be obtained from the competent authority in
the same manner and subject to the same conditions as are provided
with respect to the non-exclusive license referred to in
subparagraphs (ii) to (vi) above, but subject to the provisions of
subparagraph (vii) above;
(c) apply the provisions of Article 9 (1) of this Convention subject to
the following provisions:
(i) if, after the expiration of a period of three years from the date
of the first publication of a literary or artistic work, or of any
longer period determined by national legislation of the developing
country concerned, such work has not been published in that country
in the original form in which it was created, by the owner of the
right of reproduction or with his authorization, any national of such
country may obtain a non-exclusive license from the competent
authority to reproduce and publish such work for educational or
cultural purposes; provided that such national, in accordance with
the procedure of the country concerned, establishes either that he
has requested, and been denied, authorization by the proprietor of
the right to reproduce and publish such work for educational or
cultural purposes, or that, after due diligence on his part, he was
unable to find the owner of the right. A license may also be granted
on the same conditions if all previous editions of such work in its
said original form in that country are out of print;
(ii) if the owner of the right of reproduction cannot be found, then
the applicant for a license shall send copies of his application to
the publisher whose name appears on the work and, if the nationality
of the owner of the right of reproduction is known, to the diplomatic
or consular representative of the country of which such owner is a
national, or to the organization which may have been designated by
the Government of that country. The license shall not be granted
before the expiration of a period of two months from the date of the
dispatch of the copies of the application;
(iii) due provision shall be made by domestic legislation to assure
to the owner of the right of reproduction a just compensation, to
assure payment and transmittal of such compensation, subject to
national currency regulations, and to assure an accurate reproduction
of the work;
(iv) the original title and the name of the author of the work shall
be printed on all copies of the published reproduction. The license
shall be valid only for publication in the territory of the country
of the Union where it has been applied for. Copies so published may
be imported and sold in another country of the Union for educational
or cultural purposes if the domestic law in such other country makes
provision for such licenses and does not prohibit such importation
and sale. Where the foregoing conditions do not exist, the
importation and sale of such copies in a country of the Union shall
be governed by its domestic law and its agreements. The license shall
not be transferable by the licensee;
(v) the license shall not be granted when the author has withdrawn
from circulation all copies of the work;
(vi) should, however, the author avail himself of the right to
reproduce the work, the license shall terminate from the date on
which the author publishes or causes to be published his work in its
said original form in the country where the license has been granted,
provided, however, that any copies of the work already made before
the license is terminated may continue to be sold;
(vii) should the author publish or cause to be published his work in
its said original form in a country, but should thereafter during the
term of the author’ s copyright in the work all authorized editions
in such original form in that country be out of print, then a
nonexclusive license to reproduce and publish the work may be
obtained from the competent authority in the same manner and subject
to the same conditions as are provided with respect to the
non-exclusive license referred to in subparagraphs (i) to (v) above,
but subject to the provisions of subparagraph (vi) above;
(d) substitute for paragraphs (1) and (2) of Article 11bis of this
Convention the following provisions:
(i) authors of literary and artistic works shall enjoy the exclusive
right of authorizing the broadcasting of their works and the
communication to the public of the broadcast of the works if such
communication is made for profit-making purposes;
(ii) the national legislations of the countries of the Union may
regulate the conditions under which the right mentioned in the
preceding subparagraph shall be exercised, but the effect of those
conditions will be strictly limited to the countries which have put
them in force. Such conditions shall not in any case prejudice the
moral rights of the author, nor the right which belongs to the author
to obtain an equitable remuneration which shall be fixed, failing
agreement, by the competent authority;
(e) reserve the right, exclusively for teaching, study and research in
all fields of education, to restrict the protection of literary and
artistic works, provided due provision shall be made by domestic
legislation to assure to the author a compensation which conforms to
standards of payment made to national authors; the payment and
transmittal of such compensation shall be subject to national
currency regulations. Copies of a work published pursuant to
reservations under this paragraph may be imported and sold in another
country of the Union for purposes as aforesaid if that country has
invoked the said reservations and does not prohibit such importation
and sale. Where the foregoing conditions do not exist, the
importation and sale of such copies in a country of the Union which
cannot take advantage of this Protocol are prohibited in the absence
of agreement of the author or his successor in title.

Article 2

Any country which no longer needs to maintain any or all of the
reservations made in accordance with Article 1 of this Protocol shall
withdraw such reservation or reservations by notification deposited with
the Director General.

Article 3

Any country which has made reservations in accordance with Article 1 of
this Protocol, and which at the end of the period of ten years prescribed
therein, having regard to its economic situation and its social or cultural
needs, still does not consider itself in a position to withdraw the reserva
tions under the said Article 1, may continue to maintain any or all of the
reservations until it ratifies or accedes to the Act adopted by the next
revision conference of this Convention.

Article 4

If, in conformity with the established practice of the General Assembly of
the United Nations, a country should cease to be regarded as a developing
country, the Director General shall give notification of such cessation to
the country concerned and to all of the other countries of the Union. At
the expiry of a period of six years from the date of such notification the
said country shall no longer have the right to maintain any of the
reservations under this Protocol.

Article 5

(1) Any country of the Union may declare, as from the signature of this
Convention, and at any time before becoming bound b~ Articles 1 to 21 of
this Convention and by this Protocol,

(a) in the case of a country referred to in Article 1 of this Protocol,
that it intends to apply the provisions of this Protocol to works
whose country of origin is a country of the Union which admits the
application of the reservation under the Protocol, or
(b) that it admits the application of the provisions of the Protocol to
works of which it is the country of origin by countries which, on
becoming bound by Articles 1 to 21 of this Convention and by this
Protocol, or on making a declaration of application of this Protocol
by virtue of the provision of subparagraph (a), have made
reservations permitted under this Protocol.

(2) The declaration shall be made in writing and shall be deposited with
the Director General. The declaration shall become effective from the date
it is deposited.

Article 6

Any country which is bound by the provisions of this Protocol and which has
made a declaration or notification under Article 31 (1) of this Convention
in respect of territories which, on the date of the signature of this
Convention, are not responsible for their external relations, and the
situation of which can be regarded as analogous to that of the countries
referred to in Article 1 of this Protocol, may notify the Director General
that the provisions of this Protocol shall apply to all or part of those
territories and may in such notification declare that any such territory
will avail itself of any or all of the reservations permitted by this
Protocol.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have
signed this Act.

DONE at Stockholm, on July 14, 1967.