Universal Copyright Convention as revised at Paris in the United States

Article V quater.

1. Any Contracting State to which article V bis (1)
applies may adopt the following provisions:
(a) If, after the expiration of (i) the relevant period specified in
sub-paragraph (c) commencing from the date of first publication of a
particular edition of a literary, scientific or artistic work referred to
in paragraph 3, or (ii) any longer period determined by national
legislation of the State, copies of such edition have not been distributed
in that State to the general public or in connexion with systematic
instructional activities at a price reasonably related to that normally
charged in the State for comparable works, by the owner of the right of
reproduction or with his authorization, any national of such State may
obtain a non-exclusive licence from the competent authority to publish such
edition at that or a lower price for use in connexion with systematic
instructional activities. The licence may only be granted if such national,
in accordance with the procedure of the State concerned, establishes either
that he has requested, and been denied, authorization by the proprietor of
the right to publish such work, or that, after due diligence on his part,
he was unable to find the owner of the right. At the same time as he makes
his request he shall inform either the international copyright information
centre established by the United Nations Educational, Scientific and
Cultural Organization or any national or regional information centre
referred to in subparagraph (d).
(b) A licence may also be granted on the same conditions if, for a period
of six months, no authorized copies of the edition in question have been on
sale in the State concerned to the general public or in connexion with
systematic instructional activities at a price reasonably related to that
normally charged in the State for comparable works.
(c) The period referred to in sub-paragraph (a) shall be five years except
that:
(i) for works of the natural and physical sciences, including
mathematics, and of technology, the period shall be three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the
period shall be seven years.
(d) If the owner of the right of reproduction cannot be found, the
applicant for a licence shall send, by registered air mail, copies of his
application to the publisher whose name appears on the work and to any
national or regional information centre identified as such in a
notification deposited with the Director-General by the State in which the
publisher is believed to have his principal place of business. In the
absence of any such notification, he shall also send a copy to the
international copyright information centre established by the United
Nations Educational, Scientific and Cultural Organization. The licence
shall not be granted before the expiration of a period of three months from
the date of dispatch of the copies of the application.
(e) Licences obtainable after three years shall not be granted under this
article:
(i) until a period of six months has elapsed from the date of the request
for permission referred to in sub-paragraph (a) or, if the identity
or address of the owner of the right of reproduction is unknown, from
the date of the dispatch of the copies of the application for a
licence referred to in sub-paragraph (d);
(ii) if any such distribution of copies of the edition as is mentioned in
sub-paragraph (a) has taken place during that period.
(f) The name of the author and the title of the particular edition of the
work shall be printed on all copies of the published reproduction. The
licence shall not extend to the export of copies and shall be valid only
for publication in the territory of the Contracting State where it has been
applied for. The licence shall not be transferable by the licensee.
(g) Due provision shall be made by domestic legislation to ensure an
accurate reproduction of the particular edition in question.
(h) A licence to reproduce and publish a translation of a work shall not be
granted under this article in the following cases:
(i) where the translation was not published by the owner of the right of
translation or with his authorization;
(ii) where the translation is not in a language in general use in the
State with power to grant the licence.

2. The exceptions provided for in paragraph 1 are subject to the following
additional provisions:
(a) Any copy published in accordance with a licence granted under this
article shall bear a notice in the appropriate language stating that the
copy is available for distribution only in the Contracting State to which
the said licence applies. If the edition bears the notice specified in
article III (1), the copies shall bear the same notice.
(b) Due provision shall be made at the national level to ensure:
(i) that the licence provides for just compensation that is consistent
with standards of royalties normally operating in the case of
licences freely negotiated between persons in the two countries
concerned; and
(ii) payment and transmittal of the compensation; however. should national
currency regulations intervene, the competent authority shall make
all efforts, by the use of international machinery, to ensure
transmittal in internationally convertible currency or its
equivalent.
(c) Whenever copies of an edition of a work are distributed in the
Contracting State to the general public or in connexion with systematic
instructional activities, by the owner of the right of reproduction or with
his authorization, at a price reasonably related to that normally charged
in the State for comparable works, any licence granted under this article
shall terminate if such edition is in the same language and is
substantially the same in content as the edition published under the
licence. Any copies already made before the licence is terminated may
continue to be distributed until their stock is exhausted.
(d) No licence shall be granted when the author has withdrawn from
circulation all copies of the edition in question.

3. (a) Subject to sub-paragraph (b), the literary, scientific or artistic
works to which this article applies shall be limited to works published in
printed or analogous forms of reproduction.
(b) The provisions of this article shall also apply to reproduction in
audiovisual form of lawfully made audio-visual fixations including any
protected works incorporated therein and to the translation of any
incorporated text into a language in general use in the State with power to
grant the licence; always provided that the audio-visual fixations in
question were prepared and published for the sole purpose of being used in
connexion with systematic instructional activities.

Article VI.

“Publication”, as used in this Convention, means the
reproduction in tangible form and the general distribution to the public of
copies of a work from which it can be read or otherwise visually perceived.
Article VII. This Convention shall not apply to works or rights in works
which, at the effective date of this Convention in a Contracting State
where protection is claimed, are permanently in the public domain in the
said Contracting State.