Section 100p. 100

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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

Certain Rights in Literary Works : 1 . Right of Public

Recitation and of Communication to the Public of a

Recitation ;

2 . In Respect of Translations

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

of authorizing:

(i) the public recitation of their works, including such

public recitation by any means or process;

(ii) any communication to the public of the recitation of

their works.

(2) Authors of literary works shall enjoy, during the full

term of their rights in the original works, the same rights

with respect to translations thereof.

ARTICLE 12

Right of Adaptation, Arrangement and Other Alteration

Authors

of

literary

or

artistic works shall enjoy the

exclusive right of authorizing adaptations, arrangements

and other alterations of their works.

ARTICLE 13

Possible Limitation of the Right of Recording of Musical

Works and Any Words Pertaining Thereto : 1 . Compulsory

Licenses ; 2 . Transitory Measures ; 3 . Seizure on

Importation of Copies Made Without the Author's

Permission

(1) Each country of the Union may impose for itself

reservations

and

conditions

on

the

exclusive

right

granted to the author of a musical work and to the author

of any words, the recording of which together with the

musical work has already been authorized by the latter, to

authorize the sound recording of that musical work,

together with such words, if any; but all such reservations

and conditions shall apply only in the countries which

have imposed them and shall not, in any circumstances,

be prejudicial to the rights of these authors to obtain

equitable

remuneration

which,

in

the

absence

of

agreement, shall be fixed by competent authority.

(2) Recordings of musical works made in a country of the

Union in accordance with Article 13(3) of the Conventions

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

Cinematographic and Related Rights : 1 .

Cinematographic Adaptation and Reproduction ;

Distribution ;

Public Performance and Public Communication by Wire

of Works thus Adapted or Reproduced ;

2 . Adaptation of Cinematographic Productions ; 3 . No

Compulsory Licenses

(1) Authors of literary or artistic works shall have the

exclusive right of authorizing:

(i) the cinematographic adaptation and reproduction of

these works, and the distribution of the works thus

adapted or reproduced;

(ii) the public performance and communication to the

public by wire of the works thus adapted or reproduced.

(2) The adaptation into any other artistic form of a

cinematographic

production

derived from literary or

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

Special Provisions Concerning Cinematographic Works : 1 .

Assimilation to "Original" Works ;

2 . Ownership ; Limitation of Certain Rights of Certain

Contributors ; 3 . Certain Other Contributors

(1) Without prejudice to the copyright in any work which

may

have

been

adapted

or

reproduced,

a

cinematographic work shall be protected as an original

work. The owner of copyright in a cinematographic work

shall enjoy the same rights as the author of an original

work, including the rights referred to in the preceding

Article.

(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. cda

(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, or to the principal director thereof. However, those

countries of the Union whose legislation does not contain

rules providing for the application of the said 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

" Droit de Suite" in Works of Art and Manuscripts : 1 . Right

to an Interest in Resales ; 2 . Applicable Law ; 3 . Procedure

(1)

The

author,

or

after

his

death

the

persons

or

institutions authorized by national legislation, shall, with

© Compiled by RGL

100 of 163