Section 101p. 101

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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

Right to Enforce Protected Rights : 1 . Where Author's

Name is Indicated or Where Pseudonym Leaves

No Doubt as to Author's Identity ; 2 . In the Case of

Cinematographic Works ;

3 . In the Case of Anonymous and Pseudonymous Works ;

4 . In the Case of Certain Unpublished Works of Unknown

Authorship

(1) In order that the author of a literary or artistic work

protected by this Convention shall, in the absence of

proof

to

the

contrary,

be

regarded

as

such,

and

consequently

be

entitled

to

institute

infringement

proceedings in the countries of the Union, it shall be

sufficient for his name to appear on the work in the usual

manner. This paragraph shall be applicable even if this

name is a pseudonym, where the pseudonym adopted by

the author leaves no doubt as to his identity.

(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 he shall be entitled to

protect and enforce the author's rights. The provisions of

this paragraph shall cease to apply when the author

reveals

his

identity

and

establishes

his

claim

to

authorship of the work.

(4) (a) In the case of unpublished works where the

identity of the author is unknown, but where there is

every ground to presume that he is a national of a

country of the Union, it shall be a matter for legislation in

that country to designate the competent authority which

shall represent the author and shall be entitled to protect

and enforce his rights in the countries of the Union.

(b) Countries of the Union which make such designation

under the terms 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

Infringing Copies : 1 . Seizure ; 2 . Seizure on Importation ; 3 .

Applicable Law

(1) Infringing copies of a work shall be liable to seizure in

any country of the Union where the work enjoys legal

protection.

(2) The provisions of the preceding paragraph shall also

apply to reproductions coming from a country where the

work is not protected, or has ceased to be protected.

(3) The seizure shall take place in accordance with the

legislation of each country.

ARTICLE 17

Possibility of Control of Circulation, Presentation and

Exhibition of Works

The provisions of this Convention cannot in any way affect

the right of the Government of each country of the Union

to permit, to control, or to prohibit, by legislation or

regulation, the circulation, presentation, or exhibition of

any work or production in regard to which the competent

authority may find it necessary to exercise that right.

ARTICLE 18

Works Existing on Convention's Entry Into Force : 1 .

Protectable where Protection Not Yet Expired

in Country of Origin ; 2 . Non-protectable where Protection

Already Expired in Country where it is Claimed ;

3 . Application of these Principles ; 4 . Special Cases

(1) This Convention shall apply to all works which, at the

moment of its coming into force, have not yet fallen into

the public domain in the country of origin through the

expiry of the term of protection.

(2)

If,

however,

through

the

expiry

of

the

term of

protection which was previously granted, a work has

fallen into the public domain 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 insofar 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

Protection Greater than Resulting from Convention

The provisions of this Convention shall not preclude the

making of a claim to the benefit of any greater protection

which may be granted by legislation in a country of the

Union.

ARTICLE 20

Special Agreements Among Countries of the Union

The Governments of the countries of the Union reserve

the

right

to

enter

into

special

agreements

among

themselves, insofar 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

Special Provisions Regarding Developing Countries : 1 .

Reference to Appendix ; 2 . Appendix Part of Act

(1) Special provisions regarding developing countries are

included in the Appendix.

(2)

Subject

to

the

provisions

of Article 28(1)(b), the

Appendix forms an integral part of this Act.

ARTICLE 22

Assembly : Constitution and Composition ; 2 . Tasks ; 3 .

Quorum, Voting, Observers ;

4 . Convocation ; 5 . Rules of Procedure

(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;

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