Section 108p. 108

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(i)

the translation is made from a copy made and

acquired in accordance with the laws of the said country;

(ii) the translation is only for use in broadcasts intended

exclusively for teaching or for the dissemination of the

results of specialized technical or scientific research to

experts in a particular profession;

(iii) the translation is used exclusively for the purposes

referred to in condition (ii) through broadcasts made

lawfully and intended for recipients on the territory of the

said country, including broadcasts made through the

medium

of

sound or visual recordings lawfully and

exclusively made for the purpose of such broadcasts;

(iv) all uses made of the translation are without any

commercial purpose.

(b) Sound or visual recordings of a translation which was

made by a broadcasting organization under a license

granted by virtue of this paragraph may, for the purposes

and subject to the conditions referred to in subparagraph

(a) and with the agreement of that organization, also be

used by any other broadcasting organization having its

headquarters in the country whose competent authority

granted the license in question.

(c) Provided that all of the criteria and conditions set out

in subparagraph ( a ) are met, a license may also be

granted to a broadcasting organization to translate any

text incorporated in an audio-visual fixation where such

fixation was itself prepared and published for the sole

purpose of being used in connection with systematic

instructional activities.

(d) Subject to subparagraphs ( a ) to ( c ), the provisions of

the preceding paragraphs shall apply to the grant and

exercise of any license granted under this paragraph.

ARTICLE III

Limitation on the Right of Reproduction : 1 . Licenses

Grantable by Competent Authority ; 2 . to 5 .

Conditions Allowing the Grant of such Licenses ; 6 .

Termination of Licenses ;

7 . Works to which this Article Applies

(1) Any country which has declared that it will avail itself of

the faculty provided for in this Article shall be entitled to

substitute for the exclusive right of reproduction provided

for

in

Article

9

a

system

of

non-exclusive

and

non-transferable

licenses, granted by the competent

authority under the following conditions and subject to

Article IV.

(2) (a) If, in relation to a work to which this Article applies

by virtue of paragraph (7), after the expiration of

(i)

the

relevant

period

specified

in

paragraph

(3),

commencing

on

the

date

of

first

publication

of

a

particular edition of the work, or

(ii) any longer period determined by national legislation of

the country referred to in paragraph (1), commencing on

the same date, copies of such edition have not been

distributed in that country to the general public or in

connection 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 country for comparable works,

any national of such country may obtain a license to

reproduce and publish such edition at that or a lower

price for use in connection with systematic instructional

activities.

(b) A license to reproduce and publish an edition which

has been distributed as described in subparagraph ( a )

may also be granted under the conditions provided for in

this Article if, after the expiration of the applicable period,

no authorized copies of that edition have been on sale for

a period of six months in the country concerned to the

general

public

or

in

connection

with

systematic

instructional activities at a price reasonably related to that

normally charged in the country for comparable works.

(3) The period referred to in paragraph (2)(a)( i ) 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.

(4) (a) No license obtainable after three years shall be

granted under this Article until a period of six months has

elapsed

(i) from the date on which the applicant complies with

the requirements mentioned in Article IV(1), or

(ii) where the identity or the address of the owner of the

right of reproduction is unknown, from the date on which

the applicant sends, as provided for in Article IV(2), copies

of his application submitted to the authority competent

to grant the license.

(b) Where licenses are obtainable after other periods and

Article IV(2) is applicable, no license shall be granted until

a period of three months has elapsed from the date of

the dispatch of the copies of the application.

(c) If, during the period of six or three months referred to

in subparagraphs ( a ) and ( b ), a distribution as described

in paragraph (2)( a ) has taken place, no license shall be

granted under this Article.

(d)

No

license

shall

be

granted

if

the

author

has

withdrawn from circulation all copies of the edition for

the reproduction and publication of which the license has

been applied for.

(5) A license 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, or

(ii) where the translation is not in a language in general

use in the country in which the license is applied for.

(6) If copies of an edition of a work are distributed in the

country referred to in paragraph (1) to the general public

or in connection 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 country for comparable works,

any license granted under this Article shall terminate if

such

edition

is

in

the

same

language

and

with

substantially the same content as the edition which was

published under the said license. Any copies already

made before the license terminates may continue to be

distributed until their stock is exhausted.

(7) (a) Subject to subparagraph ( b ), the works to which

this Article applies shall be limited to works published in

printed or analogous forms of reproduction.

(b) This Article shall also apply to the reproduction in

audio-visual 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 country in which the license is

applied

for,

always

provided

that

the

audio-visual

fixations in question were prepared and published for the

sole purpose of being used in connection with systematic

instructional activities.

ARTICLE IV

Provisions Common to Licenses Under Articles II and /II : 1 .

and 2 . Procedure ;

3 . Indication of Author and Title of Work ; 4 . Exportation of

Copies ; 5 . Notice; 6 . Compensation

(1) A license under Article II or Article III may be granted

only if the applicant, in accordance with the procedure of

the country concerned, establishes either that he has

requested, and has been denied, authorization by the

owner of the right to make and publish the translation or

to reproduce and publish the edition, as the case may be,

© Compiled by RGL

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