Section 109p. 109

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

or that, after due diligence on his part, he was unable to

find the owner of the right. At the same time as making

the request, the applicant shall inform any national or

international information center referred to in paragraph

(2).

(2) If the owner of the right cannot be found, the

applicant for a license shall send, by registered airmail,

copies of his application, submitted to the authority

competent to grant the license, to the publisher whose

name appears on the work and to any national or

international information center which may have been

designated, in a notification to that effect deposited with

the Director General, by the Government of the country in

which the publisher is believed to have his principal place

of business.

(3) The name of the author shall be indicated on all copies

of the translation or reproduction published under a

license granted under Article II or Article III. The title of

the work shall appear on all such copies. In the case of a

translation, the original title of the work shall appear in

any case on all the said copies.

(4) (a) No license granted under Article II or Article III shall

extend to the export of copies, and any such license shall

be valid only for publication of the translation or of the

reproduction, as the case may be, in the territory of the

country in which it has been applied for.

(b) For the purposes of subparagraph ( a ), the notion of

export shall include the sending of copies from any

territory to the country which, in respect of that territory,

has made a declaration under Article 1(5).

(c) Where a governmental or other public entity of a

country which has granted a license to make a translation

under Article II into a language other than English,

French or Spanish sends copies of a translation published

under such license to another country, such sending of

copies shall not, for the purposes of subparagraph (a), be

considered to constitute export if all of the following

conditions are met:

(i) the recipients are individuals who are nationals of the

country whose competent authority has granted the

license, or organizations grouping such individuals;

(ii) the copies are to be used only for the purpose of

teaching, scholarship or research;

(iii) the sending of the copies and their subsequent

distribution

to recipients is without any commercial

purpose; and

(iv) the country to which the copies have been sent has

agreed with the country whose competent authority has

granted the license to allow the receipt, or distribution, or

both, and the Director General has been notified of the

agreement by the Government of the country in which

the license has been granted.

(5) All copies published under a license granted by virtue

of Article II or Article III shall bear a notice in the

appropriate language stating that the copies are available

for distribution only in the country or territory to which

the said license applies.

(6) (a) Due provision shall be made at the national level to

ensure

(i) that the license provides, in favour of the owner of the

right of translation or of reproduction, as the case may be,

for just compensation that is consistent with standards of

royalties normally operating on licenses freely negotiated

between persons in the two countries concerned, and

(ii) payment and transmittal of the compensation: 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.

(b) Due provision shall be made by national legislation to

ensure a correct translation of the work, or an accurate

reproduction of the particular edition, as the case may be.

ARTICLE V

Alternative Possibility for Limitation of the Right of

Translation 1 . Regime Provided for Under

the 1886 and 1896 Acts ; 2 . No Possibility of Change to

Regime Under Article II ;

3 . Time Limit for Choosing the Alternative Possibility

(1) (a) Any country entitled to make a declaration that it

will avail itself of the faculty provided for in Article II may,

instead, at the time of ratifying or acceding to this Act.

(i) if it is a country to which Article 30(2)( a ) applies, make a

declaration under that provision as far as the right of

translation is concerned;

(ii) if it is a country to which Article 30(2)( a ) does not apply,

and even if it is not a country outside the Union, make a

declaration

as

provided

for

in

Article

30(2)(b),

first

sentence.

(b) In the case of a country which ceases to be regarded

as a developing country as referred to in Article I(1), a

declaration made according to this paragraph shall be

effective until the date on which the period applicable

under Article 1(3) expires.

(c) Any country which has made a declaration according

to this paragraph may not subsequently avail itself of the

faculty provided for in Article II even if it withdraws the

said declaration.

(2) Subject to paragraph (3), any country which has

availed itself of the faculty provided for in Article II may

not

subsequently

make

a

declaration

according

to

paragraph (1).

(3) Any country which has ceased to be regarded as a

developing country as referred to in Article I(1) may, not

later than two years prior to the expiration of the period

applicable under Article 1(3), make a declaration to the

effect provided for in Article 30(2)( b ), first sentence,

notwithstanding the fact that it is not a country outside

the Union. Such declaration shall take effect at the date

on which the period applicable under Article 1(3) expires.

ARTICLE VI

Possibilities of Applying, or Admitting the Application of

Certain Provisions of the Appendix

Before Becoming Bound by It : 1 . Declaration ; 2 .

Depository and Effective Date of Declaration

(1) Any country of the Union may declare, as from the

date of this Act, and at any time before becoming bound

by Articles 1 to 21 and this Appendix:

(i) If it is a country which, were it bound by Articles 1 to 21

and this Appendix, would be entitled to avail itself of the

faculties referred to in Article 1(1), that it will apply the

provisions of Article II or of Article III or of both to works

whose country of origin is a country which, pursuant to (ii)

below, admits the application of those Articles to such

works, or which is bound by Articles 1 to 21 and this

Appendix; such declaration may, instead of referring to

Article II, refer to Article V;

(ii) that it admits the application of this Appendix to works

of which it is the country of origin by countries which

have made a declaration under (i) above or a notification

under Article 1.

(2) Any declaration made under paragraph (1) shall be in

writing and shall be deposited with the Director General.

The declaration shall become effective from the date of

its deposit.

(Berne Convention for the Protection of Literary and

Artistic Works, [July 24, 1971])

Convention Concerning Decent Work for

Domestic Workers

June 16, 2011

© Compiled by RGL

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