Section 98p. 98

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

The protection of this Convention shall apply, even if the

conditions of Article 3 are not fulfilled, to:

(a) authors of cinematographic works the maker of which

has his headquarters or habitual residence in one of the

countries of the Union;

(b) authors of works of architecture erected in a country

of the Union or of other artistic works incorporated in a

building or other structure located in a country of the

Union.

ARTICLE 5

Rights Guaranteed : 1 . and 2 . Outside the country of origin ;

3 . In the country of origin ; 4 . "Country of origin"

(1) Authors shall enjoy, in respect of works for which they

are protected under this Convention, in countries of the

Union other than the country of origin, the rights which

their respective laws do now or may hereafter grant to

their nationals, as well as the rights specially granted by

this Convention.

(2) The enjoyment and the exercise of these rights shall

not be subject to any formality; such enjoyment and such

exercise

shall

be

independent

of

the

existence

of

protection

in

the

country

of

origin

of

the

work.

Consequently,

apart

from

the

provisions

of

this

Convention, the extent of protection, as well as the means

of redress afforded to the author to protect his rights,

shall be governed exclusively by the laws of the country

where protection is claimed.

(3) Protection in the country of origin is governed by

domestic law. However, when the author is not a national

of the country of origin of the work for which he is

protected under this Convention, he shall enjoy in that

country the same rights as national authors.

(4) The country of origin shall be considered to be:

(a) in the case of works first published in a country of the

Union, that country; in the case of works published

simultaneously in several countries of the Union which

grant different terms of protection, the country whose

legislation grants the shortest term of protection;

(b) in the case of works published simultaneously in a

country outside the Union and in a country of the Union,

the latter country;

(c) in the case of unpublished works or of works first

published

in

a

country

outside

the

Union,

without

simultaneous publication in a country of the Union, the

country of the Union of which the author is a national,

provided that:

(i) when these are cinematographic works the maker of

which has his headquarters or his habitual residence in a

country of the Union, the country of origin shall be that

country, and

(ii) when these are works of architecture erected in a

country of the Union or other artistic works incorporated

in a building or other structure located in a country of the

Union, the country of origin shall be that country.

ARTICLE 6

Possible Restriction of Protection in Respect of Certain

Works of Nationals of Certain Countries Outside the

Union :

1 . In the country of the first publication and in other

countries ; 2 . No retroactivity ; 3 . Notice

(1) Where any country outside the Union fails to protect in

an adequate manner the works of authors who are

nationals of one of the countries of the Union, the latter

country may restrict the protection given to the works of

authors who are, at the date of the first publication

thereof, nationals of the other country and are not

habitually resident in one of the countries of the Union. If

the country of first publication avails itself of this right,

the other countries of the Union shall not be required to

grant to works thus subjected to special treatment a

wider protection than that granted to them in the

country of first publication.

(2) No restrictions introduced by virtue of the preceding

paragraph shall affect the rights which an author may

have acquired in respect of a work published in a country

of the Union before such restrictions were put into force.

(3) The countries of the Union which restrict the grant of

copyright in accordance with this Article shall give notice

thereof to the Director General of the World Intellectual

Property Organization (hereinafter designated as "the

Director General") by a written declaration specifying the

countries in regard to which protection is restricted, and

the restrictions to which rights of authors who are

nationals of those countries are subjected. The Director

General shall immediately communicate this declaration

to all the countries of the Union.

ARTICLE 6bis

Moral Rights : 1 . To Claim Authorship ; to Object to Certain

Modifications and Other Derogatory Actions ;

2 . After the Authors Death ; 3 . Means of Redress

(1) Independently of the authors economic rights, and

even after the transfer of the said rights, the author shall

have the right to claim authorship of the work and to

object to any distortion, mutilation or other modification

of, or other derogatory action in relation to, the said work,

which would be prejudicial to his honor or reputation.

(2) The rights granted to the author in accordance with

the

preceding

paragraph

shall,

after

his

death,

be

maintained, at least until the expiry of the economic

rights,

and

shall

be

exercisable

by

the

persons

or

institutions authorized by the legislation of the country

where protection is claimed. However, those countries

whose legislation, at the moment of their ratification of or

accession to this Act, does not provide for the protection

after the death of the author of all the rights set out in the

preceding paragraph may provide that some of these

rights may, after his death, cease to be maintained. cdasia

(3) The means of redress for safeguarding the rights

granted

by

this

Article

shall

be

governed

by

the

legislation of the country where protection is claimed.

ARTICLE 7

Term of Protection : 1 . Generally ; 2 . For Cinematographic

Works ; 3 . For Anonymous and Pseudonymous Works ;

4 . For Photographic Works and Works of Applied Art ; 5 .

Starting Date of Computation ; 6 . Longer terms ;

7 . Shorter Terms ; 8 . Applicable Law ; "Comparison" of

Terms

(1) The term of protection granted by this Convention

shall be the life of the author and fifty years after his

death.

(2) However, in the case of cinematographic works, the

countries of the Union may provide that the term of

protection shall expire fifty years after the work has been

made available to the public with the consent of the

author, or, failing such an event within fifty years from the

making of such a work, fifty years after the making.

(3) In the case of anonymous or pseudonymous works,

the term of protection granted by this Convention shall

expire fifty years after the work has been lawfully made

available to the public. However, when the pseudonym

adopted by the author leaves no doubt as to his identity,

the

term

of

protection

shall

be

that

provided

in

paragraph

(1).

If

the

author

of

an

anonymous

or

pseudonymous work discloses his identity during the

above-mentioned

period,

the

term

of

protection

applicable shall be that provided in paragraph (1). The

countries of the Union shall not be required to, protect

anonymous or pseudonymous works in respect of which

it is reasonable to presume that their author has been

dead for fifty years.

(4) It shall be a matter for legislation in the countries of

the

Union

to

determine

the

term

of

protection of

© Compiled by RGL

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