Section 99p. 99

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

photographic works and that of works of applied art

insofar as they are protected as artistic works; however,

this term shall last at least until the end of a period of

twenty-five years from the making of such a work.

(5) The term of protection, subsequent to the death of the

author and the terms provided by paragraphs (2), (3) and

(4) shall run from the date of death or of the event

referred to in those paragraphs, but such terms shall

always be deemed to begin on the first of January of the

year following the death or such event.

(6) The countries of the Union may grant a term of

protection in excess of those provided by the preceding

paragraphs.

(7) Those countries of the Union bound by the Rome Act

of

this

Convention

which

grant,

in

their

national

legislation in force at the time of signature of the present

Act, shorter terms of protection than those provided for in

the

preceding

paragraphs

shall

have

the

right

to

maintain such terms when ratifying or acceding to the

present Act.

(8) In any case, the term shall be governed by the

legislation of the country where protection is claimed;

however, unless the legislation of that country otherwise

provides, the term shall not exceed the term fixed in the

country of origin of the work.

ARTICLE 7bis

Term of Protection for Works of Joint Authorship

The provisions of the preceding Article shall also apply in

the case of a work of joint authorship, provided that the

terms measured from the death of the author shall be

calculated from the death of the last surviving author.

ARTICLE 8

Right of Translation

Authors of literary and artistic works protected by this

Convention shall enjoy the exclusive right of making and

of authorizing the translation of their works throughout

the term of protection of their rights in the original works.

ARTICLE 9

Right of Reproduction : 1 . Generally ; 2 . Possible Exceptions ;

3 . Sound and Visual Recordings

(1) Authors of literary and artistic works protected by this

Convention shall have the exclusive right of authorizing

the reproduction of these works, in any manner or form.

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

the Union to permit the reproduction of such works in

certain special cases, provided that such reproduction

does not conflict with a normal exploitation of the work

and does not unreasonably prejudice the legitimate

interests of the author.

(3) Any sound or visual recording shall be considered as a

reproduction for the purposes of this Convention.

ARTICLE 10

Certain Free Uses of Works : 1 . Quotations ; 2 . Illustrations

for Teaching ; 3 . Indication of Source and Author

(1) It shall be permissible to make quotations from a work

which has already been lawfully made available to the

public, provided that their making is compatible with fair

practice, and their extent does not exceed that justified

by the purpose, including quotations from newspaper

articles and periodicals in the form of press summaries.

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

the Union, and for special agreements existing or to be

concluded between them, to permit the utilization, to the

extent justified by the purpose, of literary or artistic works

by way of illustration in publications, broadcasts or sound

or visual recordings for teaching, provided such utilization

is compatible with fair practice.

(3) Where use is made of works in accordance with the

preceding paragraphs of this Article, mention shall be

made of the source, and of the name of the author if it

appears thereon.

ARTICLE 10bis

Further Possible Free Uses of Works : 1 . Of Certain Articles

and Broadcast Works ;

2 . Of Works Seen or Heard in Connection with Current

Events

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

Union to permit the reproduction by the press, the

broadcasting or the communication to the public by wire

of articles published in newspapers or periodicals on

current economic, political or religious topics, and of

broadcast works of the same character, in cases in which

the reproduction, broadcasting or such communication

thereof is not expressly reserved. Nevertheless, the source

must always be clearly indicated; the legal consequences

of a breach of this obligation shall be determined by the

legislation of the country where protection is claimed.

(2) It shall also be a matter for legislation in the countries

of the Union to determine the conditions under which, for

the purpose of reporting current events by means of

photography,

cinematography,

broadcasting

or

communication to the public by wire, literary or artistic

works seen or heard in the course of the event may, to the

extent

justified

by

the

informatory

purpose,

be

reproduced and made available to the public.

ARTICLE 11

Certain Rights in Dramatic and Musical Works : 1 . Right of

Public Performance and of Communication

to the Public of a Performance ; 2 . In Respect of

Translations

(1) Authors of dramatic, dramatico-musical and musical

works shall enjoy the exclusive right of authorizing:

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

public performance by any means or process:

(ii) any communication to the public of the performance

of their works.

2) Authors of dramatic or dramatico-musical works shall

enjoy during the full term of their rights in the original

works,

the

same

rights with respect to translations

thereof.

ARTICLE 11bis

Broadcasting and Related Rights : 1 . Broadcasting and

Other Wireless Communications,

Public Communication of Broadcast by Wire or

Rebroadcast, Public Communication of Broadcast

by Loudspeaker or Analogous Instruments ; 2 .

Compulsory Licenses ; 3 . Recording ; Ephemeral

Recordings

(1) Authors of literary and artistic works shall enjoy the

exclusive right of authorizing:

(i) the broadcasting of their works or the communication

thereof to the public by any other means of wireless

diffusion of signs, sounds or images;

(ii) any communication to the public by wire or by

rebroadcasting of the broadcast of the work, when this

communication is made by an organization other than

the original one;

(iii) the public communication by loudspeaker or any

other

analogous

instrument

transmitting,

by

signs,

sounds or images, the broadcast of the work.

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

the Union to determine the conditions under which the

rights mentioned in the preceding paragraph may be

exercised, but these conditions shall apply only in the

countries where they have been prescribed. They shall

not in any circumstances be prejudicial to the moral

rights of the author, nor to his right to obtain equitable

© Compiled by RGL

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