Geneva “Universal Copyright Convention” of 1971
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Sovereign Law Series
Geneva “Universal Copyright
Convention” of 1971
Short-Form Reference:
1971 “Universal Copyright Convention”
In-Line Micro Reference:
1971 “Copyright Convention”
Ratification / Registration:
UN “UNESCO” Geneva (06 Sep 1952)
Amended UN “WIPO” Paris (24 Jul 1971)
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punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
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Official Text of this Law Source as Ratified
Universal Copyright Convention
Preamble
The Contracting States,
Moved by the desire to ensure in all countries copyright protection of literary,
scientific and artistic works;
Convinced that a system of copyright protection appropriate to all nations of the world
and expressed in a universal convention, additional to, and without impairing
international systems already in force, will, ensure respect for the rights of the
individual and encourage the development of literature, the sciences and the arts;
Persuaded that such a universal copyright system will facilitate a wider dissemination
of works of the human mind and increase international under-standing;
Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6
September 1952 (hereinafter called `the 1952 Convention'), and consequently;
Have agreed as follows:
Article I
Each Contracting State undertakes to provide for the adequate and effective
protection of the rights of authors and other copyright proprietors in literary, scientific
and artistic works, including writings, musical, dramatic and cinematographic works,
and paintings, engravings and sculpture.
Article II
1.
Published works of nationals of any Contracting State and works first published
in that State shall enjoy in each other Contracting State the same protection as that
other State accords to works of its nationals first published in its own territory, as well
as the protection specially granted by this Convention.
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2.
Unpublished works of nationals of each Contracting State shall enjoy in each
other Contracting State the same protection as that other State accords to
unpublished works of its own nationals, as well as the protection specially granted by
this Convention.
3.
For the purpose of this Convention any Contracting State may, by domestic
legislation, assimilate to its own nationals any person domiciled in that State.
Article III
1.
Any Contracting State which, under its domestic law, requires as a condition of
copyright, compliance with formalities such as deposit, registration, notice, notarial
certificates, payment of fees or manufacture or publication in that Contracting State,
shall regard these requirements as satisfied with respect to all works protected in
accordance with this Convention and first published outside its territory and the
author of which is not one of its nationals, if from the time of the first publication all
the copies of the work published with the authority of the author or other copyright
proprietor bear the symbol © accompanied by the name of the copyright proprietor
and the year of first publication placed in such manner and location as to give
reasonable notice of claim of copyright.
2.
The provisions of paragraph 1 shall not preclude any Contracting State from
requiring formalities or other conditions for the acquisition and enjoyment of
copyright in respect of works first published in its territory or works of its nationals
wherever published.
3.
The provisions of paragraph 1 shall not preclude any Contracting State from
providing that a person seeking judicial relief must, in bringing the action, comply with
procedural requirements, such as that the complainant must appear through domestic
counsel or that the complainant must deposit with the court or an administrative
office, or both, a copy of the work involved in the litigation; provided that failure to
comply with such requirements shall not affect the validity of the copyright, nor shall
any such requirement be imposed upon a national of another Contracting State if such
requirement is not imposed on nationals of the State in which protection is claimed.
4.
In each Contracting State there shall be legal means of protecting without
formalities the unpublished works of nationals of other Contracting States.
5.
If a Contracting State grants protection for more than one term of copyright and
the first term is for a period longer than one of the minimum periods prescribed in
Article IV, such State shall not be required to comply with the provisions of paragraph
1 of this Article in respect of the second or any subsequent term of copyright.
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Article IV
1.
The duration of protection of a work shall be governed, in accordance with the
provisions of Article II and this Article, by the law of the Contracting State in which
protection is claimed.
2.
(a) The term of protection for works protected under this Convention shall
not be less than the life of the author and twenty-five years after his death. However,
any Contracting State which, on the effective date of this Convention in that State, has
limited this term for certain classes of works to a period computed from the first
publication of the work, shall be entitled to maintain these exceptions and to extend
them to other classes of works. For all these classes the term of protection shall not
be less than twenty-five years from the date of first publication.
(b) Any Contracting State which, upon the effective date of this Convention in
that State, does not compute the term of protection upon the basis of the life of the
author, shall be entitled to compute the term of protection from the date of the first
publication of the work or from its registration prior to publication, as the case may
be, provided the term of protection shall not be less than twenty-five years from the
date of first publication or from its registration prior to publication, as the case may
be.
(c)
If the legislation of a Contracting State grants two or more successive
terms of protection, the duration of the first term shall not be less than one of the
minimum periods specified in sub-paragraphs (a) and (b).
3.
The provisions of paragraph 2 shall not apply to photographic works or to works
of applied art; provided, however, that the term of protection in those Contracting
States which protect photographic works, or works of applied art in so far as they are
protected as artistic works, shall not be less than ten years for each of said classes of
works.
4.
(a) No Contracting State shall be obliged to grant protection to a work for a
period longer than that fixed for the class of works to which the work in question
belongs, in the case of unpublished works by the law of the Contracting State of which
the author is a national, and in the case of published works by the law of the
Contracting State in which the work has been first published.
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(b) For the purposes of the application of sub-paragraph (a), if the law of any
Contracting State grants two or more successive terms of protection, the period of
protection of that State shall be considered to be the aggregate of those terms.
However, if a specified work is not protected by such State during the second or any
subsequent term for any reason, the other Contracting States shall not be obliged to
protect it during the second or any subsequent term.
5.
For the purposes of the application of paragraph 4, the work of a national of a
Contracting State, first published in a non-Contracting State, shall be treated as though
first published in the Contracting State of which the author is a national.
6.
For the purposes of the application of paragraph 4, in case of simultaneous
publication in two or more Contracting States, the work shall be treated as though first
published in the State which affords the shortest term; any work published in two or
more Contracting States within thirty days of its first publication shall be considered as
having been published simultaneously in said Contracting States.
Article IV-bis (2nd part)
1.
The rights referred to in Article I shall include the basic rights ensuring the
author's economic interests, including the exclusive right to authorize reproduction by
any means, public performance and broadcasting. The provisions of this Article shall
extend to works protected under this Convention either in their original form or in any
form recognizably derived from the original.
2.
However, any Contracting State may, by its domestic legislation, make
exceptions that do not conflict with the spirit and provisions of this Convention, to the
rights mentioned in paragraph 1 of this Article. Any State whose legislation so
provides, shall nevertheless accord a reasonable degree of effective protection to each
of the rights to which exception has been made.
Article V
1.
The rights referred to in Article 1 shall include the exclusive right of the author
to make, publish and authorize the making and publication of translations of works
protected under this Convention.
2.
However, any Contracting State may, by its domestic legislation, restrict the
right of translation of writings, but only subject to the following provisions:
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(a)
If, after the expiration of a period of seven years from the date of the first
publication of a writing, a translation of such writing has not been published in a
language in general use in the Contracting State, by the owner of the right of
translation or with his authorization, any national of such Contracting State may
obtain a non-exclusive licence from the competent authority thereof to translate the
work into that language and publish the work so translated.
(b) Such national shall in accordance with the procedure of the State
concerned, establish either that he has requested, and been denied, authorization by
the proprietor of the right to make and publish the translation, or that, after due
diligence on his part, he was unable to find the owner of the right. A licence may also
be granted on the same conditions if all previous editions of a translation in a language
in general use in the Contracting State are out of print.
(c)
If the owner of the right of translation cannot be found, then the
applicant for a licence shall send copies of his application to the publisher whose name
appears on the work and, if the nationality of the owner of the right of translation is
known, to the diplomatic or consular representative of the State of which such owner
is a national, or to the organization which may have been designated by the
government of that State. The licence shall not be granted before the expiration of a
period of two months from the date of the dispatch of the copies of the application.
(d) Due provision shall be made by domestic legislation to ensure to the
owner of the right of translation a compensation which is just and conforms to
international standards, to ensure payment and transmittal of such compensation, and
to ensure a correct translation of the work.
(e) The original title and the name of the author of the work shall be printed
on all copies of the published translation. The licence shall be valid only for
publication of the translation in the territory of the Contracting State where it has
been applied for. Copies so published may be imported and sold in another
Contracting State if a language in general use in such other State is the same language
as that into which the work has been so translated, and if the domestic law in such
other State makes provision for such licences and does not prohibit such importation
and sale. Where the foregoing conditions do not exist, the importation and sale of
such copies in a Contracting State shall be governed by its domestic law and its
agreements. The licence shall not be transferred by the licensee.
(f)
The licence shall not be granted when the author has withdrawn from
circulation all copies of the work.
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Article V-bis (2nd part)
1.
Any Contracting State regarded as a developing country in conformity with the
established practice of the General Assembly of the United Nations may, by a
notification deposited with the Director-General of the United Nations Educational,
Scientific and Cultural Organization (hereinafter called ‘the Director-General’) at the
time of this ratification, acceptance or accession or thereafter, avail itself of any or all
of the exceptions provided for in Articles V-ter and V-quater.
2.
Any such notification shall be effective for ten years from the date of coming
into force of this Convention, or for such part of that ten-year period as remains at the
date of deposit of the notification, and may be renewed in whole or in part for further
periods of ten years each if, not more than fifteen or less than three months before
the expiration of the relevant ten-year period, the Contracting State deposits a further
notification with the Director-General. Initial notifications may also be made during
these further periods of ten years in accordance with the provisions of this Article.
3.
Notwithstanding the provisions of paragraph 2, a Contracting State that has
ceased to be regarded as a developing country as referred to in paragraph 1 shall no
longer be entitled to renew its notification made under the provisions of paragraph 1
or 2, and whether or not it formally withdraws the notification such State shall be
precluded from availing itself of the exceptions provided for in Articles V-ter and V-
quater at the end of the current ten-year period, or at the end of three years after it
has ceased to be regarded as a developing country, whichever period expires later.
4.
Any copies of a work already made under the exceptions provided for in Articles
V-ter and V-quater may continue to be distributed after the expiration of the period
for which notifications under this Article were effective until their stock is exhausted.
5.
Any Contracting State that has deposited a notification in accordance with
Article XIII with respect to the application of this Convention to a particular country or
territory, the situation of which can be regarded as analogous to that of the States
referred to in paragraph 1 of this Article, may also deposit notifications and renew
them in accordance with the provisions of this Article with respect to any such country
or territory. During the effective period of such notifications, the provisions of Articles
V-ter and V-quater may be applied with respect to such country or territory. The
sending of copies from the country or territory to the Contracting State shall be
considered as export within the meaning of Articles V-ter and V-quater.
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Article V-ter (3rd part)
1.
(a) Any Contracting State to which Article V-bis (1) applies may substitute for
the period of seven years provided for in Article V (2) a period of three years or any
longer period prescribed by its legislation. However, in the case of a translation into a
language not in general use in one or more developed countries that are party to this
Convention or only the 1952 Convention, the period shall be one year instead of three.
(b) A Contracting State to which Article V-bis (1) applies may, with the
unanimous agreement of the developed countries party to this Convention or only the
1952 Convention and in which the same language is in general use, substitute, in the
case of translation into that language, for the period of three years provided for in
sub-paragraph (a) another period as determined by such agreement but not shorter
than one year. However, this sub-paragraph shall not apply where the language in
question is English, French or Spanish. Notification of any such agreement shall be
made to the Director-General.
(c)
The licence may only be granted if the applicant, in accordance with the
procedure of the State concerned, establishes either that he has requested, and been
denied, authorization by the owner of the right of translation, or that, after due
diligence on his part, he was unable to find the owner of the right. At the same time
as he makes his request he shall inform either the International Copyright Information
Center established by the United Nations Educational Scientific and Cultural
Organization or any national or regional information centre which may have been
designated in a notification to that effect deposited with the Director-General by the
government of the State in which the publisher is believed to have his principal place
of business.
(d)
If the owner of the right of translation cannot be found, the applicant for
a licence shall send, by registered airmail, copies of this application to the publisher
whose name appears on the work and to any national or regional information center
as mentioned in sub-paragraph (c). If no such center is notified he shall also send a
copy to the international copyright information center established by the United
Nations Educational Scientific and Cultural Organization.
2.
(a)
Licences obtainable after three years shall not be granted under this
Article until a further period of six months has elapsed and licences obtainable after
one year until a further period of nine months has elapsed. The further period shall
begin either from the date of the request for permission to translate mentioned in
paragraph 1 (c) or, if the identity or address of the owner of the right of translation is
not known, from the date of dispatch of the copies of the application for a licence
mentioned in paragraph 1 (d).
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(b) Licences shall not be granted if a translation has been published by the
owner of the right of translation or with his authorization during the said period of six
or nine months.
3.
Any licence under this Article shall be granted only for the purpose of teaching,
scholarship or research.
4.
(a) Any licence granted under this Article shall not extend to the export of
copies and shall be valid only for publication in the territory of the Contracting State
where it has been applied for.
(b) Any copy published in accordance with a licence granted under this
Article shall bear a notice in the appropriate language stating that the copy is available
for distribution only in the Contracting State granting the licence. If the writing bears
the notice specified in Article III (1) the copies shall bear the same notice.
(c)
The prohibition of export provided for in sub-paragraph (a) shall not apply
where a governmental or other public entity of a State which has granted a licence
under this Article to translate a work into a language other than English, French or
Spanish sends copies of a translation prepared under such licence to another country
if:
(i)
the recipients are individuals who are nationals of the Contracting
State granting the licence, 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 the object of commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the
Contracting State to allow the receipt, distribution or both and the
Director-General has been notified of such agreement by any one of the
governments which have concluded it.
5.
Due provision shall be made at the national level to ensure:
(a)
that the licence provides for just compensation that is consistent with
standards of royalties normally operating in the case of licences freely negotiated
between persons in the two countries concerned; and
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(b) payment and transmittal of the compensation; however, 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.
6.
Any licence granted by a Contracting State under this Article shall terminate if a
translation of the work in the same language with substantially the same content as
the edition in respect of which the licence was granted is published in the said State by
the owner of the right of translation or with his authorization, at a price reasonably
related to that normally charged in the same State for comparable works. Any copies
already made before the licence is terminated may continue to be distributed until
their stock is exhausted.
7.
For works which are composed mainly of illustrations a licence to translate the
text and to reproduce the illustrations may be granted only if the conditions of Article
V-quater are also fulfilled.
8.
(a) A licence to translate a work protected under this Convention, published
in printed or analogous forms of reproduction, may also be granted to a broadcasting
organization having its headquarters in a Contracting State to which Article V-bis (1)
applies, upon an application made in that State by the said organization under the
following conditions:
(i)
the translation is made from a copy made and acquired in
accordance with the laws of the Contracting State;
(ii)
the translation is for use only 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 set out in
condition (ii), through broadcasts lawfully made which are intended for
recipients on the territory of the Contracting State, including broadcasts made
through the medium of sound or visual recordings lawfully and exclusively made
for the purpose of such broadcasts;
(iv) sound or visual recordings of the translation may be exchanged
only between broadcasting organizations having their headquarters in the
Contracting State granting the licence; and
(v) all uses made of the translation are without any commercial
purpose.
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(b) Provided all of the criteria and conditions set out in sub-paragraph (a) are
met, a licence may also be granted to a broadcasting organization to translate any text
incorporated in an audio-visual fixation which was itself prepared and published for
the sole purpose of being used in connection with systematic instructional activities.
(c)
Subject to sub-paragraphs (a) and (b), the other provisions of this Article
shall apply to the grant and exercise of the licence.
9.
Subject to the provisions of this Article, any licence granted under this Article
shall be governed by the provisions of Article V, and shall continue to be governed by
the provisions of Article V and of this Article, even after the seven-year period
provided for in Article V (2) has expired. However, after the said period has expired,
the licensee shall be free to request that the said licence be replaced by a new licence
governed exclusively by the provisions of Article V.
Article V-quater (4th part)
1.
Any Contracting State to which Article V-bis (1) applies may adopt the following
provisions:
(a)
If, after the expiration of (i) the relevant period specified in sub-paragraph
(c) commencing from the date of first publication of a particular edition of a literary,
scientific or artistic work referred to in paragraph 3, or (ii) any longer period
determined by national legislation of the State; copies of such edition have not been
distributed in that State to the general public or in connection with systematic
instructional activities at a price reasonably related to that normally charged in the
State for comparable works, by the owner of the right of reproduction or with his
authorization, any national of such State may obtain a non-exclusive licence from the
competent authority to publish such edition at that or a lower price for use in
connection with systematic instructional activities. The licence may only be granted if
such national, in accordance with the procedure of the State concerned, establishes
either that he has requested, and been denied, authorization by the proprietor of the
right to publish such work, or that, after due diligence on his part, he was unable to
find the owner of the right. At the same time as he makes his request he shall inform
either the international copyright information center established by the United
Nations Educational, Scientific and Cultural Organization or any national or regional
information center referred to in sub-paragraph (d).
(b) A licence may also be granted on the same conditions if, for a period of six
months, no authorized copies of the edition in question have been on sale in the State
concerned to the general public or in connection with systematic instructional
activities at a price reasonably related to that normally charged in the State for
comparable works.
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(c)
The period referred to in sub-paragraph (a) 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.
(d)
If the owner of the right of reproduction cannot be found, the applicant
for a licence shall send, by registered air mail, copies of his application to the publisher
whose name appears on the work and to any national or regional information centre
identified as such in a notification deposited with the Director-General by the State in
which the publisher is believed to have his principal place of business. In the absence
of any such notification, he shall also send a copy to the international copyright
information center established by the United Nations Educational, Scientific and
Cultural Organization. The licence shall not be granted before the expiration of a
period of three months from the date of dispatch of the copies of the application.
(e)
Licences obtainable after three years shall not be granted under this
Article:
(i)
until a period of six months has elapsed from the date of the
request for permission referred to in sub-paragraph (a) or, if the identity or
address of the owner of the right of reproduction is unknown, from the date of
the dispatch of the copies of the application for a licence referred to in sub-
paragraph (d);
(ii)
if any such distribution of copies of the edition as is mentioned in
sub-paragraph (a) has taken place during that period.
(f)
The name of the author and the title of the particular edition of the work
shall be printed on all copies of the published reproduction. The licence shall not
extend to the export of copies and shall be valid only for publication in the territory of
the Contracting State where it has been applied for. The licence shall not be
transferable by the licensee.
(g) Due provision shall be made by domestic legislation to ensure an accurate
reproduction of the particular edition in question.
(h) A licence to reproduce and publish a translation of a work shall not be
granted under this Article in the following cases:
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(i) where the translation was not published by the owner of the right
of translation or with his authorization;
(ii) where the translation is not in a language in general use in the
State with power to grant the licence.
2.
The exceptions provided for in paragraph 1 are subject to the following
additional provisions:
(a) Any copy published in accordance with a licence granted under this
Article shall bear a notice in the appropriate language stating that the copy is available
for distribution only in the Contracting State to which the said licence applies. If the
edition bears the notice specified in Article III (1), the copies shall bear the same
notice.
(b) Due provision shall be made at the national level to ensure:
(i)
that the licence provides for just compensation that is consistent
with standards of royalties normally operating in the case of licences freely
negotiated between persons in the two countries concerned; and
(ii) payment and transmittal of the compensation; however, 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.
(c) Whenever copies of an edition of a work are distributed in the
Contracting State 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, State for comparable works, any
licence granted under this Article shall terminate if such edition is in the same
language and is substantially the same in content as the edition published under the
licence. Any copies already made before the licence is terminated may continue to be
distributed until their stock is exhausted.
(d) No licence shall be granted when the author has withdrawn from
circulation all copies of the edition in question.
3.
(a) Subject to sub-paragraph (b), the literary, scientific or artistic works to
which this Article applies shall be limited to works published in printed or analogous
forms of reproduction.
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(b) The provisions of this Article shall also apply to 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 State with power to grant the licence; 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 VI
‘Publication’, as used in this Convention, means the reproduction in tangible form and
the general distribution to the public of copies of a work from which it can be read or
otherwise visually perceived.
Article VII
This Convention shall not apply to works or rights in works which, at the effective date
of this Convention in a Contracting State where protection is claimed, are permanently
in the public domain in the said Contracting State.
Article VIII
1.
This Convention, which shall bear the date of 24 July 1971, shall be deposited
with the Director-General and shall remain open for signature by all States party to the
1952 Convention for a period of 120 days after the date of this Convention. It shall be
subject to ratification or acceptance by the signatory States.
2.
Any State which has not signed this Convention may accede thereto.
3.
Ratification, acceptance or accession shall be effected by the deposit of an
instrument to that effect with the Director-General.
Article IX
1.
This Convention shall come into force three months after the deposit of twelve
instruments of ratification, acceptance or accession.
2.
Subsequently, this Convention shall come into force in respect of each State
three months after that State has deposited its instrument of ratification, acceptance
or accession.
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3.
Accession to this Convention by a State not party to the 1952 Convention shall
also constitute accession to that Convention; however, if its instrument of accession is
deposited before this Convention comes into force, such State may make its accession
to the 1952 Convention conditional upon the coming into force of this Convention.
After the coming into force of this Convention, no State may accede solely to the 1952
Convention.
4.
Relations between States party to this Convention and States that are party only
to the 1952 Convention, shall be governed by the 1952 Convention. However, any
State party only to the 1952 Convention may, by a notification deposited with the
Director-General, declare that it will admit the application of the 1971 Convention to
works of its nationals or works first published in its territory by all States party to this
Convention.
Article X
1.
Each Contracting State undertakes to adopt, in accordance with its Constitution,
such measures as are necessary to ensure the application of this Convention.
2.
It is understood that at the date this Convention comes into force in respect of
any State, that State must be in a position under its domestic law to give effect to the
terms of this Convention.
Article XI
1.
An Intergovernmental Committee is hereby established with the following
duties:
(a)
to study the problems concerning the application and operation of the
Universal Copyright Convention;
(b)
to make preparation for periodic revisions of this Convention;
(c)
to study any other problems concerning the international protection of
copyright, in co-operation with the various interested international organizations, such
as the United Nations Educational, Scientific and Cultural Organization, the
International Union for the Protection of Literary and Artistic Works and the
Organization of American States;
(d)
to inform States party to the Universal Copyright Convention as to its
activities.
17
2.
The Committee shall consist of the representatives of eighteen States party to
this Convention or only to the 1952 Convention.
3.
The Committee shall be selected with due consideration to a fair balance of
national interests on the basis of geographical location, population, languages and
stage of development.
4.
The Director-General of the United Nations Educational Scientific and Cultural
Organization, the Director-General of the World Intellectual Property Organization and
the Secretary-General of the Organization of American States, or their representatives,
may attend meetings of the Committee in an advisory capacity.
Article XII
The Intergovernmental Committee shall convene a conference for revision whenever
it deems necessary, or at the request of at least ten States party to this Convention.
Article XIII
1.
Any Contracting State may, at the time of deposit of its instrument of
ratification, acceptance or accession, or at any time thereafter, declare by notification
addressed to the Director-General that this Convention shall apply to all or any of the
countries or territories for the international relations of which it is responsible and this
Convention shall thereupon apply to the countries or territories named in such
notification after the expiration of the term of three months provided for in Article IX.
In the absence of such notification, this Convention shall not apply to any such country
or territory.
2.
However, nothing in this Article shall be understood as implying the recognition
or tacit acceptance by a Contracting State of the factual situation concerning a country
or territory to which this Convention is made applicable by another Contracting State
in accordance with the provisions of this Article.
Article XIV
1.
Any Contracting State may denounce this Convention in its own name or on
behalf of all or any of the countries or territories with respect to which a notification
has been given under Article XIII. The denunciation shall be made by notification
addressed to the Director-General. Such denunciation shall also constitute
denunciation of the 1952 Convention.
18
2.
Such denunciation shall operate only in respect of the State or of the country or
territory on whose behalf it was made and shall not take effect until twelve months
after the date of receipt of the notification.
Article XV
A dispute between two or more Contracting States concerning the interpretation or
application of this Convention, not settled by negotiation, shall, unless the States
concerned agree on some other method of settlement, be brought before the
International Court of Justice for determination by it.
Article XVI
1.
This Convention shall be established in English, French and Spanish. The three
texts shall be signed and shall be equally authoritative.
2.
Official texts of this Convention shall be established by the Director-General,
after consultation with the governments concerned, in Arabic, German, Italian and
Portuguese.
3.
Any Contracting State or group of Contracting States shall be entitled to have
established by the Director-General other texts in the language of its choice by
arrangement with the Director-General.
4.
All such texts shall be annexed to the signed texts of this Convention.
Article XVII
1.
This Convention shall not in any way affect the provisions of the Berne
Convention for the Protection of Literary and Artistic Works or membership in the
Union created by that Convention.
2.
In application of the foregoing paragraph, a declaration has been annexed to the
present Article. This declaration is an integral part of this Convention for the States
bound by the Berne Convention on 1 January 1951, or which have or may become
bound to it at a later date. The signature of this Convention by such States shall also
constitute signature of the said declaration, and ratification, acceptance or accession
by such States shall include the declaration, as well as this Convention.
19
Article XVIII
This Convention shall not abrogate multilateral or bilateral copyright conventions or
arrangements that are or may be in effect exclusively between two or more American
Republics. In the event of any difference either between the provisions of such
existing conventions or arrangements and the provisions of this Convention, or
between the provisions of this Convention and those of any new convention or
arrangement which may be formulated between two or more American Republics
after this Convention comes into force, the convention or arrangement most recently
formulated shall prevail between the parties thereto. Rights in works acquired in any
Contracting State under existing conventions or arrangements before the date this
Convention comes into force in such State shall not be affected.
Article XIX
This Convention shall not abrogate multilateral or bilateral conventions or
arrangements in effect between two or more Contracting States. In the event of any
difference between the provisions of such existing conventions or arrangements and
the provisions of this Convention, the provisions of this Convention shall prevail.
Rights in works acquired in any Contracting State under existing conventions or
arrangements before the date on which this Convention comes into force in such State
shall not be affected. Nothing in this Article shall affect the provisions of Articles XVII
and XVIII.
Article XX
Reservations to this Convention shall not be permitted.
Article XXI
1.
The Director-General shall send duly certified copies of this Convention to the
States interested and to the Secretary-General of the United Nations for registration
by him.
2.
He shall also inform all interested States of the ratifications, acceptances and
accessions which have been deposited, the date on which this Convention comes into
force, the notifications under this Convention and denunciations under Article XIV.
20
Appendix Declaration relating to Article XVII
The States which are members of the International Union for the Protection of Literary
and Artistic Works (hereinafter called ‘the Berne Union’) and which- are signatories to
this Convention;
Desiring to reinforce their mutual relations on the basis of the said Union and to avoid
any conflict which might result from the co-existence of the Berne Convention and the
Universal Copyright Convention;
Recognizing the temporary need of some States to adjust their level of copyright
protection in accordance with their stage of cultural, social and economic
development;
Have, by common agreement, accepted the terms of the following declaration:
(a) Except as provided by paragraph (b), works which, according to the Berne
Convention, have as their country of origin a country which has withdrawn from the
Berne Union after 1 January 1951, shall not be protected by the Universal Copyright
Convention in the countries of the Berne Union;
(b) Where a Contracting State is regarded as a developing country in conformity
with the established practice of the General Assembly of the United Nations, and has
deposited with the Director-General of the United Nations Educational Scientific and
Cultural Organization, at the time of its withdrawal from the Berne Union, a
notification to the effect that it regards itself as a developing country, the provisions of
paragraph (a) shall not be applicable as long as such State may avail itself of the
exceptions provided for by this Convention in accordance with Article V-bis;
(c)
The Universal Copyright Convention shall not be applicable to the relationships
among countries of the Berne Union in so far as it relates to the protection of works
having as their country of origin, within the meaning of the Berne Convention, a
country of the Berne Union.
21
Resolution concerning Article XI
The Conference for Revision of the Universal Copyright Convention,
Having considered the problems relating to the Intergovernmental Committee
provided for in Article XI of this Convention, to which this resolution is annexed;
Resolves that:
1.
At its inception, the Committee shall include representatives of the twelve
States members of the Intergovernmental Committee established under Article XI of
the 1952 Convention and the resolution annexed to it, and, in addition,
representatives of the following States: Algeria, Australia, Japan, Mexico, Senegal and
Yugoslavia.
2.
Any States that are not party to the 1952 Convention and have not acceded to
this Convention before the first ordinary session of the Committee following the entry
into force of this Convention shall be replaced by other States to be selected by the
Committee at its first ordinary session in conformity with the provisions of Article XI
(2) and (3).
3.
As soon as this Convention comes into force the Committee as provided for in
paragraph 1 shall be deemed to be constituted in accordance with Article XI of this
Convention.
4.
A session of the Committee shall take place within one year after the coming
into force of this Convention; thereafter the Committee shall meet in ordinary session
at intervals of not more than two years.
5.
The Committee shall elect its Chairman and'-two Vice-Chairmen. It shall
establish its Rules of Procedure having regard to the following principles:
(a) The normal duration of the term of office of the members represented on
the Committee shall be six years with one-third retiring every two years, it being
however understood that, of the original terms of office, one-third shall expire at the
end of the Committee's second ordinary session which will follow the entry into force
of this Convention, a further third at the end of its third ordinary session, and the
remaining third at the end of its fourth ordinary session.
22
(b) The rules governing the procedure whereby the Committee shall fill
vacancies, the order in which terms of membership expire, eligibility for re-election,
and election procedures, shall be based upon a balancing of the needs for continuity
of membership and rotation of representation, as well as the considerations set out in
Article XI (3).
Expresses the wish that the United Nations Educational Scientific and Cultural
Organization provide its Secretariat.
IN FAITH WHEREOF the undersigned, having deposited their respective full powers,
have signed this Convention.
Done at Paris, this twenty-fourth day of July 1971, in a single copy.
Sovereign Law Series
Geneva “Universal Copyright
Convention” of 1971
Short-Form Reference:
1971 “Universal Copyright Convention”
In-Line Micro Reference:
1971 “Copyright Convention”
Ratification / Registration:
UN “UNESCO” Geneva (06 Sep 1952)
Amended UN “WIPO” Paris (24 Jul 1971)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Universal Copyright Convention
Preamble
The Contracting States,
Moved by the desire to ensure in all countries copyright protection of literary,
scientific and artistic works;
Convinced that a system of copyright protection appropriate to all nations of the world
and expressed in a universal convention, additional to, and without impairing
international systems already in force, will, ensure respect for the rights of the
individual and encourage the development of literature, the sciences and the arts;
Persuaded that such a universal copyright system will facilitate a wider dissemination
of works of the human mind and increase international under-standing;
Have resolved to revise the Universal Copyright Convention as signed at Geneva on 6
September 1952 (hereinafter called `the 1952 Convention'), and consequently;
Have agreed as follows:
Article I
Each Contracting State undertakes to provide for the adequate and effective
protection of the rights of authors and other copyright proprietors in literary, scientific
and artistic works, including writings, musical, dramatic and cinematographic works,
and paintings, engravings and sculpture.
Article II
1.
Published works of nationals of any Contracting State and works first published
in that State shall enjoy in each other Contracting State the same protection as that
other State accords to works of its nationals first published in its own territory, as well
as the protection specially granted by this Convention.
4
2.
Unpublished works of nationals of each Contracting State shall enjoy in each
other Contracting State the same protection as that other State accords to
unpublished works of its own nationals, as well as the protection specially granted by
this Convention.
3.
For the purpose of this Convention any Contracting State may, by domestic
legislation, assimilate to its own nationals any person domiciled in that State.
Article III
1.
Any Contracting State which, under its domestic law, requires as a condition of
copyright, compliance with formalities such as deposit, registration, notice, notarial
certificates, payment of fees or manufacture or publication in that Contracting State,
shall regard these requirements as satisfied with respect to all works protected in
accordance with this Convention and first published outside its territory and the
author of which is not one of its nationals, if from the time of the first publication all
the copies of the work published with the authority of the author or other copyright
proprietor bear the symbol © accompanied by the name of the copyright proprietor
and the year of first publication placed in such manner and location as to give
reasonable notice of claim of copyright.
2.
The provisions of paragraph 1 shall not preclude any Contracting State from
requiring formalities or other conditions for the acquisition and enjoyment of
copyright in respect of works first published in its territory or works of its nationals
wherever published.
3.
The provisions of paragraph 1 shall not preclude any Contracting State from
providing that a person seeking judicial relief must, in bringing the action, comply with
procedural requirements, such as that the complainant must appear through domestic
counsel or that the complainant must deposit with the court or an administrative
office, or both, a copy of the work involved in the litigation; provided that failure to
comply with such requirements shall not affect the validity of the copyright, nor shall
any such requirement be imposed upon a national of another Contracting State if such
requirement is not imposed on nationals of the State in which protection is claimed.
4.
In each Contracting State there shall be legal means of protecting without
formalities the unpublished works of nationals of other Contracting States.
5.
If a Contracting State grants protection for more than one term of copyright and
the first term is for a period longer than one of the minimum periods prescribed in
Article IV, such State shall not be required to comply with the provisions of paragraph
1 of this Article in respect of the second or any subsequent term of copyright.
5
Article IV
1.
The duration of protection of a work shall be governed, in accordance with the
provisions of Article II and this Article, by the law of the Contracting State in which
protection is claimed.
2.
(a) The term of protection for works protected under this Convention shall
not be less than the life of the author and twenty-five years after his death. However,
any Contracting State which, on the effective date of this Convention in that State, has
limited this term for certain classes of works to a period computed from the first
publication of the work, shall be entitled to maintain these exceptions and to extend
them to other classes of works. For all these classes the term of protection shall not
be less than twenty-five years from the date of first publication.
(b) Any Contracting State which, upon the effective date of this Convention in
that State, does not compute the term of protection upon the basis of the life of the
author, shall be entitled to compute the term of protection from the date of the first
publication of the work or from its registration prior to publication, as the case may
be, provided the term of protection shall not be less than twenty-five years from the
date of first publication or from its registration prior to publication, as the case may
be.
(c)
If the legislation of a Contracting State grants two or more successive
terms of protection, the duration of the first term shall not be less than one of the
minimum periods specified in sub-paragraphs (a) and (b).
3.
The provisions of paragraph 2 shall not apply to photographic works or to works
of applied art; provided, however, that the term of protection in those Contracting
States which protect photographic works, or works of applied art in so far as they are
protected as artistic works, shall not be less than ten years for each of said classes of
works.
4.
(a) No Contracting State shall be obliged to grant protection to a work for a
period longer than that fixed for the class of works to which the work in question
belongs, in the case of unpublished works by the law of the Contracting State of which
the author is a national, and in the case of published works by the law of the
Contracting State in which the work has been first published.
6
(b) For the purposes of the application of sub-paragraph (a), if the law of any
Contracting State grants two or more successive terms of protection, the period of
protection of that State shall be considered to be the aggregate of those terms.
However, if a specified work is not protected by such State during the second or any
subsequent term for any reason, the other Contracting States shall not be obliged to
protect it during the second or any subsequent term.
5.
For the purposes of the application of paragraph 4, the work of a national of a
Contracting State, first published in a non-Contracting State, shall be treated as though
first published in the Contracting State of which the author is a national.
6.
For the purposes of the application of paragraph 4, in case of simultaneous
publication in two or more Contracting States, the work shall be treated as though first
published in the State which affords the shortest term; any work published in two or
more Contracting States within thirty days of its first publication shall be considered as
having been published simultaneously in said Contracting States.
Article IV-bis (2nd part)
1.
The rights referred to in Article I shall include the basic rights ensuring the
author's economic interests, including the exclusive right to authorize reproduction by
any means, public performance and broadcasting. The provisions of this Article shall
extend to works protected under this Convention either in their original form or in any
form recognizably derived from the original.
2.
However, any Contracting State may, by its domestic legislation, make
exceptions that do not conflict with the spirit and provisions of this Convention, to the
rights mentioned in paragraph 1 of this Article. Any State whose legislation so
provides, shall nevertheless accord a reasonable degree of effective protection to each
of the rights to which exception has been made.
Article V
1.
The rights referred to in Article 1 shall include the exclusive right of the author
to make, publish and authorize the making and publication of translations of works
protected under this Convention.
2.
However, any Contracting State may, by its domestic legislation, restrict the
right of translation of writings, but only subject to the following provisions:
7
(a)
If, after the expiration of a period of seven years from the date of the first
publication of a writing, a translation of such writing has not been published in a
language in general use in the Contracting State, by the owner of the right of
translation or with his authorization, any national of such Contracting State may
obtain a non-exclusive licence from the competent authority thereof to translate the
work into that language and publish the work so translated.
(b) Such national shall in accordance with the procedure of the State
concerned, establish either that he has requested, and been denied, authorization by
the proprietor of the right to make and publish the translation, or that, after due
diligence on his part, he was unable to find the owner of the right. A licence may also
be granted on the same conditions if all previous editions of a translation in a language
in general use in the Contracting State are out of print.
(c)
If the owner of the right of translation cannot be found, then the
applicant for a licence shall send copies of his application to the publisher whose name
appears on the work and, if the nationality of the owner of the right of translation is
known, to the diplomatic or consular representative of the State of which such owner
is a national, or to the organization which may have been designated by the
government of that State. The licence shall not be granted before the expiration of a
period of two months from the date of the dispatch of the copies of the application.
(d) Due provision shall be made by domestic legislation to ensure to the
owner of the right of translation a compensation which is just and conforms to
international standards, to ensure payment and transmittal of such compensation, and
to ensure a correct translation of the work.
(e) The original title and the name of the author of the work shall be printed
on all copies of the published translation. The licence shall be valid only for
publication of the translation in the territory of the Contracting State where it has
been applied for. Copies so published may be imported and sold in another
Contracting State if a language in general use in such other State is the same language
as that into which the work has been so translated, and if the domestic law in such
other State makes provision for such licences and does not prohibit such importation
and sale. Where the foregoing conditions do not exist, the importation and sale of
such copies in a Contracting State shall be governed by its domestic law and its
agreements. The licence shall not be transferred by the licensee.
(f)
The licence shall not be granted when the author has withdrawn from
circulation all copies of the work.
8
Article V-bis (2nd part)
1.
Any Contracting State regarded as a developing country in conformity with the
established practice of the General Assembly of the United Nations may, by a
notification deposited with the Director-General of the United Nations Educational,
Scientific and Cultural Organization (hereinafter called ‘the Director-General’) at the
time of this ratification, acceptance or accession or thereafter, avail itself of any or all
of the exceptions provided for in Articles V-ter and V-quater.
2.
Any such notification shall be effective for ten years from the date of coming
into force of this Convention, or for such part of that ten-year period as remains at the
date of deposit of the notification, and may be renewed in whole or in part for further
periods of ten years each if, not more than fifteen or less than three months before
the expiration of the relevant ten-year period, the Contracting State deposits a further
notification with the Director-General. Initial notifications may also be made during
these further periods of ten years in accordance with the provisions of this Article.
3.
Notwithstanding the provisions of paragraph 2, a Contracting State that has
ceased to be regarded as a developing country as referred to in paragraph 1 shall no
longer be entitled to renew its notification made under the provisions of paragraph 1
or 2, and whether or not it formally withdraws the notification such State shall be
precluded from availing itself of the exceptions provided for in Articles V-ter and V-
quater at the end of the current ten-year period, or at the end of three years after it
has ceased to be regarded as a developing country, whichever period expires later.
4.
Any copies of a work already made under the exceptions provided for in Articles
V-ter and V-quater may continue to be distributed after the expiration of the period
for which notifications under this Article were effective until their stock is exhausted.
5.
Any Contracting State that has deposited a notification in accordance with
Article XIII with respect to the application of this Convention to a particular country or
territory, the situation of which can be regarded as analogous to that of the States
referred to in paragraph 1 of this Article, may also deposit notifications and renew
them in accordance with the provisions of this Article with respect to any such country
or territory. During the effective period of such notifications, the provisions of Articles
V-ter and V-quater may be applied with respect to such country or territory. The
sending of copies from the country or territory to the Contracting State shall be
considered as export within the meaning of Articles V-ter and V-quater.
9
Article V-ter (3rd part)
1.
(a) Any Contracting State to which Article V-bis (1) applies may substitute for
the period of seven years provided for in Article V (2) a period of three years or any
longer period prescribed by its legislation. However, in the case of a translation into a
language not in general use in one or more developed countries that are party to this
Convention or only the 1952 Convention, the period shall be one year instead of three.
(b) A Contracting State to which Article V-bis (1) applies may, with the
unanimous agreement of the developed countries party to this Convention or only the
1952 Convention and in which the same language is in general use, substitute, in the
case of translation into that language, for the period of three years provided for in
sub-paragraph (a) another period as determined by such agreement but not shorter
than one year. However, this sub-paragraph shall not apply where the language in
question is English, French or Spanish. Notification of any such agreement shall be
made to the Director-General.
(c)
The licence may only be granted if the applicant, in accordance with the
procedure of the State concerned, establishes either that he has requested, and been
denied, authorization by the owner of the right of translation, or that, after due
diligence on his part, he was unable to find the owner of the right. At the same time
as he makes his request he shall inform either the International Copyright Information
Center established by the United Nations Educational Scientific and Cultural
Organization or any national or regional information centre which may have been
designated in a notification to that effect deposited with the Director-General by the
government of the State in which the publisher is believed to have his principal place
of business.
(d)
If the owner of the right of translation cannot be found, the applicant for
a licence shall send, by registered airmail, copies of this application to the publisher
whose name appears on the work and to any national or regional information center
as mentioned in sub-paragraph (c). If no such center is notified he shall also send a
copy to the international copyright information center established by the United
Nations Educational Scientific and Cultural Organization.
2.
(a)
Licences obtainable after three years shall not be granted under this
Article until a further period of six months has elapsed and licences obtainable after
one year until a further period of nine months has elapsed. The further period shall
begin either from the date of the request for permission to translate mentioned in
paragraph 1 (c) or, if the identity or address of the owner of the right of translation is
not known, from the date of dispatch of the copies of the application for a licence
mentioned in paragraph 1 (d).
10
(b) Licences shall not be granted if a translation has been published by the
owner of the right of translation or with his authorization during the said period of six
or nine months.
3.
Any licence under this Article shall be granted only for the purpose of teaching,
scholarship or research.
4.
(a) Any licence granted under this Article shall not extend to the export of
copies and shall be valid only for publication in the territory of the Contracting State
where it has been applied for.
(b) Any copy published in accordance with a licence granted under this
Article shall bear a notice in the appropriate language stating that the copy is available
for distribution only in the Contracting State granting the licence. If the writing bears
the notice specified in Article III (1) the copies shall bear the same notice.
(c)
The prohibition of export provided for in sub-paragraph (a) shall not apply
where a governmental or other public entity of a State which has granted a licence
under this Article to translate a work into a language other than English, French or
Spanish sends copies of a translation prepared under such licence to another country
if:
(i)
the recipients are individuals who are nationals of the Contracting
State granting the licence, 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 the object of commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the
Contracting State to allow the receipt, distribution or both and the
Director-General has been notified of such agreement by any one of the
governments which have concluded it.
5.
Due provision shall be made at the national level to ensure:
(a)
that the licence provides for just compensation that is consistent with
standards of royalties normally operating in the case of licences freely negotiated
between persons in the two countries concerned; and
11
(b) payment and transmittal of the compensation; however, 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.
6.
Any licence granted by a Contracting State under this Article shall terminate if a
translation of the work in the same language with substantially the same content as
the edition in respect of which the licence was granted is published in the said State by
the owner of the right of translation or with his authorization, at a price reasonably
related to that normally charged in the same State for comparable works. Any copies
already made before the licence is terminated may continue to be distributed until
their stock is exhausted.
7.
For works which are composed mainly of illustrations a licence to translate the
text and to reproduce the illustrations may be granted only if the conditions of Article
V-quater are also fulfilled.
8.
(a) A licence to translate a work protected under this Convention, published
in printed or analogous forms of reproduction, may also be granted to a broadcasting
organization having its headquarters in a Contracting State to which Article V-bis (1)
applies, upon an application made in that State by the said organization under the
following conditions:
(i)
the translation is made from a copy made and acquired in
accordance with the laws of the Contracting State;
(ii)
the translation is for use only 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 set out in
condition (ii), through broadcasts lawfully made which are intended for
recipients on the territory of the Contracting State, including broadcasts made
through the medium of sound or visual recordings lawfully and exclusively made
for the purpose of such broadcasts;
(iv) sound or visual recordings of the translation may be exchanged
only between broadcasting organizations having their headquarters in the
Contracting State granting the licence; and
(v) all uses made of the translation are without any commercial
purpose.
12
(b) Provided all of the criteria and conditions set out in sub-paragraph (a) are
met, a licence may also be granted to a broadcasting organization to translate any text
incorporated in an audio-visual fixation which was itself prepared and published for
the sole purpose of being used in connection with systematic instructional activities.
(c)
Subject to sub-paragraphs (a) and (b), the other provisions of this Article
shall apply to the grant and exercise of the licence.
9.
Subject to the provisions of this Article, any licence granted under this Article
shall be governed by the provisions of Article V, and shall continue to be governed by
the provisions of Article V and of this Article, even after the seven-year period
provided for in Article V (2) has expired. However, after the said period has expired,
the licensee shall be free to request that the said licence be replaced by a new licence
governed exclusively by the provisions of Article V.
Article V-quater (4th part)
1.
Any Contracting State to which Article V-bis (1) applies may adopt the following
provisions:
(a)
If, after the expiration of (i) the relevant period specified in sub-paragraph
(c) commencing from the date of first publication of a particular edition of a literary,
scientific or artistic work referred to in paragraph 3, or (ii) any longer period
determined by national legislation of the State; copies of such edition have not been
distributed in that State to the general public or in connection with systematic
instructional activities at a price reasonably related to that normally charged in the
State for comparable works, by the owner of the right of reproduction or with his
authorization, any national of such State may obtain a non-exclusive licence from the
competent authority to publish such edition at that or a lower price for use in
connection with systematic instructional activities. The licence may only be granted if
such national, in accordance with the procedure of the State concerned, establishes
either that he has requested, and been denied, authorization by the proprietor of the
right to publish such work, or that, after due diligence on his part, he was unable to
find the owner of the right. At the same time as he makes his request he shall inform
either the international copyright information center established by the United
Nations Educational, Scientific and Cultural Organization or any national or regional
information center referred to in sub-paragraph (d).
(b) A licence may also be granted on the same conditions if, for a period of six
months, no authorized copies of the edition in question have been on sale in the State
concerned to the general public or in connection with systematic instructional
activities at a price reasonably related to that normally charged in the State for
comparable works.
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(c)
The period referred to in sub-paragraph (a) 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.
(d)
If the owner of the right of reproduction cannot be found, the applicant
for a licence shall send, by registered air mail, copies of his application to the publisher
whose name appears on the work and to any national or regional information centre
identified as such in a notification deposited with the Director-General by the State in
which the publisher is believed to have his principal place of business. In the absence
of any such notification, he shall also send a copy to the international copyright
information center established by the United Nations Educational, Scientific and
Cultural Organization. The licence shall not be granted before the expiration of a
period of three months from the date of dispatch of the copies of the application.
(e)
Licences obtainable after three years shall not be granted under this
Article:
(i)
until a period of six months has elapsed from the date of the
request for permission referred to in sub-paragraph (a) or, if the identity or
address of the owner of the right of reproduction is unknown, from the date of
the dispatch of the copies of the application for a licence referred to in sub-
paragraph (d);
(ii)
if any such distribution of copies of the edition as is mentioned in
sub-paragraph (a) has taken place during that period.
(f)
The name of the author and the title of the particular edition of the work
shall be printed on all copies of the published reproduction. The licence shall not
extend to the export of copies and shall be valid only for publication in the territory of
the Contracting State where it has been applied for. The licence shall not be
transferable by the licensee.
(g) Due provision shall be made by domestic legislation to ensure an accurate
reproduction of the particular edition in question.
(h) A licence to reproduce and publish a translation of a work shall not be
granted under this Article in the following cases:
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(i) where the translation was not published by the owner of the right
of translation or with his authorization;
(ii) where the translation is not in a language in general use in the
State with power to grant the licence.
2.
The exceptions provided for in paragraph 1 are subject to the following
additional provisions:
(a) Any copy published in accordance with a licence granted under this
Article shall bear a notice in the appropriate language stating that the copy is available
for distribution only in the Contracting State to which the said licence applies. If the
edition bears the notice specified in Article III (1), the copies shall bear the same
notice.
(b) Due provision shall be made at the national level to ensure:
(i)
that the licence provides for just compensation that is consistent
with standards of royalties normally operating in the case of licences freely
negotiated between persons in the two countries concerned; and
(ii) payment and transmittal of the compensation; however, 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.
(c) Whenever copies of an edition of a work are distributed in the
Contracting State 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, State for comparable works, any
licence granted under this Article shall terminate if such edition is in the same
language and is substantially the same in content as the edition published under the
licence. Any copies already made before the licence is terminated may continue to be
distributed until their stock is exhausted.
(d) No licence shall be granted when the author has withdrawn from
circulation all copies of the edition in question.
3.
(a) Subject to sub-paragraph (b), the literary, scientific or artistic works to
which this Article applies shall be limited to works published in printed or analogous
forms of reproduction.
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(b) The provisions of this Article shall also apply to 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 State with power to grant the licence; 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 VI
‘Publication’, as used in this Convention, means the reproduction in tangible form and
the general distribution to the public of copies of a work from which it can be read or
otherwise visually perceived.
Article VII
This Convention shall not apply to works or rights in works which, at the effective date
of this Convention in a Contracting State where protection is claimed, are permanently
in the public domain in the said Contracting State.
Article VIII
1.
This Convention, which shall bear the date of 24 July 1971, shall be deposited
with the Director-General and shall remain open for signature by all States party to the
1952 Convention for a period of 120 days after the date of this Convention. It shall be
subject to ratification or acceptance by the signatory States.
2.
Any State which has not signed this Convention may accede thereto.
3.
Ratification, acceptance or accession shall be effected by the deposit of an
instrument to that effect with the Director-General.
Article IX
1.
This Convention shall come into force three months after the deposit of twelve
instruments of ratification, acceptance or accession.
2.
Subsequently, this Convention shall come into force in respect of each State
three months after that State has deposited its instrument of ratification, acceptance
or accession.
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3.
Accession to this Convention by a State not party to the 1952 Convention shall
also constitute accession to that Convention; however, if its instrument of accession is
deposited before this Convention comes into force, such State may make its accession
to the 1952 Convention conditional upon the coming into force of this Convention.
After the coming into force of this Convention, no State may accede solely to the 1952
Convention.
4.
Relations between States party to this Convention and States that are party only
to the 1952 Convention, shall be governed by the 1952 Convention. However, any
State party only to the 1952 Convention may, by a notification deposited with the
Director-General, declare that it will admit the application of the 1971 Convention to
works of its nationals or works first published in its territory by all States party to this
Convention.
Article X
1.
Each Contracting State undertakes to adopt, in accordance with its Constitution,
such measures as are necessary to ensure the application of this Convention.
2.
It is understood that at the date this Convention comes into force in respect of
any State, that State must be in a position under its domestic law to give effect to the
terms of this Convention.
Article XI
1.
An Intergovernmental Committee is hereby established with the following
duties:
(a)
to study the problems concerning the application and operation of the
Universal Copyright Convention;
(b)
to make preparation for periodic revisions of this Convention;
(c)
to study any other problems concerning the international protection of
copyright, in co-operation with the various interested international organizations, such
as the United Nations Educational, Scientific and Cultural Organization, the
International Union for the Protection of Literary and Artistic Works and the
Organization of American States;
(d)
to inform States party to the Universal Copyright Convention as to its
activities.
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2.
The Committee shall consist of the representatives of eighteen States party to
this Convention or only to the 1952 Convention.
3.
The Committee shall be selected with due consideration to a fair balance of
national interests on the basis of geographical location, population, languages and
stage of development.
4.
The Director-General of the United Nations Educational Scientific and Cultural
Organization, the Director-General of the World Intellectual Property Organization and
the Secretary-General of the Organization of American States, or their representatives,
may attend meetings of the Committee in an advisory capacity.
Article XII
The Intergovernmental Committee shall convene a conference for revision whenever
it deems necessary, or at the request of at least ten States party to this Convention.
Article XIII
1.
Any Contracting State may, at the time of deposit of its instrument of
ratification, acceptance or accession, or at any time thereafter, declare by notification
addressed to the Director-General that this Convention shall apply to all or any of the
countries or territories for the international relations of which it is responsible and this
Convention shall thereupon apply to the countries or territories named in such
notification after the expiration of the term of three months provided for in Article IX.
In the absence of such notification, this Convention shall not apply to any such country
or territory.
2.
However, nothing in this Article shall be understood as implying the recognition
or tacit acceptance by a Contracting State of the factual situation concerning a country
or territory to which this Convention is made applicable by another Contracting State
in accordance with the provisions of this Article.
Article XIV
1.
Any Contracting State may denounce this Convention in its own name or on
behalf of all or any of the countries or territories with respect to which a notification
has been given under Article XIII. The denunciation shall be made by notification
addressed to the Director-General. Such denunciation shall also constitute
denunciation of the 1952 Convention.
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2.
Such denunciation shall operate only in respect of the State or of the country or
territory on whose behalf it was made and shall not take effect until twelve months
after the date of receipt of the notification.
Article XV
A dispute between two or more Contracting States concerning the interpretation or
application of this Convention, not settled by negotiation, shall, unless the States
concerned agree on some other method of settlement, be brought before the
International Court of Justice for determination by it.
Article XVI
1.
This Convention shall be established in English, French and Spanish. The three
texts shall be signed and shall be equally authoritative.
2.
Official texts of this Convention shall be established by the Director-General,
after consultation with the governments concerned, in Arabic, German, Italian and
Portuguese.
3.
Any Contracting State or group of Contracting States shall be entitled to have
established by the Director-General other texts in the language of its choice by
arrangement with the Director-General.
4.
All such texts shall be annexed to the signed texts of this Convention.
Article XVII
1.
This Convention shall not in any way affect the provisions of the Berne
Convention for the Protection of Literary and Artistic Works or membership in the
Union created by that Convention.
2.
In application of the foregoing paragraph, a declaration has been annexed to the
present Article. This declaration is an integral part of this Convention for the States
bound by the Berne Convention on 1 January 1951, or which have or may become
bound to it at a later date. The signature of this Convention by such States shall also
constitute signature of the said declaration, and ratification, acceptance or accession
by such States shall include the declaration, as well as this Convention.
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Article XVIII
This Convention shall not abrogate multilateral or bilateral copyright conventions or
arrangements that are or may be in effect exclusively between two or more American
Republics. In the event of any difference either between the provisions of such
existing conventions or arrangements and the provisions of this Convention, or
between the provisions of this Convention and those of any new convention or
arrangement which may be formulated between two or more American Republics
after this Convention comes into force, the convention or arrangement most recently
formulated shall prevail between the parties thereto. Rights in works acquired in any
Contracting State under existing conventions or arrangements before the date this
Convention comes into force in such State shall not be affected.
Article XIX
This Convention shall not abrogate multilateral or bilateral conventions or
arrangements in effect between two or more Contracting States. In the event of any
difference between the provisions of such existing conventions or arrangements and
the provisions of this Convention, the provisions of this Convention shall prevail.
Rights in works acquired in any Contracting State under existing conventions or
arrangements before the date on which this Convention comes into force in such State
shall not be affected. Nothing in this Article shall affect the provisions of Articles XVII
and XVIII.
Article XX
Reservations to this Convention shall not be permitted.
Article XXI
1.
The Director-General shall send duly certified copies of this Convention to the
States interested and to the Secretary-General of the United Nations for registration
by him.
2.
He shall also inform all interested States of the ratifications, acceptances and
accessions which have been deposited, the date on which this Convention comes into
force, the notifications under this Convention and denunciations under Article XIV.
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Appendix Declaration relating to Article XVII
The States which are members of the International Union for the Protection of Literary
and Artistic Works (hereinafter called ‘the Berne Union’) and which- are signatories to
this Convention;
Desiring to reinforce their mutual relations on the basis of the said Union and to avoid
any conflict which might result from the co-existence of the Berne Convention and the
Universal Copyright Convention;
Recognizing the temporary need of some States to adjust their level of copyright
protection in accordance with their stage of cultural, social and economic
development;
Have, by common agreement, accepted the terms of the following declaration:
(a) Except as provided by paragraph (b), works which, according to the Berne
Convention, have as their country of origin a country which has withdrawn from the
Berne Union after 1 January 1951, shall not be protected by the Universal Copyright
Convention in the countries of the Berne Union;
(b) Where a Contracting State is regarded as a developing country in conformity
with the established practice of the General Assembly of the United Nations, and has
deposited with the Director-General of the United Nations Educational Scientific and
Cultural Organization, at the time of its withdrawal from the Berne Union, a
notification to the effect that it regards itself as a developing country, the provisions of
paragraph (a) shall not be applicable as long as such State may avail itself of the
exceptions provided for by this Convention in accordance with Article V-bis;
(c)
The Universal Copyright Convention shall not be applicable to the relationships
among countries of the Berne Union in so far as it relates to the protection of works
having as their country of origin, within the meaning of the Berne Convention, a
country of the Berne Union.
21
Resolution concerning Article XI
The Conference for Revision of the Universal Copyright Convention,
Having considered the problems relating to the Intergovernmental Committee
provided for in Article XI of this Convention, to which this resolution is annexed;
Resolves that:
1.
At its inception, the Committee shall include representatives of the twelve
States members of the Intergovernmental Committee established under Article XI of
the 1952 Convention and the resolution annexed to it, and, in addition,
representatives of the following States: Algeria, Australia, Japan, Mexico, Senegal and
Yugoslavia.
2.
Any States that are not party to the 1952 Convention and have not acceded to
this Convention before the first ordinary session of the Committee following the entry
into force of this Convention shall be replaced by other States to be selected by the
Committee at its first ordinary session in conformity with the provisions of Article XI
(2) and (3).
3.
As soon as this Convention comes into force the Committee as provided for in
paragraph 1 shall be deemed to be constituted in accordance with Article XI of this
Convention.
4.
A session of the Committee shall take place within one year after the coming
into force of this Convention; thereafter the Committee shall meet in ordinary session
at intervals of not more than two years.
5.
The Committee shall elect its Chairman and'-two Vice-Chairmen. It shall
establish its Rules of Procedure having regard to the following principles:
(a) The normal duration of the term of office of the members represented on
the Committee shall be six years with one-third retiring every two years, it being
however understood that, of the original terms of office, one-third shall expire at the
end of the Committee's second ordinary session which will follow the entry into force
of this Convention, a further third at the end of its third ordinary session, and the
remaining third at the end of its fourth ordinary session.
22
(b) The rules governing the procedure whereby the Committee shall fill
vacancies, the order in which terms of membership expire, eligibility for re-election,
and election procedures, shall be based upon a balancing of the needs for continuity
of membership and rotation of representation, as well as the considerations set out in
Article XI (3).
Expresses the wish that the United Nations Educational Scientific and Cultural
Organization provide its Secretariat.
IN FAITH WHEREOF the undersigned, having deposited their respective full powers,
have signed this Convention.
Done at Paris, this twenty-fourth day of July 1971, in a single copy.