Universal Copyright Convention as revised at Paris 2

Universal Copyright Convention as revised at Paris

 

Article V.

1. The rights referred to in article I 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:

(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 of 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.
Article V bis.

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 its
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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *