Universal Copyright Convention as revised at Paris

Article V ter.

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 Centre 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 his application
to the publisher whose name appears on the work and to any national or
regional information centre as mentioned in sub-paragraph (c). If no such
centre is notified he shall also send a copy to the International copyright
information centre 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).

(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
(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.
(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
connexion 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.

Author: international