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BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (Paris Text 1971)
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edition
[
Global Index
]
ARTICLE-II
[
go to this ARTICLE
]
... (b) A
license
under the
conditions
provided for in this
Article
may also be
granted
if all the
editions
of the
translation
published
in the
language
concerned
are
out of print
. ...
ARTICLE-III
[
go to this ARTICLE
]
... (i) the
relevant
period
specified in paragraph (3), commencing on the
date
of first
publication
of a particular
edition
of the
work
, or ...
... (ii) any longer
period
determined
by
national legislation
of the
country
referred to in paragraph (1), commencing on the same
date
,
copies
of such
edition
have not been
distributed
in that
country
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
country
for
comparable works
, any
national
of such
country
may obtain a
license
to
reproduce
and
publish
such
edition
at that or a lower
price
for use in
connection
with
systematic instructional activities
. ...
... (ii) any longer
period
determined
by
national legislation
of the
country
referred to in paragraph (1), commencing on the same
date
,
copies
of such
edition
have not been
distributed
in that
country
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
country
for
comparable works
, any
national
of such
country
may obtain a
license
to
reproduce
and
publish
such
edition
at that or a lower
price
for use in
connection
with
systematic instructional activities
. ...
... (b) A
license
to
reproduce
and
publish
an
edition
which has been
distributed
as
described
in sub-paragraph (a) may also be
granted
under the
conditions
provided for in this
article
if, after the
expiration
of the applicable
period
, no
authorized
copies
of that
edition
have been on
sale
for a
period
of six
months
in the
country
concerned
to the
general public
or in
connection
with
systematic instructional activities
at a
price
reasonably related to that normally charged in the
country
for
comparable works
. ...
... (b) A
license
to
reproduce
and
publish
an
edition
which has been
distributed
as
described
in sub-paragraph (a) may also be
granted
under the
conditions
provided for in this
article
if, after the
expiration
of the applicable
period
, no
authorized
copies
of that
edition
have been on
sale
for a
period
of six
months
in the
country
concerned
to the
general public
or in
connection
with
systematic instructional activities
at a
price
reasonably related to that normally charged in the
country
for
comparable works
. ...
... (d) No
license
shall be
granted
if the
author
has withdrawn from
circulation
all
copies
of the
edition
for the
reproduction
and
publication
of which the
license
has been applied for. ...
... (6) If
copies
of an
edition
of a
work
are
distributed
in the
country
referred to in paragraph (1) 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
country
for
comparable works
, any
license
granted
under this
article
shall
terminate
if such
edition
is in the same
language
and with substantially the same content as the
edition
which was
published
under the said
license
. Any
copies
already made before the
license
terminates
may
continue
to be
distributed
until their
stock
is
exhausted
. ...
... (6) If
copies
of an
edition
of a
work
are
distributed
in the
country
referred to in paragraph (1) 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
country
for
comparable works
, any
license
granted
under this
article
shall
terminate
if such
edition
is in the same
language
and with substantially the same content as the
edition
which was
published
under the said
license
. Any
copies
already made before the
license
terminates
may
continue
to be
distributed
until their
stock
is
exhausted
. ...
... (6) If
copies
of an
edition
of a
work
are
distributed
in the
country
referred to in paragraph (1) 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
country
for
comparable works
, any
license
granted
under this
article
shall
terminate
if such
edition
is in the same
language
and with substantially the same content as the
edition
which was
published
under the said
license
. Any
copies
already made before the
license
terminates
may
continue
to be
distributed
until their
stock
is
exhausted
. ...
ARTICLE-IV
[
go to this ARTICLE
]
... (1) A
license
under
Article
III
may be
granted
only if the
applicant
, in
accordance
with the
procedure
of the
country
concerned
, establishes either that he has requested, and has been denied,
authorization
by the
owner
of the
right
to make and
publish
the
translation
or to
reproduce
and
publish
the
edition
, as the
case
may be, or that, after
due
diligence
on his part, he was
unable
to
find
the
owner
of the
right
. At the same
time
as making the
request
, the
applicant
shall inform any
national
or
international
information center
referred to in paragraph (2). ...
... (b)
Due
provision
shall be made by
national legislation
to ensure a
correct translation
of the
work
, or an
accurate reproduction
of the particular
edition
, as the
case
may be. ...
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D
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J
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K
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M
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