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BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (Paris Text 1971)
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language
[
Global Index
]
ARTICLE-30
[
go to this ARTICLE
]
... (b) Any
country
outside the
Union
may
declare
, in
acceding
to this
Convention
and
subject
to
Article
8
of this
Act
concerning
the
right of translation
, the
provisions
of
Article
5 of the
Union
Convention
of 1886, as completed at
Paris
in 1896, on the clear
understanding
that the said
provisions
are applicable only to
translations
into a
language
in
general
use in the said
country
.
Subject
to
Article
I
(6)(b) of the Appendix, any
country
has the
right
to apply, in
relation
to the
right of translation
of
works
whose
country of origin
is a
country
availing itself of such a
reservation
, a
protection
which is
equivalent
to the
protection
granted
by the latter
country
. ...
ARTICLE-37
[
go to this ARTICLE
]
... (a) This
Act
shall be
signed
in a
single
copy
in the
French
and
English
languages
and,
subject
to paragraph (2), shall be
deposited
with the
Director General
. ...
... (b)
Official
texts shall be
established
by the
Director General
, after
consultation
with the interested
Governments
, in the
Arabic
,
German
,
Italian
,
Portuguese
and
Spanish
languages
, and such other
languages
as the
Assembly
may
designate
. ...
... (b)
Official
texts shall be
established
by the
Director General
, after
consultation
with the interested
Governments
, in the
Arabic
,
German
,
Italian
,
Portuguese
and
Spanish
languages
, and such other
languages
as the
Assembly
may
designate
. ...
ARTICLE-II
[
go to this ARTICLE
]
... (a)
Subject
to paragraph (3), if, after the
expiration
of a
period
of three
years
, or of any longer
period
determined
by the
national legislation
of the said
country
, commencing on the
date
of the first
publication
of the
work
, a
translation
of such
work
has not been
published
in a
language
in
general
use in that
country
by the
owner
of the
right of translation
, or with his
authorization
, any
national
of such
country
may obtain a
license
to make a
translation
of the
work
in the said
language
and
publish
the
translation
in
printed
or analogous forms of
reproduction
. ...
... (a)
Subject
to paragraph (3), if, after the
expiration
of a
period
of three
years
, or of any longer
period
determined
by the
national legislation
of the said
country
, commencing on the
date
of the first
publication
of the
work
, a
translation
of such
work
has not been
published
in a
language
in
general
use in that
country
by the
owner
of the
right of translation
, or with his
authorization
, any
national
of such
country
may obtain a
license
to make a
translation
of the
work
in the said
language
and
publish
the
translation
in
printed
or analogous forms of
reproduction
. ...
... (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
. ...
... (a) In the
case
of
translations
into a
language
which is not in
general
use in one or more
developed countries
which are
members
of the
Union
, a
period
of one
year
shall be substituted for the
period
of three
years
referred to in paragraph (2)(a). ...
... (b) Any
country
referred to in paragraph (1) may, with the
unanimous agreement
of the
developed countries
which are
members
of the
Union
and in which the same
language
is in
general
use, substitute, in the
case
of
translations
into that
language
, for the
period
of three
years
referred to in paragraph (2)(a) a shorter
period
as
determined
by such
agreement
but not less than one
year
. However, the
provisions
of the foregoing
sentence
shall not apply where the
language
in
question
is
English
,
French
or
Spanish
. The
Director General
shall be notified of any such
agreement
by the
Governments
which have concluded it. ...
... (b) Any
country
referred to in paragraph (1) may, with the
unanimous agreement
of the
developed countries
which are
members
of the
Union
and in which the same
language
is in
general
use, substitute, in the
case
of
translations
into that
language
, for the
period
of three
years
referred to in paragraph (2)(a) a shorter
period
as
determined
by such
agreement
but not less than one
year
. However, the
provisions
of the foregoing
sentence
shall not apply where the
language
in
question
is
English
,
French
or
Spanish
. The
Director General
shall be notified of any such
agreement
by the
Governments
which have concluded it. ...
... (b) Any
country
referred to in paragraph (1) may, with the
unanimous agreement
of the
developed countries
which are
members
of the
Union
and in which the same
language
is in
general
use, substitute, in the
case
of
translations
into that
language
, for the
period
of three
years
referred to in paragraph (2)(a) a shorter
period
as
determined
by such
agreement
but not less than one
year
. However, the
provisions
of the foregoing
sentence
shall not apply where the
language
in
question
is
English
,
French
or
Spanish
. The
Director General
shall be notified of any such
agreement
by the
Governments
which have concluded it. ...
... (b) If, during the said
period
of six or nine
months
, a
translation
in the
language
in
respect
of which the
application
was made is
published
by the
owner
of the
right of translation
or with his
authorization
, no
license
under this
Article
shall be
granted
. ...
... (6) If a
translation
of a
work
is
published
by the
owner
of the
right of translation
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
translation
is in the same
language
and with substantially the same content as the
translation
published
under the
licence
. Any
copies
already made before the
license
terminated may
continue
to be
distributed
until their
stock
is
exhausted
. ...
ARTICLE-III
[
go to this ARTICLE
]
... (ii) where the
translation
is not in a
language
in
general
use in the
country
in which the
license
is 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
. ...
... (b) This
article
shall also apply to the
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
country
in which the
license
is applied for, 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-IV
[
go to this ARTICLE
]
... (c) Where a
governmental
or other
public entity
of a
country
which has
granted
a
license
to make a
translation
under
Article
II
into a
language
other than
English
,
French
or
Spanish
sends
copies
of a
translation
published
under such
license
to another
country
, such sending of
copies
shall not, for the
purposes
of sub-paragraph (a), be considered to
constitute
export
if all of the following
conditions
are met:
(i) the
recipients
are
individuals
who are
nationals
of the
country
whose
competent authority
has
granted
the
license
, 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 any
commercial purpose
; and
(iv) the
country
to which the
copies
have been sent has
agreed
with the
country
whose
competent authority
has
granted
the
license
to allow the
receipt
, or
distribution
, or both, and the
Director General
has been notified of the
agreement
by the
Government
of the
country
in which the
license
has been
granted
.
...
... (5) All
copies
published
under a
license
granted
by
virtue
of
Article
III
shall bear a
notice
in the appropriate
language
stating that the
copies
are available for
distribution
only in the
country
or
territory
to which the said
license
applies. ...
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