Of The Berne Convention For The Protection Of Literary And Artistic Works

Original Language Title: o Bernské úmluvě o ochraně literárních a uměleckých děl

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=34669&nr=133~2F1980~20Sb.&ft=txt

133/1980 Sb.



DECREE



Minister of Foreign Affairs



of 8 March. July 1980



of the Berne Convention for the protection of literary and artistic works of 9 September. September

1886, completed in Paris on 4. in may 1896, revised at Berlin on the day

November 13, 1908, completed at Berne on 20. March 1914 and revised in

Rome on 2. June 1928, at Brussels on 26. June 1948, in Stockholm

on 14 June 2005. July 1967 and at Paris on 24. July 1971



19/1985: Sb.



24 September. July 1971 in Paris was revised Berne Convention for the protection of

literary and artistic works of 9 September. September 1886. With the revision of the Berne

the Convention expressed its approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the President of the Republic ratified it, subject to the

Article 33 paragraph 1 of the Convention. The instrument of accession of the Czechoslovak

the Socialist Republic was deposited with the Director General of the world

intellectual property organization on 11 July. April 1980.



For the Czechoslovak Socialist Republic entered the revised

Berne Convention into force pursuant to its article 28, on 11 March 2006. April 1980.



Czech translation of the text of the Convention shall be published at the same time.



First Deputy: Ing. Book v.r.



Berne Convention for the protection of literary and artistic works, of 9 September. September

1886, and completed in Paris on 4. in may 1896, revised at Berlin on the day

November 13, 1908, completed at Berne on 20. March 1914 and revised in

Rome on 2. June 1928, at Brussels on 26. June 1948, in Stockholm

on 14 June 2005. July 1967 and at Paris on 24. July 1971



States of the Union, a common desire to protect the full effective and uniform

manner as possible, the rights of authors in their literary and artistic

the works,



Recognizing the importance of the work of the Review Conference, which was held in

Stockholm in 1967,



have decided to revise the Act adopted by the Stockholm Conference

leaving without change articles 1 to 20 and 22 to 26 of that Act.



To this end the undersigned agents after submission of their full powers,

they were found in good and due form, was agreed on this:



Article 1



States to which this Convention applies constitute a Union for the protection of, the rights of

authors in their literary and artistic works.



Article 2



(1) the expression "literary and artistic works" shall include all the creations of

literary, scientific and artistic areas, regardless of the manner or form of

their observations such as: books, pamphlets and other writings; lectures,

speeches, sermons and other works of the same nature; dramatic or musical

dramatic works; choreographic works and pantomimes; music tracks with

text or no text; cinematographic works to which are assimilated works

expressed in the film; works of drawing, painting,

architecture, sculpture, engraving, lithography; photographic works,

which are assimilated works expressed in the

the photograph; works of applied art; illustrations, geographical maps; plans,

sketches and plastic works geographical, místopisná, architectural or

scientific.



(2) the activities of the States of the Union, however, reserves the possibility to provide that

literary and artistic works, or one or more categories from them are not

protected, if they are not captured on the tangible record.



(3) translation, editing, music editing and other literary or processing

artistic works are protected as original works without prejudice to the copyright in

the rights to the original work.



(4) the activities of the various States of the Union shall be reserved ownership protection

accorded to the official texts in the field of legislation, public administration and

the judiciary, as well as official translations of such texts.



(5) collections of literary or artistic works such as encyclopaedias and

Anthology of the selection and arrangement of their contents they are mental

the creations are individually protected by copyright without detriment to each

of the works, which are part of such proceedings.



(6) the Works referred to in this article shall enjoy protection in all States of the Union.

This protection operates in favour of the author and his successors in title.



(7) the activities of the various States of the Union shall be reserved, to amend with regard to

the provisions of article 7 (2). 4 this Convention the scope of their laws

the works of applied art and industrial designs and models, as well as the conditions

for which such works, designs and models protected. For works that are

in the State of origin protected only as patterns and models, can be in another

State of the Union challenge only the special protection which is granted in this

State models and models; If, however, does not provide in this state of such

special protection, the work is protected as works of art.



(8) the protection under this Convention shall not apply to news of the day or to

miscellaneous facts having the character of mere press information.



Article 2



(1) the activities of the States of the Union shall be reserved the possibility to exclude partially or

completely out of protection referred to in the preceding article political speeches and speech

was made in judicial deliberations.



(2) the activities of the States of the Union shall also reserve the option of fixing

the conditions under which lectures, speeches and other works of the same nature,

raised in public, may be copied, broadcast printing

radio or television, transmitted by wire to the public and become

subject to public dissemination pursuant to article 11 bis, paragraph 1. 1 to this Convention,

If such use is justified by informational purposes.



(3) However, the author has the exclusive right to purchase their works referred to in the file

the previous paragraphs.



Article 3



(1) in accordance with this Convention are protected:



and authors who are) citizens of one of the States of the Union, for their works, whether

already published or not;



b) authors who are not citizens of one of the States of the Union, for their works

first published in one of these States, or at the same time in the State,

that is not a member of the Union, and in the State of the Union.



(2) authors who are not nationals of one of the States of the Union, but they have in the

one of them, their permanent residence, for the purposes of this Convention,

brought on a par with citizens of that State.



(3) "Published" means works published with the permission of their

the authors, whether reproductions were made in any way, if

such copies of the menu caters to, having regard to the nature of the work,

the reasonable needs of the public. The operation makes a dramatic, musically

a dramatic or musical film, the execution of the work, the public recitation

literary works, transmission of literary or artistic works, by wire or

their radio or television broadcasts, exposure to the works of fine arts

and the construction of an architectural work shall not be considered for publication.



(4) a work shall be deemed published simultaneously in several Member States,

If it came out in two or more States in the span of 30 days of their

the first publication.



Article 4



According to this Convention shall be protected, even if the conditions referred to in article 3

are not met,



and the authors of cinematographic works), which the manufacturer has his registered office or permanent residence

in one of the States of the Union;



(b)) the authors of architectural masterpieces built in State of the Union or of the works

graphic and fine arts, which form part of the building located in the

State of the Union.



Article 5



(1) the authors have in relation to the works for which they are protected under this

the Convention, in the other States of the Union in addition to the State of origin of the work rights

the relevant laws already accorded in the future by recognizing their

citizens, as well as the rights specially granted by this Convention.



(2) the enjoyment and exercise of these rights is not subject to any formality; This

the enjoyment and the exercise does not depend on the protection in force in the Member State of origin of the work.

Therefore, subject to the provisions of this Convention governs the scope of protection, as well as

legal resources reserved to the author in order to preserve its rights exclusively to the laws of the

State where protection is claimed.



(3) the protection of the State of origin is governed by domestic law. If it is not, however,

the author of the citizen of the State of origin of the work for which it is protected under this Convention,

in such a State will have the same rights as authors, who are its citizens.



(4) in the State of origin shall be considered:



and for the first time, for works published) in the State of the Union by that State; If, however, the

works published simultaneously in multiple States of the Union, which provide different

the term of protection, the one whose legal order provides the shortest time

protection;



(b)), for works published simultaneously in a State which is not a member of the Union, and in

This state of the Union State of the Union;



(c)) for neuveřejněných works or published for the first time, for works in the State which

It is not a member of the Union, without simultaneous publication in a country of the Union State

The Union, of which he is the author of a citizen, with the fact that



(i) in the case of works of film, whose producer has its registered office or permanent

residence in the State of the Union, that State is the State of origin, and



(ii) in the case of architectural works built in the State of the Union or of the works

graphic and fine arts, which form part of the building located in the

State of the Union, that State is the State of origin.



Article 6



(1) does not protect any State which is not a member of the Union, work

authors who are nationals of one of the States of the Union, the State of the Union

to limit the protection of works whose authors are at the time of the first publication of their

the citizens of that State, works and do not have their permanent residence in one of the States

Union. The use of this State, where the first publication,


the other States of the Union are not required to provide parts of subordinated to this

specific arrangements for broader protection than what they provide in the State

where the first publication occurred.



(2) no restrictions imposed under the preceding paragraph shall not affect the

rights which the author took in relation to the uveřejněnému in a State

The Union before the effective date of such a restriction.



(3) the States of the Union, which will limit under this article, the protection of the rights of authors,

It shall inform the Director General of the world intellectual property organization

ownership (hereinafter referred to as "the Director General") by a written declaration in which the

will be listed by the States against which the protection is limited, as well as the limitations,

which are subject to the rights of authors who are nationals of such States.

The Director-General shall notify this fact immediately to all States of the Union.



Article 6



(1) independently of the copyright and proprietary rights notices even after their

has the author the right to claim authorship of the work and to resist

each defacement, mutilation, or other modification of the work, as well as other

intervention in the work which would be prejudicial to his honor or reputation.



(2) the rights granted to the author in accordance with paragraph 1 shall, after his death

keep at least until the demise of the economic rights of copyright and

the persons or institutions authorized to do so by the laws of the State where the

claim for protection. Those States whose law valid at the time of

ratification of this Act or the access to it does not contain provisions

to ensure the protection of all the rights recognised in accordance with paragraph 1, after the author's

death, however, they may provide that some of these rights the author's death

cease to exist.



(3) the legal means of protection of rights conferred by this article shall be governed by the

legislation of the country where protection is claimed.



Article 7



(1) the term of protection granted under this Convention shall last for the author's life and

fifty years after his death.



(2) for works of film, however, the States of the Union may provide that the term of protection

It shall expire fifty years after the work was with the permission of the author

made available to the public, or that, in the absence of such facts in the

during the 50 years since the creation of the work, the term of protection shall expire

fifty years after its creation.



(3) in the case of anonymous works or pseudonymních period of protection granted

This Convention fifty years after that, when the work was lawfully made available to the

to the public. If, however, does not inspire the author adopted the pseudonym of doubts as to the

his identity, the term of protection provided for in paragraph 1. Declares the

the author of an anonymous or pseudonymního works his identity during the above

that period, the term of protection provided for in paragraph 1. States

The Union is not required to protect anonymous or pseudonymous works, which can be

reasonably assume that their author is already fifty years dead.



(4) the activities of the various States of the Union the opportunity to lay down the period of time

of protection for photographic works and works of applied art, provided they are protected

as works of art; This time, however, the period must not be less than twenty

five years since the creation of that work.



(5) the term of protection subsequent to the death of the author and time-limits laid down in

paragraphs 2, 3 and 4 shall begin to run from death or of the event referred to in

These paragraphs, but at the beginning of these time-limits are always considered 1.

January of the year following the death or after said event.



(6) countries of the Union may grant a term longer than that laid down in the

the previous paragraphs.



(7) the States of the Union bound Rome Act of this Convention, which granted in accordance with

its national legislation in force at the time of signature of this

the Act less the term of protection than those laid down in the preceding paragraphs,

may is when access to this Act or in its ratification of the keep.



(8) the term of protection is governed by the law of the State in any case where the

claims protection; However, if the law of that State does not provide for

otherwise, shall not exceed that provided for in the State of origin of the work.



Article 7



The provisions of the preceding article shall also apply in the event that the copyright

belongs to the spoluautorům works with the fact that the period beginning with the death of the author,

calculated from the death of co-author that others survived.



Article 8



Authors of literary and artistic works protected by this Convention shall

the entire duration of their rights in the original work the exclusive right to their works

translate or authorising their translation.



Article 9



(1) authors of literary and artistic works protected by this Convention shall have

the exclusive right of authorising the reproduction of such works in any

manner or in any form.



(2) the activities of the States of the Union is to allow the reproduction of

of such works in certain special cases, provided that such reproduction

does not interfere with the normal exploitation of the work and does not unreasonably

prejudice the legitimate interests of the author.



(3) any sound or Visual recording shall be considered for purposes of this

for a copy of the Convention.



Article 10



(1) quotations from a work which has been lawfully made available to the public including

citations from newspaper articles and periodicals in the form of press summaries,

are permitted provided that they are in accordance with fair practice, and in

extent justified the reference purpose.



(2) the activities of the States of the Union and the specific agreements, which between them are

or will they be negotiated, with the opportunity to the extent that is

justified by reference to, allowed to use the literary or artistic

works for the purposes of illustration for teaching in publications, on the air

radio or television or in audio or video records with

provided that such use is in accordance with honest practices.



(3) the citation and the use referred to in the preceding paragraphs, it should be noted

source and author's name, if the name contained in the spring.



Article 10



(1) the activities of the States of the Union shall be reserved to the liberty to reproduce

the press, radio or television broadcast or transmitted to the public after

wire articles on current economic, political or religious

issues published in newspapers or magazines or works of the same nature

broadcast by radio or television, if the reproduction, broadcast, radio

or the television or cable retransmission is expressly reserved. However, it is always

Spring should be clearly stated; the legal consequences of a breach of this obligation

determine the law of the State where protection is claimed.



(2) in addition to the activities of the States of the Union reserves determine the conditions under

which may be used in news coverage of current events photos

film, radio or television broadcasting or transmission to the public by

reproduced and made available to the public by wire, to the extent justified

reference information the purpose of literary or artistic works in such

zhlédnutá events or heard.



Article 11



(1) authors of dramatic, dramatico-musical and musical works

the exclusive right of authorising:



(i) the public performance of their works, whether such

public performance carried out by any means, or

ways;



(ii) for public transport operation and perform their works,

by any means.



(2) authors of dramatic or dramatico-works have all the

the duration of their rights in the original works, the same rights with regard to the

translations of their works.



Article 11



(1) authors of literary and artistic works shall enjoy the exclusive right of

permission:



(i) the broadcasting of their works by radio or television or to their public

communication to the public by any other means of wireless

the dissemination of signs, sounds or images;



(ii) any communication to the public by wire or wireless means, of a work

transmitted by radio or television, when this communication is made by an other

the Organization than the original;



(iii) the public communication of a work transmitted by radio or television

by loudspeaker or any other analogous devices to transfer characters

sounds or images.



(2) the activities of the States of the Union shall be reserved to establish conditions

exercise of the rights referred to in paragraph 1, but the effectiveness of these conditions will be

strictly limited to States that have laid down. In no case may

be detrimental to the personal rights of the author or to the detriment of the rights of the author to a reasonable

the reward, which will determine if there is no agreement, the competent national authority.



(3) if the opposite arrangement, does not include the permission granted in accordance with

paragraph 1 of this article to record a work transmitted by

radio or television using a device used to record sound or

images. The activities of the States of the Union, however, reserves the ownership regime

efemérních records of recorded radio or television organizations

by its own means and for its own broadcasts. This legislation

they can also allow the custody of these records if they have an exceptional

documentary nature, in official archives.



Article 11



(1) authors of literary works shall enjoy the exclusive right of authorising:



(i) the public lecture of their works, whether such public recitation

carried out by any ways or means,



(ii) the public presentation of their works, transfer and any

resources.



(2) authors of literary works shall enjoy throughout the duration of their rights to

the original works, the same rights with regard to the translations of their works.



Article 12




Authors of literary or artistic works shall enjoy the exclusive right of

permission for processing, arrangements and other alterations of their works.



Article 13



(1) each State of the Union may be set for reservations and conditions

regarding the exclusive right granted to the author of the musical work and

the author of the text that already has granted permission to his record, together with the

the music part, authorising the sound recording of that musical

the work, as appropriate, with the text; the effectiveness of all such reservations and conditions

but it will be strictly limited to States which set them, and in no

the case shall not be prejudicial to the rights of these authors to reasonable remuneration,

that will determine if there is no agreement, the competent national authority.



(2) Recordings of musical works, taken in the State of the Union in accordance with article 13 para.

3 conventions signed at Rome on 2. June 1928, and at Brussels on 26. June

1948, may be reproduced in this State without the consent of the author of the music

works for a period of two years from the date on which that State will no longer be bound by this

by the Act.



(3) the records referred to in paragraphs 1 and 2 of this article and imported without

the consent of the parties concerned into a country where are considered to be recorded

There may be illegally seized.



Article 14



(1) authors of literary or artistic works shall enjoy the exclusive right of

permission:



(i) to the movie and the reproduction of such works and to expand

such processed or growing works;



(ii) the public performance and transmission by wire to the

the public of such processed or growing works.



(2) the processing of cinematographic works derived from the works of literary or

works in any other art form remains, without prejudice to the rights

their authors grant permission to do so, subject to the consent of the authors of the original

works.



(3) the provisions of article 13, paragraph 1. 1 cannot be used.



Article 14



(1) without prejudice to the copyright in any part, or

processed, or rozmnoženému, is protected as a work of film

the original. Copyright holder to a movie part uses the same rights

as the original author of the work, including the rights referred to in the preceding article.



(2)



and the legislation of the State Reserves) where protection is claimed,

to set the rightholder to a movie part.



(b)) in the States of the Union, which includes in its law-making between the bearer

the copyright on the movie part, authors who provided contributions to the

the creation of a film work, but can't these authors, if committed

to provide such contributions and, if not the opposite, or the Special

Agreement, to defend the reproduction, distribution, public performance, and

design of transmission to the public by wire, broadcasting or

tv, communication to the public, procurement or subtitles dubbování

texts of film work.



(c)) the question of whether for the application of the preceding subparagraph (b) above) shall be

the form of the written agreement referred to commitment or a written act of the same

effective or not, it modifies the legislation States of the Union, where the manufacturer has

film work its registered office or permanent residence. The legislation of the State

Union, where protection is claimed, but reserves the option

to establish that that commitment should take the form of a written contract or

a written act of the same effect. States whose legislation so

provides a written declaration, shall inform the Director-General, who

is immediately communicated to all other States of the Union.



(d)) "the opposite or special arrangement" means any restrictive

condition, where applicable, associated with the above commitment.



(3) unless otherwise provided by national laws or regulations provide otherwise, it does not apply

the provisions of paragraph 2b) to the authors of scenarios, dialogues and musical works

created for the production of film work, nor on its principal Director.

However, those States whose legislation does not contain provisions

anticipating the application of that paragraph 2b) to the Director,

It shall inform the Director General by written declaration that is immediately

shall notify all other States of the Union.



Article 14



(1) the author, or after his death-persons or institutions authorised by

national legislation have, in terms of original works of art

and original manuscripts of writers and composers, an inalienable right to

share of the proceeds of the sales of the works of the following after the first transfer

ownership made the author of the work.



(2) the protection under the preceding paragraph may be requested only in the State of the Union

If it admits the legal order of the State to which the author

It is for, and the extent to which it allows the rule of law of the State where the

This protection is claimed.



(3) the method of selection and the amount of the share determines the national laws or regulations.



Article 15



(1) To the author of a literary or artistic work protected by this Convention

was, is not to the contrary, such a considered and that it was therefore

entitled to prosecute violations of his rights in the countries of the Union, it shall be sufficient,

his name was mentioned on the work in the usual manner. This provision

shall apply even if this name is a pseudonym, if adopted by the author

a pseudonym does not inspire doubts about his identity.



(2) the natural or legal Person, whose name is listed in the usual

in a way, the film work shall be considered the producer of the said works,

It is not to the contrary.



(3) in the case of anonymous works and other works pseudonymních than are listed

mentioned in paragraph 1, it shall be deemed that the author represents the publisher whose

name appears on the work, is not to the contrary; in this function is

entitled to defend and exercise the author's rights. The provisions of this paragraph

cannot be used when the author said his identity and prove his

permissions.



(4)



and u) if not neuveřejněných works of the author's identity is known, however, of

all of the circumstances, it may be considered that the author is a citizen of the State of the Union,

the legislation of that State reserves the option to determine the appropriate

authority which shall represent the author and shall be entitled to defend and enforce its

rights in the States of the Union.



(b)) States that pursuant to this provision shall accede to such

determine, he shall inform the Director General by written declaration

containing comprehensive information on the following designated authority. The Director-General

This declaration shall communicate immediately to all other States of the Union.



Article 16



(1) any unauthorized reproduction of the works can be acquired in the State of

Of the Union where the work enjoys legal protection, seized.



(2) the provisions of the preceding paragraph shall also apply to the reproduction

originating in the Member State where the work is not protected or where protection ceases.



(3) the seizure shall take place under the law of the State concerned.



Article 17



The provisions of this Convention shall not affect the rights of the respective Government of each

State of the Union, in order to allow for legislation or administrative provisions,

controlled or prohibited the distribution, operation and exhibition

any of the work or the product in relation to which the competent State

authority to exercise this right.



Article 18



(1) this Convention shall apply to all works which, at the time of the acquisition

its validity still had not happened in their State of origin, the date of expiry

protection of free agency.



(2) If, however, the work in the Contracting State where the claim is made on the

protection, the free end of the term of protection which was previously granted,

protection of such works will not resume.



(3) this policy shall apply in accordance with the provisions contained in the

specific conventions to the objectives of the States of the Union have negotiated or

will agree. If there is no such provision, the relevant States, adjusted every

If it refers to, the terms of use of this principle.



(4) the preceding provisions shall also apply for new approaches to the Union,

as well as the extension of the protection under either article 7 or by surrendering

the reservations.



Article 19



The provisions of this Convention shall not preclude the application of the right to use a wider

protection that may be granted for legislation in the State of the Union.



Article 20



Governments of the States of the Union reserve the right to negotiate among themselves special agreements,

If such agreements grant to authors more extensive rights than they

accorded by the Convention, or contain other provisions that

are not contrary to this Convention. The provisions of the existing agreements, that are in the

accordance with these terms and conditions shall remain in force.



Article 21



(1) special provisions for developing countries contained in the annex.



(2) with the exception according to article 28, paragraph 1. 1 (b)) forms the Annex form an integral

part of this Act.



Article 22



(1)



and the Union shall have an Assembly consisting of) of the States of the Union which are bound by the

articles 22 to 26.



(b) the Government of each State shall be represented by) one delegate who can

accompanied by alternate delegates, advisors and experts.



(c) the expenses of each delegation shall be borne by) a Government that is her name.



(2)



a) Assembly



(i) shall examine all questions relating to the maintenance and development of the Union and

the application of this Convention;



(ii) gives to the International Bureau of intellectual property (hereinafter referred to as

"The International Bureau") referred to in the Convention establishing the world Organization

intellectual property rights (hereinafter referred to as "the Organization") ^ 1) guidelines for the preparation of

revision conferences, taking due account of the comments of the

States of the Union which are not bound by articles 22 to 26;



(iii) examine and approve the reports and activities of the Director General


Organization in relation to the Union and gives him all the necessary instructions in

matters which are within the competence of the Union;



(iv) elect the members of the Executive Committee of the Assembly;



(v) examine and approve the reports and activities of its Executive Committee and gives

the Committee's instructions;



(vi) specifies the program accepts two-year ^ 2) budget of the Union, and approve its

the final accounts;



(vii) a majority of the financial regulations of the Union;



(viii) shall set up committees of experts and working groups as it deems

necessary for the implementation of the objectives of the Union;



(ix) determine which States not members of the Union and which intergovernmental and

international non-governmental organizations may participate in its meetings as

observers;



(x) a majority of the amendments to articles 22 to 26;



(xi) other appropriate measures aimed at promoting the objectives of the Union;



(xii) shall carry out any other tasks which are in accordance with this Convention;



(xiii) shall, subject to their acceptance, rights that are

granted by the Convention on the establishment of the organization.



(b)) on issues that affect also other Union managed

Organisations, shall be decided by the Assembly, taking into account the opinion of the

The Coordination Committee of the organization.



(3)



and Assembly) each Member State has one vote.



(b)) half of Member States of the Assembly shall constitute a quorum.



c) Notwithstanding the provisions of subparagraph (b)), if the number of meetings

represented less than half of the States, however, is at least one third of the

the Member States of the Assembly, the Assembly may make decisions; with

the exception of those relating to its agenda, however,

decision of the Assembly efficiency only after meeting the following conditions.

The International Bureau shall communicate the said decisions to the Member States of the Assembly,

which were not represented and shall invite them to express in writing their vote

or abstenci within three months from the date of this communication. If, after

This period reaches the number of States that have expressed their

voice or abstenci, the number of States of missing to achieve the quorum in the

private meeting shall take such decisions for efficiency

provided that at the same time has reached the required majority.



(d)) with the exception according to article 26, paragraph 2. 2 the decision is required

A two-thirds majority vote of the Assembly.



e) Abstence does not count as a vote.



f) each delegate may represent only one State and vote only his

on behalf of the.



g) countries of the Union which are not members of the Assembly, may participate in its

meetings as observers.



(4)



and Assembly) meet in ordinary session, which shall be convened by the General

Director of once in every second calendar year ^ 2), and that, unless the

in exceptional circumstances, at the same time and at the same place as the General

Assembly of the organization.



(b)) the Assembly shall meet in extraordinary session, which shall be convened by the General

the Director shall, at the request of the Executive Committee or at the request of one quarter of the

the Member States of the Assembly.



(5) the Assembly shall adopt its rules of procedure.



Article 23



(1) the Assembly's Executive Committee.



(2)



and) the Executive Committee consists of States elected by the Assembly of its

of the Member States. Moreover, the State on whose territory the Organization has its headquarters,

is subject to the provisions of article 25, paragraph 2. 7 (b)) in the Committee instead of ex

officio.



(b)) the Government of each State member of the Executive Committee shall be represented by one

delegate who may be assisted by alternate delegates, advisors and experts.



(c) the expenses of each delegation shall be borne by) Government which has appointed it.



(3) the number of Member States of the Executive Committee is equivalent to one quarter of the

number of Member States of the Assembly. When determining the number of places that can be

cast shall not be considered to the residue that remains after the Division four.



(4) in electing the members of the Executive Committee shall take into account the Assembly due to the

extending the geographical distribution and to the need to make between States

forming the Executive Committee were represented by the Union, the Member States of the Special

in relation to the Union.



(5)



and members of the Executive Committee) are in the function of the end of the meeting

Assembly, at which they were elected, to the end of the next ordinary meeting of the

The Assembly.



(b)) members of the Executive Committee may be re-elected, but not more than two

thirds of them.



(c)) the Assembly modifies the way the election and possible re-election of the members of the

Of the Executive Committee.



(6)



and Executive Committee)



(i) prepares the draft agenda of the Assembly;



(ii) submit suggestions to the Assembly the draft programme and a two-year ^ 2)

the budget of the Union prepared by the Director General;



(iii) (deleted)



(iv) submit to the Assembly with the appropriate expression of periodic

the Director-General and of the revised annual financial report;



(v) shall be in accordance with the decisions of the Assembly, with a view to

the circumstances which occur between two ordinary sessions of the Assembly,

all measures necessary for the implementation of the programme of the Union by the Director General;



(vi) shall carry out any other tasks assigned to it under this Convention.



(b)) on issues that affect also other Union managed

Organisations, shall be decided by the Executive Committee, taking into account the opinion of the

The Coordination Committee of the organization.



(7)



and) the Executive Committee shall meet once a year in ordinary session, which shall be convened by

the Director-General if possible at the same time and at the same place as the

The Coordination Committee of the organization.



(b)) the Executive Committee shall meet in extraordinary session, which shall be convened by

the Director General, either on his own initiative or at the request of its

the Chairman or one-fourth of its members.



(8)



and) any State member of the Executive Committee shall have one vote.



(b)) half of the Member States of the Executive Committee shall constitute a quorum.



(c)) shall be Decision by simple majority.



(d)) Abstence are not counted as votes.



e) a delegate may represent one State and vote only on his behalf.



(9) countries of the Union which are not members of the Executive Committee, may participate in the

its meetings as observers.



(10) the Executive Committee shall adopt its rules of procedure.



Article 24



(1)



and administrative tasks of the Union) ensures that the International Bureau as the successor to

the Office of the Union United with the Bureau of the Union, which was established by the international

Convention on the protection of industrial property.



(b) the International Bureau shall carry out in particular) the secretariat functions of the various institutions

Union.

(c) the Director-General) is the highest officer of the Union and Union

He represents.



(2) the International Bureau collects and publishes information on the protection of

copyright law. Each State of the Union without delay announce International

the Office text of each of the New Testament and all official texts related to

protection of copyright.



(3) the International Bureau publishes the monthly magazine.



(4) the International Office of each State of the Union, on request

information on issues relating to the protection of copyright.



(5) the International Bureau shall draw up studies and provides services designed to

facilitate the protection of copyright.



(6) the Director and every authorized worker participates in without

the right to vote in all meetings of the Assembly, the Executive Committee and

any meeting of the Committee of experts or working groups. General

the Director or authorized person is ex officio the Secretary of

These authorities.



(7)



and the International Bureau) prepares according to the instructions of the Assembly and in cooperation

with the Executive Committee of the Conference on the revision of the provisions of the Convention other than

are contained in articles 22 to 26.



(b)), the International Bureau may consult with the preparation of the Review Conference

intergovernmental and international non-governmental organizations.



(c)) the Director-General and its designee shall participate without voting

rights negotiations on these conferences.



(8) the International Bureau shall carry out any other tasks entrusted to it.



Article 25



(1)



and the Union has a budget).



(b)) the Union's budget contains its own revenue and expenditure of the Union, its contribution

to the budget of expenses common to the unions, and, where appropriate, the amount of available

the budget of the Conference of the organization.



(c)) For expenditure shall be considered as expenses common to the unions, which are not related to

exclusively to the Union but also to one or more other unions administered

Organizations. The share of the Union in such common expenses is proportional to interest,

that Union has in them.



(2) the budget of the Union shall be established with due regard to the requirements of coordination with the

the budgets of the other unions administered by the organization.



(3) the budget of the Union shall be financed from the following sources:



(i) contributions of the countries of the Union;



(ii) fees and remuneration for the services performed by the International Bureau in

relation to the Union;



(iii) the proceeds from the sale of publications of the International Bureau concerning the

The Union and the related rights;



(iv) gifts, links and subsidies;



(v) rents, interests and other miscellaneous income.



(4)



and) for determination of contributions to the budget of the Union, each Member State is to be classified in

of a particular class and pay their annual contributions on the basis of the number of units

laid down as follows:

Třída I .............................. 25

Třída II .............................. 20

Třída III .............................. 15

Třída IV .............................. 10

Třída V .............................. 5

Třída VI .............................. 3

Třída VII .............................. 1




(b) unless it has already done so) before, each State shall notify at the same time with the imposition of

its instrument of ratification or instrument of accession, the class to which it wishes to

be a part of. A class can change. If they opt for the lower class, the State must

notify the Assembly at one of its ordinary sessions. Each such

the change shall take effect from the beginning of the calendar year following the

that meeting.



(c) the annual contribution of each State) shall be an amount in the same proportion to the

total annual contributions of all States to the budget of the Union, in

What is the number of units of the class in which it is included, the total number of

the units of all contributing countries.



d) contributions shall be payable 1. January of each year.



e) a State which is in arrears in the payment of its contributions, it cannot

to exercise its right to vote in any of the institutions of the Union, which is a member of,

If the amount of its arrears corresponds to the amount of its contribution for the entire

during the previous two years or above. The institution of the Union may, however,

allow such a State to continue the exercise of voting rights in this

authority for the period for which it considers that the delay occurs for

exceptional and unavoidable circumstances.



(f) if the budget) is not approved before the beginning of a new financial period, the

remains in accordance with the provisions of the financial regulations to the same amount as

the budget of the previous year.



(5) the amount of fees and charges for services rendered by the International Bureau in

relation to the Union shall be made by the Director, which shall report to the

The Assembly and the Executive Committee.



(6)



and the Union has operational fund) funds generated by a single payment

each State of the Union. If the Fund becomes insufficient, it shall decide

The Assembly of its increase.



(b) the amount of the initial payment) each State into the Fund or its

participation in the increase of the Fund is in proportion to the contribution of that State for the year

in which the Fund is established or the increase decided.



(c)) the extent and method of payment determines the Assembly on a proposal from the

Director and after consultation of the Coordination Committee of the organization.



(7)



and a headquarters negotiated) contract with the State on whose territory the Organization has its

registered office, shall provide that at any time will be the enterprise resource pool

insufficient, that Member State shall grant advances. The amount of these advances and the conditions

under which they provide, will be between the State and Organizations in each

case by case basis governed by specific agreements. If it takes commitment

advance the State in the place of the Executive Committee ex officio.



(b)) the State referred to in subparagraph a) and organizations have the right to terminate

commitment to providing advance written notice. Termination shall take effect

three years after the year in which it was notified.



(8) the review of accounts by financial regulations provides one or more of the States

Union or the external examiners, appointed with the consent of

The Assembly.



Article 26



(1) proposals for the amendment of articles 22, 23, 24, 25, and this article may bring

any Member State of the Assembly, the Executive Committee or the General

Director. Such proposals shall notify the Director-General to Member States

The Assembly at least six months prior to their discussion in the Assembly.



(2) any change in the articles referred to in paragraph 1 shall approve Assembly.

For approval is required three-fourths majority of the votes cast; to

any change to article 22 and of this paragraph, however, requires

majority of four fifths of the votes cast.



(3) any amendment to the articles referred to in paragraph 1 shall enter into force one month

After that, when the Director-General will receive three-fourths of the States that were in

the time of the approval of the members of the Assembly changes, written communication of its adoption

in accordance with their respective constitutional requirements. Each received

changing those articles is binding on all States that are in a time when

amendment enters into force, the members of the Assembly or that become its

members later; any change that increases the financial obligations of the States of the Union,

committed to only those States which have notified their acceptance of such amendment.



Article 27



(1) this Convention shall be subject to revision with a view to introducing improvements

aimed at improving the system of the Union.



(2) for this purpose, shall be held successively in one of the States of the Union

the Conference delegates of those States.



(3) except as provided in article 26 relating to the changes to articles 22 to

26, requires any revision of this Act, including the annexes of unanimity

votes.



Article 28



(1)



and Every State of the Union), which has signed this Act may ratify it, and

has not signed it, may accede to it. Instruments of ratification or

the instrument of accession shall be deposited with the Director-General.



(b)) each State of the Union may, in its instrument of ratification or instrument of the Charter

access to declare that its ratification shall not apply to access or

articles 1 to 21 and to the annex; However, if this did happen already Declaration

in accordance with article VI, paragraph 2. 1 of the annex, may then in that the Charter only

declare that its ratification or approach does not apply to articles 1 to

20.



(c) Each State of the Union), which referred to in subparagraph (b)) excluding from their effectiveness

ratification or accession, the provisions referred to in that subparagraph,

may at any time thereafter, declare that it extends the efficacy of ratification or

access to these provisions. Such a declaration shall be deposited with

the Director-General.



(2)



a) articles 1 to 21 and the Appendix shall enter into force three months after completion of the

These two conditions:



(i) at least five countries of the Union have ratified this Act, or

acceded without has made the Declaration referred to in paragraph 1 (b)),



(ii) France, Spain, United Kingdom of Great Britain and Northern

Ireland and the United States have become members of the General Convention on the law

the author, as revised at Paris on 24. July 1971.



(b)) the entry into force referred to in subparagraph (a)) applies to those States

The Union at least three months before the entry into force, have deposited

instrument of ratification or instrument of accession, without the Declaration referred to in

paragraph 1 (b)).



(c)) for each State of the Union not covered by subparagraph (b)) and that

ratifies this Act or proceeding without the Declaration referred to in

paragraph 1 (b)), articles 1 to 21 and the Appendix enters into force three months

the date on which the Director General has notified the deposit of the ratification

instrument or instrument of accession, if it has not been recorded in the saved

a date later. In this case, the entry of articles 1 to 21 and the Appendix for

This State is in force on the day following the said.



(d) the provisions of subparagraphs)) to c) does not affect the application of article VI of the

Of the annex.



(3) for each State of the Union, that this Act of ratifying or acceding to it

proceeding with the Declaration referred to in paragraph 1 (b)) or without entering

articles 22 to 38 in force three months after the date on which the Director-General

announced the imposition of the relevant instrument of ratification or instrument of accession,

If it is not in the stored list the date later. In this case,

articles 22 to 38 shall enter for this State is in force on the day following the said.



Article 29



(1) any State which is not a member of the Union may accede to this Act and

become party to this Convention and a member of the Union. The instrument of

access shall be deposited with the Director-General.



(2)



and) with the exception under subparagraph (b)) this Convention shall enter into force for

any State which is not a member of the Union three months after the date on which the General

the Director said the deposit of its instrument of accession, if it is not in the stored

the Charter stated the date later. It was recorded in the saved

a later date, this Convention shall enter into force for this State on the date of

as follows.



(b)) if the entry into force referred to in subparagraph a) precedes the entry into

entry into force of articles 1 to 21 and of the annex referred to in article 28, paragraph 1. 2 a)

in the meantime, the State is bound by articles 1 to 20 of the Brussels Act of this

the Convention, which shall be replaced by articles 1 to 21 and the attachment.



Article 29



Ratification of this Act or the access to this Act by any State,

that is not bound by articles 22 to 38 of the Stockholm Act of this Convention,

includes, but only for the purposes of article 14, paragraph 1. 2 of the Convention establishing the

Ratification of the Stockholm Act of the Organization, or to access to this Act with the

restriction under article 28 para. 1 b), point (i).



Article 30



(1) subject to the exceptions which allow the provisions of paragraph 2,

the provisions of article 28, paragraph 1. 1 (b)), article 33 para. 2, as well as the Annex,

means of ratification or access automatic acceptance of all the provisions and

return all the benefits provided for by the Convention.



(2)



and Every State of the Union) may the ratification of this Act or when you access

keep to it, with the exception of article in the paragraph. 3 of the annex, the benefit

reservations, which previously made with the proviso that for this purpose, shall make a declaration

When depositing its instrument of ratification or instrument of accession.



(b)) any State which is not a member of the Union may declare when you access

This Convention, with the exception of article in the paragraph. 2 of the annex, the,

at least temporarily, to replace article 8 of the Act on the right of translation

the provisions of article 5 of the Union Convention of 1886, as supplemented by the r. in Paris in the year

1896, it being understood that the said provisions shall only apply to


translations into the language generally used in that State. Except in accordance with

Article I (2) 6 (b)) of the annex, any State of the Union to apply, if

as to the right of translation of works whose state of origin is a State, which

It's such a reservation, a protection in the same range, which provides

This state.



(c)), each State may at any time withdraw such reservation by communication notified

the Director-General.



Article 31



(1) any State may declare in its instrument of ratification to the Charter or the Charter of

on access, or at any later time, notify the Director General by written

notice, that this Convention shall extend to all or part of the territory

designated in the Declaration or notification, for whose international relations

corresponds to.



(2) any State which has made such a declaration, or such communication,

may at any time notify the Director General that this Convention shall cease to

apply to all such territory or a part of them.



(3)



and) any declaration referred to in paragraph 1 shall take effect from the same date as the

ratification or access, in which was contained, and each communication sent

under that paragraph shall take effect three months after its notification to the

by the Director General.



(b)) every notice referred to in paragraph 2 shall come into force twelve months after the

of its receipt by the Director General.



(4) this article can in no way be interpreted as including the

the recognition of a de facto State in the territory where the provisions of this Convention apply to the

the basis of the Declaration made under paragraph 1 by another State, or as a

its adoption by any State of the Union in silence.



Article 32



(1) this Act replaces, in relations between States of the Union and in the extent of their

the validity of the Berne Convention of 8 June. September 1886 and its further revised

the text of the. Acts that were previously in force, continue to apply in their

integrity or the extent to which that act under the preceding sentence

It does not replace, in relations with the States of the Union which will ratify this Act

or do not agree to it.



(2) States that are not members of the Union and become parties to the

This Act, it shall be applied, with the exception of paragraph 3, in relation to the

each State of the Union not bound by this Act or which, although there is a

bound by this Act, has made the Declaration referred to in article 28, paragraph 1. 1 (b)).

Listed States recognise that such a State of the Union, in its relations to them



(i) may apply the provisions of the most recent act by which it is bound, and



(ii) has the right, with the exception provided for in article I (2) 6 of the annex, edit

the protection to the level provided for by the Act.



(3) any State which has made use of some of the options referred to in the annex, may be

apply the provisions of the annex relating to one or more options

which, in their relations to any other State of the Union,

that is not bound by this Act, if the State has accepted the application of the

such provisions.



Article 33



(1) any dispute between two or more countries of the Union concerning the interpretation or

the application of this Convention which is not resolved by negotiation, any

of the participating States to submit to the International Court of Justice in the form of

an application made in accordance with the Statute of the Court, if the

the participating States agree to another method of solution. State which

submit a dispute to the Court, he shall notify the International Bureau about it;

The International Bureau shall inform the other States of the Union.



(2) any State may, when signing this instrument, or when you save your

instrument of ratification or instrument of accession, declare that it does not consider the

bound by the provisions of paragraph 1. Any dispute between that State and the

any other State of the Union, then the provisions of paragraph 1 shall not apply.



(3) any State which has made a declaration in accordance with the provisions of paragraph 2,

may at any time revoke the Declaration notice notified to the

the Director.



Article 34



(1) except as provided for in article 29 bis, no State after the entry into

entry into force of articles 1 to 21 and of the annex to accede to earlier acts of this

Convention is ratified.



(2) after the entry of articles 1 to 21 and Annex in force, no State

make a declaration pursuant to article 5 of the Protocol on developing countries, which

is attached to the Stockholm Act.



Article 35



(1) this Convention shall remain in force indefinitely.



(2) any State may denounce this Act of communication notified to the

the Director. Such testimony is the testimony of all earlier acts and is

effective only for the State, which handed it, and for the other States of the Union

the Convention remains in full force and effect.



(3) the notice of termination shall take effect one year after the day on which the Director-General of her

He received the communication.



(4) the right of withdrawal pursuant to this article, no State to execute before

the expiry of five years from the day when it became a member of the Union.



Article 36



(1) any State which is a Contracting Party to this Convention undertakes to

do so in accordance with its Constitution, the measures necessary to ensure

the application of this Convention.



(2) it is understood that State at the time when it becomes a party to this

the Convention, in accordance with national law, to carry out the provisions of this

of the Convention.



Article 37



(1)



and This Act shall be signed by) in a single copy in the English and

the French language is, and with the exception referred to in paragraph 2,

the Director-General.



(b) the Director-General shall draw up) in agreement with the relevant Governments, the official

texts in the Arabic, German, Italian, Portuguese and Spanish language

and in such other languages as the Assembly shall designate.



c) in the case of differences of opinion on the interpretation of the different texts shall be decided by the text

French.



(2) this Act shall remain open for signature until 31 December 2006. January 1972. Into this

the day is a copy referred to in paragraph 1a) deposited with the Government of the French

of the Republic.



(3) the Director shall deliver two certified copies of the signed text

of this Act to the Governments of all the States of the Union and, on request, to the Government of any other

State.



(4) the Director-General will give this Act to register with the Secretariat

Of the United Nations.



(5) the Director General shall notify the Governments of all States of the Union sign, save

instrument of ratification or instrument of accession and declarations contained in the

such instruments or made pursuant to article 28, paragraph 1. 1 (c)), article 30

paragraph. 2 a) and b), and article 33 para. 2, input any provision of this

the Act into force, notice of termination and the communication referred to in article 30, paragraph 1. 2

(c)), article 31, paragraph 2. 1 and 2, article 33 para. 3 and article 38 para. 1, as well as

and in the annex.



Article 38



(1) the States of the Union which have not ratified this Act, or

have acceded and which are not bound by articles 22 to 26 of the Stockholm

the Act, they may carry out, if you so desire, the rights recognized under these

the articles, as they were bound, to 26. April 1975. Any State which

wishes to exercise those rights, it shall for this purpose, the

the Director a written notice, which shall take effect on the date of its adoption.

Such States are considered to be members of the Assembly until that date.



(2) until all the States of the Union do not become members of the organisation, the

The International Bureau also to the Office's tasks Union Organization and the Director-General

tasks of the Director of that Office.



(3) Once all the States of the Union will become members of the Organization will pass

rights, obligations and assets of the authority of the Union on the International Bureau of the organization.



XIII.



Article. (I)



(1) any State, in accordance with the practice established by the General Assembly

The United Nations for the developing country which ratifies this Act, whose

an integral part of this annex, or accedes and which

due to its economic situation and to their social or cultural

the needs will not be considered as able to take measures to ensure the

protection of all the rights under this Act, may declare the communication stored

with the Director when depositing its instrument of ratification,

the instrument of accession, or, except in accordance with article in paragraph 1(b). 1 c) at any time

later, that exercises the option under article II or the possibility provided for in article

(III), or both of these options. Instead of applying the option referred to in article II of the

may make a declaration under article in the paragraph. 1 a).



(2)



and) any declaration referred to in paragraph 1, prior to the expiry of the period notified

ten years after the entry of articles 1 to 21 and of this annex in accordance with article 28 of the

paragraph. 2 come into force, will remain in effect until the expiry of this period.

Whole or in part may be renewed for an additional ten-year period

the communication stored with the Director first for 15 months and

no later than three months before the expiry of the current 10-year period.



b) any declaration under paragraph 1, after the expiry of the period notified

ten years after the entry of articles 1 to 21 and of this annex in accordance with article 28 of the

paragraph. 2 come into force, will remain in effect until the expiry of the current

the 10-year period. It may be renewed in the manner prescribed in the second sentence

subparagraph (a)).



(3) no country of the Union which has ceased to be regarded as a developing country

referred to in paragraph 1, is no longer entitled to renew its declaration referred to in

paragraph 2, and regardless of whether officially revokes his declaration or

No, such a State shall cease to be entitled to make use of the option referred to in paragraph 1

either the expiry of the 10-year period, which is currently in progress, or three years

After that, when it ceased to be regarded as a developing country, taking

It's the period that elapses later.




(4) If at the time when the Declaration made under paragraph 1 or 2

the expiry of the on-hand inventory the specimens that were taken on the basis of

licence granted pursuant to the provisions of this annex, may continue to be such

specimens to expand until their disassembly.



(5) any State which is bound by the provisions of this Act and who saved the

Declaration or notification in accordance with article 31(2). 1 with regard to the

the application of this Act in a particular territory, whose position can be considered

for the equivalent to the States referred to in paragraph 1, it may do so if

as to the territory, such a declaration under paragraph 1 and a notice of renewal

in accordance with paragraph 2. As long as such declaration or notification remains in

validity, shall apply to the territory in relation to which it was made,

the provisions of this annex.



(6)



and) the fact that the State makes use of any of the options referred to in paragraph 1,

does not allow another State to provide works, of which the State of origin is

This State protection that is lower than what is required to provide pursuant to articles

from 1 to 20.



(b)) the possibility of applying the principle of reciprocity in accordance with article 30, paragraph 1. 2B) sentence

the second cannot be used in relation to the works, of which the State of origin is

a State which has made a declaration pursuant to article in the paragraph. 1A), until the day

of expiry of the relevant period referred to in article I (2) 3.



Article. (II)



(1) any State which stated that exercises the option provided for in this

the article is entitled in relation to the works, which was published by printing

or a similar form of reproduction, to replace the exclusive right of translation

referred to in article 8 a system of non-exclusive and non-transferable licenses

issued by the competent national authority under the conditions listed below and in the

accordance with article IV.



(2)



and if it was not made public) translation of works into the language generally used in the

that State the holder of rights of translation or with his consent, the

any citizen of that State may receive, except in accordance with paragraph 3,

After the expiry of a period of three years, or of any longer period defined by the

the national law of that State, calculated from the date of the first

the publication of this work, license acquisition works in translation

of that language and the publication of this translation or printing

any similar form of reproduction.



b) license can also grant pursuant to this article if they are all

the issue of the translation published in that language.



(3)



and in the case of translations) into a language which is not generally used in one or

a few developed nations that are members of the Union, replaced by period

the three years referred to in paragraph 2a) a period of one year.



(b)), each State referred to in paragraph 1 may, by unanimous agreement, with

the developed countries that are members of the Union and which generally used the same

language, replace with translations into that language, a period of three years referred to in

paragraph 2a) short period as laid down by such an agreement, and this

the period shall not be shorter than one year. The provisions of the preceding sentence cannot be

However, to apply, if such a language of English, French or

Spanish. Governments that have negotiated such an agreement, it shall advise them

the Director-General.



(4)



and) license under this article cannot be granted until in the case

It can be obtained after the expiry of the three-year period, an additional period of six

months, and in the case that it is possible to receive it after the expiry of the one-year

period, the additional period of nine months



(i) the date on which the applicant has met the requirements referred to in article IV, paragraph 1. 1,

or



(ii) if the identity or address of the bearer the right to translation, from the

the date on which the applicant submits in accordance with article IV, paragraph 1. 2 copies of my application

submitted to the governmental authority that is competent to grant the license.



(b)) If during the said period of six or nine months to

the publication of a translation into a language which refers to the submitted application,

right of translation, or with his consent, under this license cannot be

Article grant.



(5) the licence referred to in this article may be granted only for the purpose of teaching

or research.



(6) If a translation of the published works of the holder of rights to the translation or with

his consent at a price comparable with the one that is in this State for the

similar works normal, any license granted under this article

ceases to exist, in the case of a translation into the same language and basically with the same content

as a translation is published under the license. All specimens

made prior to termination of the license, but you can continue to expand until their

Disassembly.



(7) For works which contain mostly illustrations, you can grant a license to

acquisition and publication of a translation of the text and on the reproduction and publication of the

illustrations only if they met the conditions of article III.



(8) Licensed under this article cannot be granted if the author withdrew

all specimens of their work from circulation.



(9)



and acquisition) license of translation work, which was published by printing or

other similar form of reproduction may also be granted to radio or

television organization based in the State referred to in paragraph 1 to the

application by the organization filed with the competent authority

of that State, provided that all the following conditions are true:



(i) the translation is taken from specimens made and acquired in accordance with the

the legal order of that State;



(ii) the translation may be used only in broadcasts intended for teaching

or to the dissemination of information, scientific or technical nature for professionals

of a particular sector;



(iii) the translation may be used solely for the purposes referred to in point (ii)

broadcasts made lawfully and intended beneficiaries in the territory of

of that State, including broadcasts made through

audio or video records, which were taken legally and

exclusively for such broadcasting;



(iv) the use of the translation may not serve the purpose of profit making.



(b)) the audio or video recordings of a translation which was taken

radio or television organizations on the basis of a licence granted pursuant to

This paragraph may be used with the permission of such organisations for the purposes of and

under the conditions referred to in subparagraph (a)), or any other

the radio or television organization based in the State of

the competent national authority has granted the license listed.



(c)) If you meet all the criteria and conditions referred to in subparagraph (a)) can be

whether or not to grant the radio or television organization license to translate

any text that is a part of the audiovisual record if

such record itself was taken and published for the sole purpose of teaching.



(d)) and performance awards, each licence, which shall be granted under this

paragraph shall apply, with the exception of the provisions of subparagraphs) (c)),

the provisions of any of the foregoing paragraphs.



Article. (III)



(1) any State which stated that exercises the option provided for in this

Article, shall be entitled to replace the exclusive right of reproduction provided for in article

the system of non-exclusive and non-transferable 9 licenses granted

competent public authority subject to the following conditions and in accordance with the

Article IV.



(2)



and if the work) to which this article applies pursuant to paragraph 7, after the

expiry (



I) period as defined in paragraph 3 and calculated from the date of the first

the publication of a particular edition of the work, or



(ii) any longer period determined internal legislation

the State, which is mentioned in paragraph 1, and the calculated from the same date



have not been the bearer of the right of reproduction or with his consent in this

the State sold the specimens of this issue at a price comparable with the

that, what is in this State for similar works of the usual, to satisfy the

the needs of the general public or the needs of teaching, any citizen

This State may receive a license for the reproduction and publication of this edition of the

at such price or a lesser price to meet the needs of the classroom.



(b)) and the publication of a reproduction of the license issue, which was put into circulation

According to subparagraph (a)), may also be granted under the conditions laid down in this

article in the event that, after the expiry of the relevant period for

six months of legally acquired specimens of such issue in the

State in the sale at a price comparable with what is in this State for

similar to the usual, works to meet the needs of the general public or the needs

teaching.



(3) the period referred to in paragraph 2a) point (i) shall be five years. However,



(i) for works in the field of exact and natural sciences and techniques shall be three

for years,



(ii) for works that belong to the field of fantasy, such as novels, works of

poetry, drama and music, and for art books is seven years.



(4)



and license), you may receive after the expiry of the period of three years, be represented by the

This article, grant, if the elapsed period of six months



(i) the date on which the applicant satisfies the conditions referred to in article IV, paragraph 1. 1,

or



(ii) if the identity or address of the bearer the right to

reproduction, the date on which the applicant submits in accordance with article IV, paragraph 1. 2 copies of the

your application submitted to the national authority that is competent to grant

the license.



(b)) in other cases, if they are covered by the provisions of article IV of the

paragraph. 2, you cannot grant the licence until the time limit of three months from the

send copies of the application.



c) If, during a period of six or three months referred to in


subparagraphs a) and b) to the sale referred to in paragraph 2a), cannot be

the license granted under this article.



d) licence cannot be granted if the author has withdrawn from circulation all specimens

the issue, for the reproduction and publication of the licence has been applied for.



(5) a license for reproduction and publication of a translation of the work under this

article cannot be granted in the following cases:



(i) If a translation of that goes, made public the holder of rights to the translation

or with his consent, or



(ii) unless a translation into a language which is commonly used in the State where

a licence is requested.



(6) If a particular edition of the work, specimens given by the holder of rights to the

reproduction or with his consent to the sale in the Member State referred to in

paragraph 1, for the price of a comparable with what is in this State for

similar to the usual, works to meet the needs of the general public or the needs

teaching, each license granted pursuant to this article shall lapse if the

the issue in the same language and basically with the same content as the edition which

It was published under that license. All specimens produced

prior to termination of the license, but you can continue to expand until their disassembly.



(7)



and), to which the Parts covered by this article, means, with the exception of

referred to in subparagraph (b)), just published by the printing works or other similar

in the form of reproduction.



(b)) this article shall also apply to audiovisual reproduction

legitimately acquired audiovisual records, or contain

protected works, as well as the translation of the text that accompanies them, in the language

generally used in the State, where a licence is requested, but always under the

provided that such audiovisual records were taken and published

exclusively for use for the purposes of teaching.



Article IV



(1) a license under article II or article III may be granted only if the

the applicant demonstrates, in accordance with the legislation of the competent State, in accordance with

circumstances of the case, either they asked permission of the rightholder to acquire and

issue the translation or to reproduce and publish the Edition, and not being able to receive

his permission, or that he even after appropriate efforts failed to

track down. At the same time with the submission of this application, the applicant must bear the rights of

How to report to each national or international information

the Centre referred to in paragraph 2.



(2) if the applicant could not the rightholder, it shall send the

by registered air mail copies of his application submitted to the

the authority competent to grant the license, the publisher whose name is

indicated on the work, and any national or international information

the Centre referred to in the notice that is stored for this purpose with the

the Director of the Government of the State of which it may be considered that it has a Publisher

the Centre of gravity of its activities.



(3) the name of the author shall be indicated on all copies of the translation or

copies of published on the basis of a license granted under article II

or article III. The name of the works must be mentioned on all such

copies. The translation must in all cases be given on all of its

copies of the original title of the work.



(4)



a) license granted under article II or article III shall not apply to

exports of specimens and are valid on the territory of the State, where it has requested, just for

the publication, according to the circumstances of the case, either the translation or copies thereof.



b) exports includes for the purposes of subparagraph (a)) of sending specimens from the

any of the territory of the State in relation to this territory has made

the Declaration referred to in article I (2) 5.



(c)) if the public or other public authority of the State, which has granted pursuant to

Article II of the license for translation into a language other than English,

French or Spanish, will send specimen translation published

on the basis of such license to another country, does not consider such

the shipment for the purpose of subparagraph (a)) for the export, if all are true

the following conditions:



(i) the recipients are individuals State whose competent national authority

granted the license, or organizations that such individuals bring together;



(ii) the specimens are intended to be used only for the purposes of teaching or

Research;



(iii) the sending of the copies and their distribution to the recipients does not have

the nature of the self-employed; and



(iv) the State in which the specimens sent to the agreed with the State, whose

the competent national authority has granted the license, agreement, which allowed the reception of

or distribution, or both of these activities, and the Government of the State in which the

licence is granted, announced the agreement to the Director.



(5) all specimens published under the licence granted pursuant to

Article II or article III shall include a note in the appropriate language

expressing that the specimens can grow only in the State or territory,

to which the licence relates.



(6)



a) at the national level, appropriate measures must be taken,



(i) that the license reserved for the rightholder, depending on the circumstances of the case,

either the translation or of reproduction, appropriate remuneration that corresponds to the

the level of remuneration usually provided in the two States concerned on the basis of

licenses freely negotiated between the parties and



(ii) to ensure payment and transfer the rewards; If there are

the national foreign exchange regulations, the competent national authority shall make all

efforts by using international facilities to ensure the transfer of earnings

internationally convertible currency or its equivalent.



(b)) the national law, appropriate measures will be taken to

ensure, according to the circumstances of the case, either a linguistically correct translation of the work

or the exact reproduction of the edition of.



Article. In



(1)



and any State) is entitled to make a declaration that applies

the option provided for in article II may, instead, at the time of ratification of this Act

or the access to it,



(i) if the State, which is covered by article 30, paragraph 1. 2A) make

a declaration under that provision, concerning the right of translation;



(ii) if the State to which article 30, paragraph 1. 2A) does not apply, do

Declaration referred to in article 30, paragraph 1. 2B) first sentence, even if it is not

a State which is not a member of the Union.



(b)) in a State which has ceased to be regarded as a developing country in accordance with article

I (2) 1, remains a declaration made under this paragraph is in effect

until the day when the time limit provided for in article I (2) 3.



c) no State having made a declaration under this paragraph, cannot

already applied retrospectively the possibility under article II, even if referred to

the Declaration took back.



(2) no State which has exercised the option provided for in article II, it cannot

Additionally, except as provided in paragraph 3, to make the Declaration referred to in

of paragraph 1.



(3) a State which has ceased to be in accordance with article I (2) 1 considered

a developing country may do so no later than two years before the expiry of the period

in accordance with article I (2) 3 a declaration under article 30, paragraph 1. 2B) of the first sentence,

and regardless of the fact that it is not a State which is not a member of the Union.

Such declaration shall take effect on the date when the period referred to in article

I (2) 3.



Čl.VI



(1) any State may declare the Union from the date of this Act, and in the meantime,

than be bound by articles 1 to 21 and this annex,



(i) in the case of a State that would have been entitled, had he been bound by articles 1 to

21 and this annex, taking advantage of the options provided for in article I (2) 1, that will be

the provisions of article II or of article III or of both to apply to works,

the State of origin is a State, which according to the following point (ii)

accepts the application of these articles to such works, or which is bound

articles 1 to 21 and this annex; such a declaration may refer to

an article in the place of article II;



(ii) that it admits the application of this annex to the works for which the State

of origin, States which have made the Declaration referred to in the previous point (i) or

a notification under article I.



(2) any declaration referred to in paragraph 1 must be made in writing and stores

the Director-General. Declaration shall take effect on the date of its

saving.



In witness whereof, the duly authorised to do so, this Act was signed.



Done at Paris on 24. July 1971.



1) Cf. Decree No. 69/1975 Coll., on the Convention establishing the world

intellectual property organization, signed at Stockholm on 14 July.

July 1967



2) by a decision of the Assembly on its 10. ordinary meeting on September 28, 1979

has been replaced by the word "three" by "two years", with the first

a two-year plan and the budget will cover the years 1980 and 1981. Do not enter if

However, this change in force pursuant to article 26 not later than the ordinary

session of the Assembly in 1985, this question at this meeting

subject to the new discussion.



3) by decision of the Assembly on its 10. ordinary meeting on September 28, 1979

the provisions of point (iii) released with the condition referred to in

Note # 2.