(1) The rights mentioned in Article 1 shall include the exclusive right of the author to translate and authorize others to translate the works protected by this Convention, as well as the right to publish and authorize others to publish the translated versions of the said works.
(2) However, any Contracting State may, in accordance with its domestic law, restrict the right of translation of written works, subject to the following provisions:
A. if a written work has expired seven years from its first publication and the translation right owner or under his authorization has not published a translation in the common language of that Contracting State, any national of that Contracting State may obtain a non exclusive license from the competent authority to translate and publish the translation in the common language of that contracting state.
B. the national shall, in accordance with the current regulations of the country concerned, prove that he has requested the owner of the translation right to translate and publish the translation according to different circumstances, but has not been authorized, or has failed to find the owner of the right after considerable efforts. A licence may also be granted under the same conditions if all previous versions translated in the common language of the contracting state have been sold out.
C. if the applicant is unable to find the owner of the translation right, he / she shall send a copy of the application to the publisher whose name is listed on the work. If the nationality of the owner of the translation right has been ascertained, he / she shall send a copy of the application to the diplomatic or consular representative of the country to which the owner belongs, or to the organization designated by the government of that country. The permit shall not be issued before the expiration of two months after the copy of the application is sent.
D. domestic laws should make corresponding provisions to ensure that the owner of the translation right can get fair compensation in line with international standards, guarantee the payment and transmission of such compensation, and ensure the accurate translation of the work.
E. the name of the original work and the name of the author shall be printed on all copies of the published translation. The license only applies to the publication of a translation in the territory of the contracting state applying for the license. Copies of such publications may be imported into and sold in the territory of another Contracting State, provided that the common language of that state and the translation of the work are in the same language and that such permission is provided for by the law of that state, and the import and sale are not prohibited. In the absence of the above conditions, the import and sale of the said translation in a Contracting State shall be governed by the laws and agreements of that state. The license shall not be transferred by the Licensee.
No license shall be issued when the author has stopped distributing all copies of the work.
Article 5 bis
(1) In accordance with the practice of the general assembly of the United Nations, any State Party which is regarded as a developing country may, at the time of ratification, acceptance or accession to this Convention, or at any later date in a notification to the director general of the United Nations Educational, scientific and Cultural Organization (hereinafter referred to as the director general), declare that it will invoke any or all of the exceptions in Article 5 ter or 4.
(2) Any such notice shall be valid for a period of ten years from the date of entry into force of the Convention, or for the remainder of the ten-year period at the time of its submission, and may be extended in whole or in part every ten years if it is submitted to the director general at least three months before the expiration of the current period. Under this section, the first notice may also be given during the extended ten-year period.
(3) Notwithstanding the provisions of paragraph (2) of this article, any contracting state that is no longer considered a developing country within the meaning of paragraph (1) shall not It is also entitled to extend its notice as provided for in paragraph (1) or (2), regardless of whether it formally withdraws its notice, and it loses the possibility of invoking the exceptions to Article 5 ter and quater at the end of the current 10-year period or three years after it ceases to be regarded as a developing country.
(4) Copies of a work made in accordance with the exceptions of Article 5 ter and Article 5 quater may continue to be distributed until they are sold out after the expiration of the validity period of the notice deposited in accordance with this article.
(5) A contracting state that submits a notification in accordance with Article 13 in respect of a particular state or territory to which the Convention may apply in circumstances similar to those referred to in paragraph (1), or submits or extends a notification in respect of that state or territory in accordance with this article. During the period of validity of such notification, the provisions of Articles 5 ter and 4 of this Convention shall apply to the country or territory to which it refers. The shipment of copies of a work from the above-mentioned countries or territories to the Contracting States shall be regarded as an export under Article 5 ter and 4.
Article 5 ter
(1) A. any Contracting State applying Article 5 bis (1) may replace the seven-year period prescribed in Article 5 bis (2) by a period of three years or more prescribed by the law of that state; however, if the language translated into a work is not in common use in one or more developed countries and those countries are parties to this Convention or only to the 1952 convention, the above-mentioned period shall not apply It should be one year, not three.
B. under the agreement of the developed countries which use the same language or only participate in the 1952 convention, if they want to translate into such language, all the countries mentioned in Article 5 bis (1) may have a period of three years, but not less than one year. Nevertheless, this provision does not apply if the language involved is English, French or Spanish. All agreements in this regard shall be communicated to the director general.
(c) the issue of a license shall be subject to the applicant's proof, in accordance with the current provisions of the relevant countries, that he has made a request for authorization to the owner of the translation right and has failed to obtain it, or has failed to find the owner of the translation right after considerable efforts. While making this request to the right owner, the applicant must also notify the international copyright information center established by the United Nations Educational, scientific and cultural organization, or the information center of any country or region designated in the notice deposited with the director general by the government of the contracting state where the publisher's main place of business is located.
D. if the applicant is unable to find the owner of the translation right, he / she shall send a copy of the application by registered airmail to the publisher with the name listed on the work, and at the same time send it to the information center of any country or region mentioned in item C of this paragraph. In the absence of such notification, he shall send a copy of the application to the international copyright information centre established by the United Nations Educational, scientific and cultural organization.
(2) A. according to this article, the license that can be obtained after three years shall be issued after another six months, and the license that can be obtained after one year shall be issued after another nine months. The period of six or nine months mentioned above shall be calculated from the date of applying for the license according to the provisions of (1) (c), or from the date of issuing the copy of the application according to the provisions of (1) (d) if the identity and address of the owner of the translation right are unknown.
B. if the owner of the right of translation has published the translated works within the above six or nine months, no license shall be issued.
(3) Any license referred to in this article shall be issued only for teaching, learning or research purposes.
(4) A. any license granted under this article shall not be extended to the export of copies of the work. The license shall only apply to the publication in the territory of the country applying for the license.
B. all copies of a work published under a license issued under this article shall contain a notice in the relevant language stating that copies of the work may only be distributed in the contracting state that issued the license. If the work is published with the notice specified in Article 3 (1), the same notice shall be printed in each volume of the translation.
(c) a government agency or other public body of a Contracting State has issued a license under this article to translate a work into a language other than English, French or Spanish, and when the government agency or other public body delivers a copy of the translation prepared under the license to another state, the prohibition of export in item a of this paragraph shall not apply
(1) The addressee is an individual of the nationals of the contracting state to which the permit is issued, or an organization of those nationals;
(2) The copy of the work is for teaching, learning or research purposes only;
(3) No copy of the work is sent to the recipient and further distribution is of no profit nature and
(4) The country to which the copy of a work is sent has an agreement with the contracting state to approve the receipt or distribution of such copies or both, and the government of either party has notified the director general of the agreement.
(5) To make appropriate provisions within the national scope to ensure that a and permit shall be given a reasonable remuneration which shall meet the standard of royalty usually paid by the license freely negotiated between the two countries; and
B. guarantee the payment and transmission of the remuneration; if there is any national control over foreign exchange, the competent authority shall, through international institutions, make every effort to ensure that the remuneration is transmitted in an internationally convertible currency or a certain equivalent currency.
(6) If a translation of a work is published and issued by the owner of the right to translate himself or authorizes another person to publish in a Contracting State, the text is the same as the version already licensed in that country, and the content is substantially the same, and the price is equivalent to the general price of the same kind of work in that country, the license issued by the said contracting state under this article shall cease to take effect. Copies of the work that have been published before the license is revoked may be issued until they are sold out.
(7) For works mainly composed of pictures, the license for translation of words and reproduction of pictures can only be issued if the conditions stipulated in article 5-4 are fulfilled.
(8) A. a license for the translation of a work protected by this Convention that has been published in print or other similar forms of reproduction may also be issued to the broadcasting institution in that country in accordance with the requirements of the broadcasting agency headquartered in the State Party to which Article 5 bis applies, subject to the following conditions:
(1) The translation is a copy of the work produced and obtained in accordance with the law of the State Party;
(2) Translation can only be used for teaching broadcasting or broadcasting of special technology or scientific research results to experts of a particular specialty;
(3) The translation is intended for the purposes referred to in the second heading and is carried out by lawful broadcasting of audiences in the territory of the State Party, including broadcasting legally recorded by means of recording or video recording for that purpose;
(4) The recordings or videos of the translation can only be exchanged between the broadcasting organizations whose headquarters is located in the state party issuing the license;
(5) All translations are not used for profit.
B. as long as all the criteria and conditions listed in item a are met, the broadcasting agency may also be granted a license to translate all texts in audio-visual materials specially produced and published for the use of major, middle and primary schools.
C. under the conditions of complying with the provisions of both a and B of this clause, other provisions of this article shall apply to the issuance and use of licenses.
(9) Subject to the provisions of this article, any license issued under this article shall be subject to the provisions of Article 5. The above-mentioned license shall continue to be subject to the provisions of Articles 5 and this article even after the expiration of the seven-year period specified in Article 5 (2); provided that upon the expiration of the said period, the Licensee shall be entitled to request that the above license be replaced by a new license subject to Article 5 only.
Article 5-4
(1) Any Contracting State applying the provisions of Article 5 bis (1) may adopt the following provisions:
A. (1) from the date of the first publication of a specific version of a literary, scientific or artistic work as mentioned in paragraph (3) of this article, at the expiration of the period specified in item C
(2) At the expiration of a longer period of time from the date prescribed by the national law of the State Party, if the copy of the work of that edition is not owned by the reproduction right or is authorized by it to sell in the country at a price similar to the price prevailing in the country for the same works to meet the needs of the general public or the general public, the middle and primary schools, any national of that country may apply to the competent authority for non exclusive teaching License, which is reproduced and published at such price or lower price for teaching in the major, middle and primary schools. The issue of a permit shall be proved by the national in accordance with the current provisions of the country that he has made a request to the owner of the right to publish the work, has not been authorized, or has failed to find the owner of the right through considerable efforts. In addition to making this request to the owner of the right, the applicant must also notify the international copyright Intelligence Centre established by the United Nations Educational, scientific and cultural organization or the information center of any country or region referred to in item D.
B. according to the same conditions, a license may be issued. If the copy of the work produced by the owner of the right has been sold out for six months in the country, it cannot supply the public or for teaching in the large, middle and primary schools at a price similar to the price required by the country for similar works.
C. The term referred to in item a of this paragraph is five years. but
(1) For works on Mathematics and natural science and technology, it is three years;
(2) Novels, poetry, plays and music works, as well as art books, are seven years.
If the applicant is unable to find the owner of the right to copy, he shall notify the registered airmail to send a copy of the application to the publisher named on the work and any national or international intelligence centre designated in the notice to the director general by the government of the country where the main business centre of the publisher is believed to be located for that purpose. Without such notification, he shall submit a copy of the application to the international intelligence centre established by the United Nations Educational, scientific and cultural organization. No license shall be issued within three months from the date of issuing the copy of the application.
E. under the following circumstances, the license that can be obtained after three years shall not be issued in accordance with the provisions of this article:
(1) Less than six months from the date of application for a license referred to in this paragraph, or less than six months from the date of the issue of a copy of the application referred to in paragraph 1 of this paragraph if the identity or address of the owner of the right to copy is unknown;
(2) If the copy of the work of the version mentioned in item a of this paragraph has been issued during this period.
The name of the author and the title of the original edition of the work shall be printed on all copies of the works that have been reproduced and published. The Licensee shall not transfer his or her license.
G. appropriate measures should be taken through national laws to ensure the accurate reproduction of the original version of the work.
Xin. A translation license for the reproduction and publication of a work shall not be issued in accordance with this article under the following circumstances.
(1) The translation involved is not published by or under the authority of the owner of the translation right;
(2) The translation is not in the common language of the country entitled to issue a license.
(2) The exception to paragraph (1) shall be subject to the following supplementary provisions:
A. all copies of works issued under this article shall contain a notice in the relevant language, indicating that the copies of the work can only be issued in the contracting countries to which the permit applies. If the edition contains an announcement under Article 3 (1), all volumes of that edition shall publish the same notice.
B. make appropriate provisions within the national scope to ensure
(1) A reasonable remuneration shall be paid for the issue of a permit which shall meet the standard of royalty normally paid by a permit freely negotiated between the two countries concerned;
(2) To ensure the payment and transmission of the remuneration; if there is national control over foreign exchange, the competent authorities should make every effort to ensure that the remuneration is transmitted in internationally convertible currency or its equivalent through international institutions.
C. If a copy of a certain edition of a work is sold in the Contracting State for the purpose of providing the public or for teaching in large, medium and primary schools at a price similar to that of the same kind of work in the country, and the language and basic content of the copy are the same as the language and content of the version published under the license, the license issued in this article shall be revoked. Copies of works that have been made before the license is revoked may be issued until they are sold out.
D. no license shall be issued when the author has stopped the distribution of all copies of the works of this edition.
(3) Except as provided in item B, the works of literature, science or art to which this article applies are limited to works published in print or any other similar form of reproduction.
B. This article also applies to the legally reproduced protected works or audio-visual materials containing protected works, as well as the translation of the text parts of the audio-visual materials translated in the common languages of the contracting states that have the right to issue licenses, and the sole purpose of primary school teaching.
Article 6
The term "publication" used in this Convention means a copy of a work that is reproduced in tangible form and is available for reading or viewing to the public.
Article 7
This Convention shall not apply to the fact that the Convention has been completely unprotected or has never been amended by (I) this Convention on 24 July 1971 on the date of entry into force of the State Party to which protection is required, and shall be kept by the director general and shall open its signature to all States parties to the 1952 convention within 120 days from the date of the above. This Convention shall be ratified or accepted by the signatories.
(2) States that have not signed this Convention may accede to it.
(3) Ratification, acceptance or accession to this Convention shall be valid only if the relevant documents are deposited with the director general.
Article 9
(1) This Convention will enter into force three months after the deposit of twelve certificates of ratification, acceptance or accession.
(2) Thereafter, this Convention will enter into force for each state three months after its deposit of its certificate of ratification, acceptance or accession.
(3) Any state that is a party to this Convention, if it does not accede to the 1952 convention, shall also be deemed to have acceded to it. However, if the deposit of its certificate of accession is prior to the entry into force of this Convention, its accession to the 1952 Convention shall be conditional on the entry into force of this Convention. After the entry into force of this Convention, no state shall accede to the 1952 convention only.
(4) The relationship between the States parties to this Convention and those that only participate in the 1952 Convention shall be governed by the provisions of the 1952 convention. However, any state that is only a party to the 1952 Convention may deposit with the director general a notice declaring recognition of the works of the 1971 convention applicable to its nationals and the works of the signatory state of this Convention, which was first published in that country.
Article 10
(1) All States parties undertake to take the necessary measures to ensure the implementation of this Convention in accordance with their constitution.
(2) It is self-evident that this Convention shall be implemented in accordance with its domestic law when any state party enters into force.
Article 11
(1) The establishment of an "Intergovernmental Committee" has the following functions:
A. study the application and implementation of the world copyright convention;
B. prepare for the regular revision of this Convention;
C. to cooperate with relevant international organizations such as the United Nations Educational, scientific and cultural organization, the International Union for the protection of literary and artistic works and the organization of American States to study any issues concerning the international protection of copyright;
D. inform the participating countries of the world copyright convention of the activities of the "Intergovernmental Committee".
(2) The committee will consist of representatives of 18 states that are parties to this Convention or only to the 1952 convention.
(3) The selection of members of the Commission should take into account the balance of national interests, in accordance with the geographical location, population, language and development level of each country.
(4) Representatives of the director general of the United Nations Educational, scientific and cultural organization, the director general of the World Intellectual Property Organization and the Secretary General of the organization of American States may participate in the meetings of the Committee as advisers.
Article 12
The Intergovernmental Committee may convene a meeting to amend this Convention, if it considers it necessary, or at least ten states parties to this Convention.
Article 13
(1) Any Contracting State, at the time of deposit of its certificate of ratification, acceptance or accession, or at any time thereafter, may, in a notice to the director general, declare this Convention applicable to all States or territories responsible for its international relations, or any of them; therefore, this Convention shall apply to the notification after the expiration of the three-month period provided for in Article 9 The state or territory referred to in. Without such notice, this Convention will not apply to such a state or territory.
(2) However, this article shall not be construed as the factual state of the state or territory to which one state party acknowledges or defaults to the application of this Convention by another State Party in accordance with this article.
Article 14
(1) Any Contracting State may, in its own name or on behalf, repeal this convention all or one of the states or territories covered by a notice issued under Article 13. The repeal of this Convention shall be sent to the director general by notice. Such repeal also constitutes the abolition of the 1952 convention.
(2) Such repeal shall be effective only for the state party concerned or the state or territory represented by it and shall take effect 12 months after the date of receipt of the notification.
Article 15 If a dispute between two or more States parties in the interpretation or application of this Convention cannot be settled through negotiation, if the State concerned cannot reach an agreement on other solutions, it shall submit the dispute to the International Court of justice for adjudication.
Article 16
(1) This Convention is formulated in English, French and Spanish, and the three texts shall be signed and have the same effect.
(2) After consultation with the relevant government, the director general will develop official texts in Arabic, German, Italian and Portuguese.
(3) One or more States parties have the right to develop, after consultation with the director general, other texts of the language they choose.
(4) All of these texts are attached to the signed text of this Convention.
Article 17
(1) This Convention shall not affect the terms of the Bernie Convention on the protection of literary and artistic works or the membership of the Union established by that convention.
(2) For the purpose of implementing the provisions of the preceding paragraph, a statement is attached to this article. This declaration is an integral part of this Convention for states bound by the Berne Convention on 1 January 1951 or states that have been or may be bound by it on a later date. The signature of these states to this Convention shall also be deemed to have signed the declaration, and their ratification, acceptance or accession to this Convention shall include that declaration.
Article 18 this Convention will not repeal the multilateral or bilateral copyright convention or agreement between the republics of the Americas, which are only valid or possible to enter into force between two or more states. Whether there is a difference between the provisions of such conventions or agreements in force and the provisions of this Convention, or between the provisions of this Convention and the provisions of new conventions or agreements that may be formulated by two or more republics of the Americas after the entry into force of this Convention, the most recent convention or agreement shall prevail. No contracting state shall, until the entry into force of this Convention, be affected by copyright acquired by that state under existing conventions or agreements.
Article 19 this Convention shall not repeal multilateral or bilateral conventions or agreements in force between two or more States parties. In case of any discrepancy between the provisions of such existing conventions or agreements and the provisions of this Convention, the provisions of this Convention shall prevail. Before the entry into force of this Convention, any Contracting State shall not be affected by the copyright obtained in accordance with the existing convention or agreement, and the provisions of this article shall not affect the implementation of the provisions of Articles 17 and 18.
Article 20 there shall be no reservation to this Convention.
Article 21
(1) The director general shall send to the States concerned copies of the Convention certified and certified for registration with the Secretary General of the United Nations.
(2) The director general shall also notify all States concerned of the deposited certificates of ratification, acceptance and accession, the date of entry into force of this Convention, the notification given under this Convention and the repeal under Article 14.
Additional statement on Article 17
In order to strengthen their mutual relations on the basis of the International Union for the protection of literary and artistic works (hereinafter referred to as the "Bernie union") and the signatories to this Convention, and to avoid any conflicts that may arise in the event of coexistence of the Berne Convention and the world copyright convention, it is recognized that some countries adjust their copyright protection water in accordance with their cultural, social and economic development stages The temporary needs of peace, upon mutual agreement, accept the provisions of the following statement:
A. except as provided in item B of this declaration, if a work originated from a state that is a member of the Bern Convention and has withdrawn from the Bern Union after January 1, 1951, it shall not be protected by the world copyright convention in the country of the Bernie Union.
B. If a state party is regarded as a developing country in accordance with the practice established by the general assembly of the United Nations and, when it withdraws from the Berne Union, deposits with the director general of the United Nations Educational, scientific and cultural organization a notice that it considers itself to be a developing country, the provisions of paragraph a of this declaration shall not apply if it can invoke the exceptions of Article 5 bis of this Convention.
C. as long as some works are involved in protection, according to the Bern convention, the original publishing country is a member of Berne Union, and the world copyright convention should not apply to the relations between the countries of the Bernie Union.
Resolution on Article 11
The conference on the revision of the world copyright convention has considered the issue of the Intergovernmental Committee under Article 11 of this Convention and attached this resolution to it. It is hereby resolved as follows:
(1) The establishment of the committee shall include the establishment of the Intergovernmental Committee established in accordance with Article 11 of the 1952 Convention and the resolutions annexed to it
Representatives of 12 member states; in addition, representatives of Algeria, Australia, Japan, Mexico, Senegal and Yugoslavia.
(2) Any state which is not a party to the 1952 Convention and which is not a party to the Convention before the first regular meeting of the Committee convened after the entry into force of the Convention shall be replaced by another state chosen by the Committee at its first regular meeting in accordance with Article 11 (2) and (3).
(3) Upon entry into force of this Convention, the committee established in accordance with paragraph (1) of this resolution shall be deemed to be constituted in accordance with Article 11 of this Convention.
(4) The committee shall hold a meeting within one year after the entry into force of this Convention. Thereafter, the committee shall hold regular meetings at least once every two years.
(5) The committee shall elect a chairman and two vice chairmen, and shall establish its own rules of procedure in accordance with the following principles:
A. the term of office of the members of the committee shall normally be six years, with one third of the members leaving office every two years. However, it is understood that the term of office of the first one third of the members shall terminate at the end of the second regular meeting held after the entry into force of this Convention, and the term of office of the next one third shall terminate at the end of the second regular meeting held after the entry into force of this Convention
The term of office of a member state shall terminate at the end of the third regular meeting, and the term of office of the last one third of the member states shall terminate at the end of the fourth regular meeting.
B. the procedures for filling vacancies in the committee, the order of expiration of membership, re-election qualifications and the rules of election procedures,
It shall be based on balancing the need for re-election of member states with the need for rotation of representatives of Member States, as well as the considerations of Article 11 (3) of this Convention.
It is hoped that the United Nations Educational, scientific and cultural organization will provide personnel for the Secretariat of the Committee.
In witness whereof, the undersigned, having deposited their respective credentials, have signed this Convention.
Done at Paris on July 24, 1971, in one original.
World copyright convention, 1971
Paris revision, 24 July
On the application of this Convention to stateless persons
The parties to this protocol and the Paris amendment of the world copyright convention of 24 July 1971 (hereinafter referred to as the "1971 Convention") recognize the following provisions:
(1) For the purpose of implementing the 1971 convention, stateless persons and persons in exile ordinarily residing in a state party to this Protocol shall be regarded as nationals of that state.
(2) This protocol is subject to signature, ratification or acceptance, or accession, as provided for in Article 8 of the 1971 convention.
This Protocol shall enter into force for each country on the date of deposit of the certificate of ratification, acceptance or accession or on the date of entry into force of the 1971 Convention for each country, whichever is later.
The undersigned, duly authorized in Paris, are written in English, French and Spanish, all three texts being equally authentic. One original is deposited with the director general of UNESCO. Certified true copies shall be sent by the director general to the signatory States. And sent to the Secretary General of the United Nations for registration.
World copyright convention, 1971
Paris revision, 24 July
Annex on the application of this Convention to the works of certain international organizations
Protocol II
The parties to this protocol and the Paris amendment of the world copyright convention of 24 July 1971 (hereinafter referred to as the "1971 Convention") recognize the following provisions:
(1) A. the copyright protection stipulated in Article 2 (1) of the 1971 Convention shall apply to works first published by the United Nations, its specialized agencies or the organization of American States.
Article 2 (2) of the 1971 Convention applies equally to the above organizations or institutions.
(2) This protocol is subject to signature, ratification or acceptance, or accession, as provided for in Article 8 of the 1971 convention
It must be.
This Protocol shall enter into force on the date of deposit of the certificate of ratification, acceptance or accession by the State concerned or on the date of entry into force of the 1971 Convention for that state, whichever is later.
In witness whereof, the undersigned, being duly authorized, have signed this protocol.
Done at Paris on 24 July 1971, in English, French and Spanish, all three texts being equally authentic. One original is deposited with the director general of UNESCO. Certified true copies shall be sent by the director general to the signatory States and to the Secretary General of the United Nations for registration.