The Berne Universal Copyright Convention [1988] | Page 5

of
protection in those Contracting States which protect photographic
works, or works of applied art in so far as they are protected as artistic
works, shall not be less than ten years for each of said classes of works.
4. (a) No Contracting State shall be obliged to grant protection to a
work for a period longer than that fixed for the class of works to which
the work in question belongs, in the case of unpublished works by the
law of the Contracting State of which the author is a national, and in
the case of published works by the law of the Contracting State in
which the work has been first published.
(b) For the purposes of the application of subparagraph (a), if the law of
any Contracting State grants two or more successive terms of
protection, the period of protection of that State shall be considered to
be the aggregate of those terms. However, if a specified work is not
protected by such State during the second or any subsequent term for

any reason, the other Contracting States shall not be obliged to protect
it during the second or any subsequent term.
5. For the purposes of the application of paragraph 4, the work of a
national of a Contracting State, first published in a non- Contracting
State, shall be treated as though first published in the Contracting State
of which the author is a national.
6. For the purposes of the application of paragraph 4, in case of
simultaneous publication in two or more Contracting States, the work
shall be treated as though first published in the State which affords the
shortest term; any work published in two or more Contracting States
within thirty days of its first publication shall be considered as having
been published simultaneously in said Contracting States.
ARTICLE IVbis
1. The rights referred to in Article I shall include the basic rights
ensuring the author's economic interests, including the exclusive right
to authorize reproduction by any means, public performance and
broadcasting. The provisions of this Article shall extend to works
protected under this Convention either in their original form or in any
form recognizably derived from the original.
2. However, any Contracting State may, by its domestic legislation,
make exceptions that do not conflict with the spirit and provisions of
this Convention, to the rights mentioned in paragraph 1 of this Article.
Any State whose legislation so provides, shall nevertheless accord a
reasonable degree of effective protection to each of the rights to which
exception has been made.
ARTICLE V
1. The rights referred to in Article I shall include the exclusive right of
the author to make, publish and authorize the making and publication
of translations of works protected under this Convention.
2. However, any Contracting State may, by its domestic legislation,
restrict the right of translation of writings, but only subject to the
following provisions:
(a) If, after the expiration of a period of seven years from the date of
the first publication of a writing, a translation of such writing has not
been published in a language in general use in the Contracting State, by
the owner of the right of translation or with his authorization, any
national of such Contracting State may obtain a non-exclusive licence

from the competent authority thereof to translate the work into that
language and publish the work so translated.
(b) Such national shall in accordance with the procedure of the State
concerned, establish either that he has requested, and been denied,
authorization by the proprietor of the right to make and publish the
translation, or that, after due diligence on his part, he was unable to find
the owner of the right. A licence may also be granted on the same
conditions if all previous editions of a translation in a language in
general use in the Contracting State are out of print.
(c) If the owner of the right of translation cannot be found, then the
applicant for a licence shall send copies of his application to the
publisher whose name appears on the work and, if the nationality of the
owner of the right of translation is known, to the diplomatic or consular
representative of the State of which such owner is a national, or to the
organization which may have been designated by the government of
that State. The licence shall not be granted before the expiration of a
period of two months from the date of the dispatch of the copies of the
application.
(d) Due provision shall be made by domestic legislation to ensure to the
owner of the right of translation a compensation which is just and
conforms to international standards, to ensure payment and transmittal
of such compensation, and to ensure a correct translation of the work.
(e)