The Berne Universal Copyright Convention [1988] | Page 7

he has
requested, and been denied, authorization by the owner of the right of
translation, or that, after due diligence on his part, he was unable to find
the owner of the right. At the same time as he makes his request he
shall inform either the International Copyright Information Centre
established by the United Nations Educational, Scientific and Cultural
Organization or any national or regional information centre which may
have been designated in a notification to that effect deposited with the
Director-General by the government of the State in which the publisher
is believed to have his principal place of business.
(d) If the owner of the right of translation cannot be found, the
applicant for a licence shall send, by registered airmail, copies of his
application to the publisher whose name appears on the work and to
any national or regional information centre as mentioned in
sub-paragraph (c). If no such centre is notified he shall also send a copy
to the international copyright information centre established by the

United Nations Educational, Scientific and Cultural Organization.
2. (a) Licenses obtainable after three years shall not be granted under
this Article until a further period of six months has elapsed and licenses
obtainable after one year until a further period of nine months has
elapsed. The further period shall begin either from the date of the
request for permission to translate mentioned in paragraph 1 (c) or, if
the identity or address of the owner of the right of translation is not
known, from the date of dispatch of the copies of the application for a
licence mentioned in paragraph 1(d).
(b) Licenses shall not be granted if a translation has been published by
the owner of the right of translation or with his authorization during the
said period of six or nine months.
3. Any licence under this Article shall be granted only for the purpose
of teaching, scholarship or research.
4. (a) Any licence granted under this Article shall not extend to the
export of copies and shall be valid only for publication in the territory
of the Contracting State where it has been applied for.
(b) Any copy published in accordance with a licence granted under this
Article shall bear a notice in the appropriate language stating that the
copy is available for distribution only in the Contracting State Granting
the licence. If the writing bears the notice specified in Article III (1) the
copies shall bear the same notice.
(c) The prohibition of export provided for in sub-paragraph (a) shall not
apply where a governmental or other public entity of a State which has
granted a licence under this Article to translate a work into a language
other than English, French or Spanish sends copies of a translation
prepared under such licence to another country if:
(i) the recipients are individuals who are nationals of the Contracting
State granting the licence, or organizations grouping such individuals;
(ii) the copies are to be used only for the purpose of teaching,
scholarship or research;
(iii) the sending of the copies and their subsequent distribution to
recipients is without the object of commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the
Contracting State to allow the receipt, distribution or both and the
Director-General has been notified of such agreement by any one of the
governments which have concluded it.

5. Due provision shall be made at the national level to ensure:
(a) that the licence provides for just compensation that is consistent
with standards of royalties normally operating in the case of licenses
freely negotiated between persons in the two countries concerned; and
(b) payment and transmittal of the compensation; however, should
national currency regulations intervene, the competent authority shall
make all efforts, by the use of international machinery, to ensure
transmittal in internationally convertible currency or its equivalent.
6. Any licence granted by a Contracting State under this Article shall
terminate if a translation of the work in the same language with
substantially the same content as the edition in respect of which the
licence was granted is published in the said State by the owner of the
right of translation or with his authorization, at a price reasonably
related to that normally charged in the same State for comparable
works. Any copies already made before the licence is terminated may
continue to be distributed until their stock is exhausted.
7. For works which are composed mainly of illustrations a licence to
translate the text and to reproduce the illustrations may be granted only
if the conditions of Article Vquater are also fulfilled.
8. (a) A licence to translate a work protected under this Convention,
published in printed or analogous forms of reproduction, may also be
granted to a broadcasting organization