The Berne Universal Copyright Convention [1988] | Page 8

having its headquarters in a
Contracting State to which Article Vbis (1) applies, upon an application
made in that State by the said organization under the following
conditions:
(i) the translation is made from a copy made and acquired in
accordance with the laws of the Contracting State;
(ii) the translation is for use only in broadcasts intended exclusively for
teaching or for the dissemination of the results of specialized technical
or scientific research to experts in a particular profession;
(iii) the translation is used exclusively for the purposes set out in
condition (ii), through broadcasts lawfully made which are intended for
recipients on the territory of the Contracting State, including broadcasts
made through the medium of sound or visual recordings lawfully and
exclusively made for the purpose of such broadcasts;
(iv) sound or visual recordings of the translation may be exchanged
only between broadcasting organizations having their headquarters in

the Contracting State granting the licence; and
(v) all uses made of the translation are without any commercial
purpose.
(b) Provided all of the criteria and conditions set out in subparagraph (a)
are met, a licence may also be granted to a broadcasting organization to
translate any text incorporated in an audio-visual fixation which was
itself prepared and published for the sole purpose of being used in
connexion with systematic instructional activities.
(c) Subject to sub-paragraphs (a) and (b), the other provisions of this
Article shall apply to the grant and exercise of the licence.
9. Subject to the provisions of this Article, any licence granted under
this Article shall be governed by the provisions of Article V, and shall
continue to be governed by the provisions of Article V and of this
Article, even after the seven-year period provided for in Article V (2)
has expired. However, after the said period has expired, the licensee
shall be free to request that the said licence be replaced by a new
licence governed exclusively by the provisions of Article V.
ARTICLE Vquater
1. Any Contracting State to which Article Vbis (1) applies may adopt
the following provisions:
(a) If, after the expiration of (i) the relevant period specified in
sub-paragraph (c) commencing from the date of first publication of a
particular edition of a literary, scientific or artistic work referred to in
paragraph 3, or (ii) any longer period determined by national legislation
of the State, copies of such edition have not been distributed in that
State to the general public or in connexion with systematic instructional
activities at a price reasonably related to that normally charged in the
State for comparable works, by the owner of the right of reproduction
or with his authorization, any national of such State may obtain a
non-exclusive licence from the competent authority to publish such
edition at that or a lower price for use in connexion with systematic
instructional activities. The licence may only be granted if such
national, in accordance with the procedure of the State concerned,
established either that he has requested, and been denied, authorization
by the proprietor of the right to publish such work, 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 referred to in sub- paragraph
(d).
(b) A licence may also be granted on the same conditions if, for a
period of six months, no authorized copies of the edition in question
have been on sale in the State concerned to the general public or in
connexion with systematic instructional activities at a price reasonably
related to that normally charged in the State for comparable works.
(c) The period referred to in sub-paragraph (a) shall be five years
except that:
(i) for works of the natural and physical sciences, including
mathematics, and of technology, the period shall be three years;
(ii) for works of fiction, poetry, drama and music, and for art books, the
period shall be seven years.
(d) If the owner of the right of reproduction cannot be found, the
applicant for a licence shall send, by registered air mail, copies of his
application to the publisher whose name appears on the work and to
any national or regional information centre identified as such in a
notification deposited with the Director-General by the State in which
the publisher is believed to have his principal place of business. In the
absence of any such notification, he shall also send a copy to the
international copyright information centre established by the United
Nations Education, Scientific and Cultural Organization. The licence
shall not be granted before the expiration of a period of three months
from the