The Berne Universal Copyright Convention [1988] | Page 9

date of dispatch of the copies of the application.
(e) Licenses obtainable after three years shall not be granted under this
Article:
(i) until a period of six months has elapsed from the date of the request
for permission referred to in sub- paragraph (a) or, if the identity or
address of the owner of the right of reproduction is unknown, from the
date of the dispatch of the copies of the application for a licence
referred to in sub-paragraph (d);
(ii) if any such distribution of copies of the edition as is mentioned in
sub-paragraph (a) has taken place during that period.
(f) The name of the author and the title of the particular edition of the
work shall be printed on all copies of the published reproduction. The

licence 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. The licence shall not be transferable by the licensee.
(g) Due provision shall be made by domestic legislation to ensure an
accurate reproduction of the particular edition in question.
(h) A licence to reproduce and publish a translation of a work shall not
be granted under this Article in the following cases:
(i) where the translation was not published by the owner of the right of
translation or with his authorization;
(ii) where the translation is not in a language in general use in the State
with power to grant the licence.
2. The exceptions provided for in paragraph 1 are subject to the
following additional provisions:
(a) 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 to which
the said licence applies. If the edition bears the notice specified in
Article III (1), the copies shall bear the same notice.
(b) Due provision shall be made at the national level to ensure:
(i) that the licence provides for just compensation that is consistent
with standards of royalties normally operating in the case licenses
freely negotiated between persons in the two countries concerned; and
(ii) 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.
(c) Whenever copies of an edition of a work are distributed in the
Contracting State to the general public or in connexion with systematic
instructional activities, by the owner of the right of reproduction or
with his authorization, at a price reasonably related to that normally
charged in the State for comparable works, any licence granted under
this Article shall terminate if such edition is in the same language and
is substantially the same in content as the edition published under the
licence. Any copies already made before the licence is terminated may
continue to be distributed until their stock is exhausted.
(d) No licence shall be granted when the author has withdrawn from
circulation all copies of the edition in question.

3. (a) Subject to sub-paragraph (b), the literary, scientific or artistic
works to which this Article applies shall be limited to works published
in printed or analogous forms of reproduction.
(b) The provisions of this Article shall also apply to reproduction in
audio-visual form of lawfully made audio- visual fixations including
any protected works incorporated therein and to the translation of any
incorporated text into a language in general use in the State with power
to grant the licence; always provided that the audio-visual fixations in
question were prepared and published for the sole purpose of being
used in connexion with systematic instructional activities.
ARTICLE VI
"Publication", as used in this Convention, means the reproduction in
tangible form and the general distribution to the public of copies of a
work from which it can be read or otherwise visually perceived.
ARTICLE VII
This Convention shall not apply to works or rights in works which, at
the effective date of this Convention in a Contracting State where
protection is claimed, are permanently in the public domain in the said
Contracting State.
ARTICLE VIII
1. This Convention, which shall bear the date of 24 July 1971, shall be
deposited with the Director-General and shall remain open for signature
by all States party to the 1952 Convention for a period of 120 days after
the date of this Convention. It shall be subject to ratification or
acceptance by the signatory States.
2. Any State which has not signed this Convention may accede thereto.
3. Ratification, acceptance or accession shall be effected by the deposit
of an instrument to that effect with the Director-General.
ARTICLE IX
1. This Convention shall come