4. Conditions allowing the grant of such licences; 5. Purposes for which licences may be granted; 6. Tennination of licences; 7. Works composed mainly of illustrations: 8. Works withdrawn from circulation; 9. Licenses for broadcasting organisations) (1) Any count,y which has declared that it will avail itself or the faculty provided for in this Article shall be entitled, so far as works published in printed or analogous forms of reproduction are concerned, to substitute for the exclusive right of translation provided for in Article 8 a system of non-exclusive and non transferable licences, granted by the competent authority 1.U1der the following conditions and subject to Article IV. (2) (a) Subject to paragraph (3), if, a[terthe expiration of aperjodofthree years, or of any longer p:riod determined by the national legislation of the said country, commencing on the date of the first publication of the work, a translatiofl of such work has not been published ·in a language in general use in that country by the owner of the right of translation, or witt his authorisation. any national of such country may obtain a licence to make a translation of the work in the said language and publish the translation in printed or analogous fonns of reproduction. {b) A licence under the conditions provided for in this Anicle may also be granted if all the editions of the translation published in the language concerned are out of print. .. (3) (a) In the case of translation into a language which is not in general use in one or more developed co\llltries whicP, are members of the Union, a period of one year shall be substituted for the period of three years referred to in paragraph (2) (a). (b) Any country referred to in paragraph (1) may, with the unanimous agreement of the developed countries which arc members of the Union and in which the same language is in general use, substitute, in the case of translations into that language, [or the period of three years referred to in paragraph (2)(aJ a shorter period as detennincd by such agreement but not less than one year. However, the provisions of the foregoing sentence shall not apply where the language in question is English, French or Spanish. The Director General shall be notified of any such agreement by the Governments which have concluded iL (4) ( a) No licence obtainable after three years shall be granted under this Article until a further period of six months has elapsed. and no licence �btainable after one year shall be granted under this Article until a further period of nine months has elapsed- (i) from the date on which the applicant complies with the requirements mentioned in Article IV (1 ), or (ii) where the identity or the address of the owner of the right of translation is unknown. from the date on which the applicant sends, as provided for in Article {V (2), copies of his application submitted to the authority competent to grant the licence. 720 No. 44 of 1994) Copyright and Performance Rights (b) If, during the said period of six or nine months, a translation in the language in respect of which the application was made is published by the owner of the right of translation or with his authorisation, no licence \Dldcr this Article shall he granted, (5) Any licence under this Article shall be granted only for the purpose uf teaching, scholarship or research. (6) l f a translation of a work is published by the owner of the right of translation or with his authorisation at a' price reasonably related to that normally chargc<l in the country for comparable works, any licence granted under this Article shall terminate if such translation is in the same language and with substantially the same conten� as the translation published under the licence. Any copies already mac.le before the licence terminates may continue to be distributed unti! their stock is exhausted. (7) For works which arc composed mainly of illustrations, a licence to make an<l publish a translation of the text and to reproduce and publish the illustrations may be granted only if the conditions of Article III are also fulfilled. (8) No licence shall be granted under this Article when the author has withdrawn from circulation all copies of his work. (9) ( a) A licence to make a translation of a work which has been published in printed or analogous forms of reproduction may also be granted to any broadcast ing organisation having its headquarters in a country referred to in paragraph (1), upon an application made to the competent authority of that country by the said organisation, provided that all of the following conditions are met: (i) the translation is made from a copy made and acquired in accordance with the laws of the said country; (ii) the translation is only for use in broadcasts intended exclusively for teaching or for the dissemination of the results of specialised techni cal or scientific research to experts in a particular profession; (iii) the translation is used exclusively for the purposes referred to in condition (ii) through broadcasts made lawfully and intended for recipients on the territory of the said country, including broadcasts made through the medium of sound or visual recordings lawfully and exclusively made for the purpose of such broadcasts; (iv) all uses made of the translation are without any commercial purpose. (b) Sound or visual recordings of a translation which was made by broadcasting organisation under a licence granted by virtue of this paragraph may, for the purposes and subject to the conditions referred to in subparagraph (a) and with the agreementof thatorganisation, also be used by any other broadcasting organisation having its headquarters in the country whose competent authority granted the licence in question. (c) Provided that all of the criteria and conditions set out in subparagraph (a) are met, a licence may also be granted to a broadcasting organisation to translate any text incorporated in an audio-visual fixation where such fixation was itself prepared and published for the sole purpose of being used in connection with systematic instructional activities. /d) Subject to subparagraphs /a) to (c), the provisions of the preceding paragraphs shall apply to the grant and exercise of any licence granted under this paragraph. • r Copyright and Performance [No. 44 of 1994 721 Rights AlmCU! m (Limitation on tlu Righi o/Rt!production: 1. Licences grantable by competent authority; 2. to 5. Conditions allowing ,the grant of such licences; 6, Termination of Licences; 7. Works to which this Article applies) (]) Any country which has declared that it will avail itself of the faculty provided for in this Article shall be entitled to substitute for the exclusive right of reproduction provided for in Anicle 9 a system of non-exclusive and non� transferable licences, granted by the competent authority 1mdcr the following conditions and subject to Article IV. (2) / a) If, in relation to a work to which this Article applies by vinue of paragraph (7), after the expiration of- (i) the relevant period specified in paragraph (3), commencing on the date of first publication of a particular edition of the work, or \ \ .' (ii) any longer pcrjod determined by national legislation of the country referred to in paragraph (1 ), commencing on the same date, • copies of such edition have not been distributed in that cmmtry to the general public or in connection with systematic instructional activities, by the owner of the right of reproduction or with his authorisation, at a price reasonably related to that nonnally charged in the country for comparable works, any national of such country may obtain a licence to reproduce and publish such e.dition at that or a lower price for use in connection with systematic instructional activities. (b) A licence to reproduce and publish an edition which has been distributed as described in subparagraph (a) may alw t� granted under the conditions provided for in this Article if, after the expiration of the applicable period, no authorised copies of that edition have been on sale for a period of six months in the country concerned to the general public or in connection with systematic instructional activities at a price reasonably related to that nonnally charged in the country for comparable works. (3) The period referred to in paragraph (2) /a) (i) 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., (4) ( a) No licence obtainable after three years shall be granted under this Article until a period of six months has elapscd- (i) from the date on which the applicant complies with the requirements mentioned in Article IV (1 ), or (ii) where the identify or the address of the owner of the right of reproduction is unknown. from the date on which the applicant sends, as provided for in article IV (2), copies of his app�ication submiued to the authority competent to grant the licence. /b) Where licences are obtainable after other periods and Aniclc IV (2) is applicable, no licence shall be granted until a period of three months has elapsed from the date of the dispatch of the copies of the application, (c) If, during the period of six or three months referred to in subparagraphs (a) and (b), a distribution as described in pagraph (2) (a) has taken place, no licence shall be granted under this Article. I I i • 722 No. 44 of 1994] Copyright and Performance Rights ( d) No licence shall be granted if the author has withdrawn from circulation 'all copies of the edition for the reproduction and publication of which the licence has been applied for. (5) A licence to reproduce and publish a translation of a work shall not be granted und�r this Article in the following cases: (i) where the translation was _not publiShed by the owner of t.'le right of translation or with his authorjsation, or (ii) where the translation is not in a language in general use in the country in which the licence is applied for. (6) If copies of an edition of a work are distributed in the country referred to in paragraph (1) to the general public or in connection with systematic instructional activities, by the owner of the right of reproduction or with his authorisation, at a price reasonably related to that norma11y charged in the country for comparable works, any licence gr3:I1ted under this Article shall terminate if such edition is in the same language and with substantially the same content as the edition which was published under the said licence. Any copies already made before the licence terminate may continue to be distributed lllltil their stock is exhausted. (7) ( a) Subject to subparagraph (b ), the works to which this Article applies shall be limited to works published in printed or analogous forms of reproduction. (b) This Article shall also apply to the reproduction in audio-visual form of lawfully made audio-visual fixations including any protected works incorporated therein and to the translation of an}! incorporated text into a language in general use in the country in which the licence is applied for. always provided that the audio visual fixations in question were prepared and published for the sole purpose of being used in connection with systematic instructional activities. ARTICLE IV (Provisions Common lo Licences Under Articles JI and /II: l. and 2. Procedure; 3. hldic:ation of author and title of work; 4. Exportation of copies; 5. Notice; 6. Compensation) (1) A licence under Article II or Article ill may be granted only if the applicant, in accordance with the procedure of the country concerned, establishes either that he has requested, and has been denied, authorisation b the owner of the right to make and publish the trans · nor to re oduce and publi$h the ed1uon. as e case • or at, a tc!' ue diligence on his part, he was unable to find the owner of may the right. At the same time as making the request, the applicant shalI inform any national or international information centre referred to in paragraph (2). (2) If the owner of the right cannot be found, the applicant for a licence shall send, by registered airmail, copies of his application, submitted to the authority competent to grant the licence, to the publisher whose name appears on the work and to any national or international information centre which may have been designated. in a notification to that effect deposited with the Director General, by the Government of the country in which the publisher is believed to have his principal place of business. (3) The name of the author shall be indicated on all copies of the translation or reproduction published under a licence granted under Article II or Article Ill The title of the work shall appear on all such copies. In the ca�e of a translation, the original title of the woi-k shall appear in any case on all the said copies. (4) (a) No licence gtanted tlllder Article II or Article Ill shall extend to the export of copies, and any such licence shall be valid only for publication of the translation orof the reproduction. as the case may be, in the territory of the country in which it has been applied for. .. I I ! Copyright and Performance Rights [No. 44 of 1994 723 (b) For the pcrpose of subparagraph / a), the notion of export shall include the sending of copies from any territory to the country which, in respect of that territoi)', has made a declaration under Article 1 (5). ( c) Where a governmental or other public entity of a country which has granted a licence to make a translation under Article II into a language other than English, French or Spanish sends copies of a translation published under such licence to another country, such sending of copies shall not, for the purposes of subparagraph ( a), be considered to constitute export i f all of the following condilions are met: (i) the recipients arc individuals who are nationals of the country whose competent authority has· granted the licence, or organisations group ing 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 r�ipients is without any commercial purpose; and (iv) the country to which the copies have been sent has agreed with the country whose competent authority has granted the licence to aUow the receipt. or distribution, or both, and the Director General has been notified of the agreement by the Government of the country in which the licence has been granted. ( (5) All copies published under a license granted by virtue of Artieleil or Article Ill shall bear a notice in the appropriate language stating that the copies are available for distribution only in the country or territory to which the said licence applies. (6) (a) Due provision shall be made at the national level to ensure- • l (i) that the licence provides. in favour of the owneroftherightoftranslation or of reproduction. as the case may be, for just compensation that is consistent with standards of royalties normally operating on licences freely negotiated between persons in the two countries concerned; and (ii) payment and transmittal of the compensation: should national current reguJations intervene. the competent authority shall make all efforts, by the use of international machinery, to ensure transmittal in internationally convertible currency or its equivalent ( b) Due provision shall be made by national legislation to ensure a correct translation of the work, or an accurate reproduction of the particular edition, as the case may be. ARTICLE V (Alternalive Possibility for Limilalion of the Right of Translation: t. Regime provided for under the 1886 and 1896 Acts; 2. No possibility of change to regime under Article Il; 3. Tune limit for choosing the alternative possibility) (l) (a) Any counuy entitled to make a declaration that it will avail itselfof the faculty provided for in Article Il may, instead, at the time of ratifying or acceding to this Act: (i) if it is counuy to which Article 30 (2) ( a) applies, make a declaration under that provision as far as the right of translation is concerned;· (ii) if it is a country to which Article 30 (2)(a) <loes not apply, and even if it is nolcountry outside the Union, make a declaration as provided for in Article 30 (2) /b), first sentence . • "l'' I I i I ' 724 No. 44 of 1 994) Copyright and Performance Rights � (b) In the case of a country which ceases to be regarded as a developing country as referred to in Article I (1), a declaration made according to this paragraph shall be effective until the date on which the period applicable under Article I (3) expires, ( c) Any country which has made a declaration according to this paragraph may not subsequently avail itself of the faculty provided for in Article Il even if it withdraws the said declaration. (2) Subjecl IOparagraph (3), any country which has availed itself of the faculty provided for in Article II may not subsequently make a declaration according to paragraph (I). (3) Any country which has ceased to be regarded as a developing country as referred to in Article I (1) may, not later than two years prior to the expiration of the period app1icable under Article I (3 ), make a declaration to the effect provided for in Anicle 30 (2) (b), first sentence, notwithstanding the fact that it is not a Country outside the Union. Such decl.aration shall take effect at the date on which the J)\'riod applicable under Article I (3) expires. ARTICLE VI (Possibi/i1iesof applying, or admiJting the application of. cerlainpro\lisions of the Appendix before becoming bound by il: t. Declaration; 2. Depository and effective date of declaration) (1) Any country of the Union may declare, as from the d.ite to this Act, and at any time before becoming bound by Articles I to 21 and this Appendix: (i) if it is a country which, were it bound by Aiticlcs l to 21 and this Appendix, would be entitled to avail itself of the faculties referred to in Article 1 (1 ), that it will apply the provisions of Article II or of· Article Ill or of both to works whose country of origin is a country which, pursuant to (ii) below, admits the application of those Articles to such works, or which is bound by Articles I to 21 and this Appendix; such declaration may, instead of referring to Article IJ, refer to Article V; (ii) that it admits the application of this Appendix to works of which it is the country of origin by countries which have made a declaration under (i) above or a notification under Article I. (2) Any declaration made under paragraph (I) shall be in writing and shall be deposited with the Director General. The declaration shall become effective from the date of its deposit.