KEPUTUSAN PRESIDEN REPUBLIK INDONESIA Nomor TAHUN Tahun 1997 tentang PENGESAHAN BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (berlaku 7 Mei 1997)
Pembukaan
Menimbang : a. bahwa di Bern, Swiss, pada tanggal 9 September 1886, telah diterima Berne Convention for the Protection of Literary and Artistic Works sebagaimana telah beberapa kali diubah terakhir di Paris, Perancis pada tanggal 24 Juli 1971;
- b. bahwa sehubungan dengan itu, dan sesuai dengan Amanat Presiden Republik Indonesia kepada Ketua Dewan Perwakilan Rakyat Nomor 2826/HK/1960 tanggal 22 Agustus 1960 tentang Pembuatan Perjanjian-perjanjian dengan Negara Lain, dipandang perlu untuk mengesahkan Convention tersebut dengan Keputusan Presiden;
Mengingat : Pasal 4 ayat (1) dan Pasal 11 Undang-undang 1945;
MEMUTUSKAN:
Menetapkan
KEPUTUSAN PRESIDEN REPUBLIK INDONESIA TENTANG PENGESAHAN BERNE CONVENTION FOR THE PROTECTION OF
: LITERARY AND ARTISTIC WORKS.
Pasal 1
Mengesahkan Berne Convention for the Protection of Literary and Artistic Works yang diterima di Bern, Swiss, pada tanggal 9 September 1886 telah sebagaimana telah beberapa kali diubah terakhir di Paris, Perancis pada tanggal 24 Juli 1971, dengan disertai Pensyaratan (Reservation) terhadap Pasal 33 ayat (1) yang salinan naskah aslinya dalam bahasa Inggeris sebagaimana terlampir pada Keputusan Presiden ini.
Pasal 2
Mengesahkan Berne Convention for the Protection of Literary and Artistic Works yang diterima di Bern, Swiss, pada tanggal 9 September 1886 telah sebagaimana telah beberapa kali diubah terakhir di Paris, Perancis pada tanggal 24 Juli 1971, dengan disertai Pensyaratan (Reservation) terhadap Pasal 33 ayat (1) yang salinan naskah aslinya dalam bahasa Inggeris sebagaimana terlampir pada Keputusan Presiden ini.
Pasal 33
Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
pada tanggal 7 Mei 1997
MENTERI NEGARA SEKRETARIS NEGARA REPUBLIK INDONESIA
ttd.
MOERDIONO
PENUTUP
Pengesahan
Penetapan: Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Penetapan: Ditetapkan di Jakarta pada tanggal 7 Mei 1997

Verifikasi: ttd. SOEHARTO
LAMPIRAN
LAMPIRAN
LAMPIRAN ATAS KEPUTUSAN PRESIDEN REPUBLIK INDONESIA NOMOR 18 TAHUN 1997

PENSYARATAN

(RESERVATION)

TERHADAP PASAL 33 AYAT (1) DI BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS.

"The Republic of Indonesia does not consider itself bound by the provision of Article 33 (1) of the Treaty, which provides.

Any dispute between two or more countries of the Union concerning the interpretation or application of this Convention, not settled by negotiation, may, by any one of the countries concerned, be brought before the International court of Justice by application in conformity with the Statue of the Court, unless the countries concerned agree on some other method of settlement. The country bringing the dispute before the Court shall inform the International Bureau; the International Bureau shall bring the matter to the attention of the other countries of the Union. The Republic of Indonesia takes the position that for any dispute to be referred to the International Court of Justice for its decision, the agreement of all the Parties to the dispute shall be necessary in each individual case".

PRESIDEN REPUBLIK INDONESIA ttd.

SOEHARTO

Berne Convention for the Protection of Literary and Artistic Works Paris Act of July 24, 1971 as amended on September 28, 1979

Berne Convention

for the Protection of Literary

and Artistic Works

of September 9, 1886, completed at PARIS on May 4, 1896, revised at BERLIN on November 13, 1908, completed at BERNE on March 20, 1914, revised at ROME on June 2, 1928, at BRUSSELS on June 26, 1948, at STOCKHOLM on July 14, 1967, and at PARIS on July 24, 1971, and amended on September 28, 1979.

## TABLE OF CONTENTS

Article 1:

Establishment of a Union÷÷ This Table of Contents is added for the convenience of the reader. It does not appear in the original (English) text of the Convention.

Article 2: Protected Works: 1. "Literary and artistic works"; 2. Possible requirement of fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of protection; 7. Works of applied art and industrial designs; 8. News

Article 2bis: Possible Limitation of Protection of Certain Works: 1. Certain speeches; 2.




Certain uses of lectures and addresses; 3. Right to make collections of such works

Article 3: Criteria of eligibility for Protection: 1. Nationality of author; place of publication of work; 2. Residence of author; 3. "Published" works; 4. "Simultaneously published" works;

Criteria of Eligibility for Protection of Cinematographic Works, Works of

Article 4: Architecture and Certain Artistic Works

Article 5:

Rights Guaranteed: 1 and 2 Outside the country of origin; 3. In the country of origin; 4. "Country of origin

Article 6:

Possible Restriction of Protection In Respect of certain Works of Nationals of Certain Countries Outside the Union: 1. In the country of the first publication and in other countries; 2. No. retroactivity; 3. Notice

Article 6bis:

Moral Rights: 1. To claim authorship: to object to certain modifications and other derogatory actions; 2. After the author's death; 3. Means of redress

Article 7: Term of Protection: 1. Generally; 2. For cinematographic works; 3. For anonymous and pseudonymous works; 4. For photographic works and works of applied art; 5. Starting date of computation; 6. Longer terms; 7. Shorter terms; 8. Applicable law; "comparison" of terms

Article 7bis:

Term of Protection for Works of Joint Authorship

Article 8:

Right of translation

Article 9:

Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings


Article 10: Certain free Uses of Works; 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author

Article 10bis:Further Possible Free Uses of works: 1. Of certain articles and broadcast works; 2. Of works seen or heard in connection with current events

Article 11: Certain Rights in Dramatic and Musical Works: 1. Right of public performance and of communication to the public of a performance; 2. In respect of translations

Article 11bis:Broadcasting and Related Rights: 1. Broadcasting and other wireless communications, public communication of broadcast by wire or rebroadcast, public communication of broadcast by loudspeaker or analogous instruments; 2. Compulsory licenses; 3. Recording; ephemeral recordings

Article 11ter: Certain Rights in Literary Works: 1. Right of public recitation and of communication to the public of a recitation; 2. In respect of translations

Article 12: Right of Adaptation, Arrangement and Other Alteration

Article 13: Possible limitation of the Right of Recording of Musical Words and Any Works Pertaining Thereto: 1. Compulsory licenses; 2. Transitory measures; 3. Seizure on importation of copies made without the author's permission

Article 14: Cinematographic and Related Rights: 1. Cinematographic adaptation and reproduction; distribution; public performance and public communication by wire of works thus adapted or reproduced; 2. Adaptation of Cinematographic productions; 3. No compulsory licenses

Article 14bis:Special Provisions Concerning Cinematographic Works: 1, Assimilation to "original" works; 2. Ownership; limitation of certain rights of certain


## contributors; 3. Certain other contributors

Article 14ter: "Droit de suite" in Works of Art and Manuscripts: 1. Right to an interest in resales; 2. Applicable law; 3. Procedure

Article 15: Right to Enforce Protected Rights: 1. Where author's name is indicated or where pseudonym leaves no doubt as to author's identity; 2. In the case of cinematographic works; 3. In the case of anonymous and pseudonymous works; 4. In the case of certain unpublished works of unknown authorship

Article 16:

Infringing, Copies: 1. Seizure; 2. Seizure on importation; 3. Applicable law

Article 17:

Possibility of control of Circulation, Presentation and exhibition of Works

Article 18:

Works Existing on Convention's Entry Into Force: 1. Protectable where protection not yet expired in country of origin; 2. Non-protectable where protection already expired in country where it is claimed; 3. Application of these principles; 4. Special cases

Article 19:

Protection Greater than Resulting from Convention

Article 20:

Special Agreement Among Countries of the Union

Article 21:

Article 22:

Article 23:

Special Provisions Regarding Developing Countries: 1. Reference to Appendix; 2. Appendix part of Act

Assembly: 1. Constitution and composition; 2. Tasks; 3. Quorum, voting, observers; 4. Convocation; 5. Rules of procedure

Executive Committee: 1. Constitution; 2. Composition; 3. Number of members; 4. Geographical distribution; special agreements; 5. Term, limits of re-eligibility, rules of election; 6. Tasks; 7. Convocation; 8. Quorum,


voting; 9. Observers; 10. Rules of Procedure

Article 24: International Bureau: 1. Tasks in general, Director General; 2. General information; 3. Periodical; 4. Information to countries; 5. Studies and services; 6. Participation in meetings; 7. Conferences of revision; 8. Other tasks

Article 25:

Finances: 1. Budget; 2. Coordination with other Unions; 3. Resources; 4. Contributions; possible extension of previous budget; 5. Fees and charges; 6. Working capital fund; 7. advances by host Government; 8. Auditing of accounts

Article 26:

Amendments: 1. Provisions susceptible of amendment by the Assembly; proposal; 2. Adoption; 3. entry into force

Article 27:

Revision; 1. Objective; 2. Conferences; 3. Adoption

Article 28:

Acceptance and Entry Into Force of Act for Countries of the Union: 1. Ratification, accession; possibility of excluding certain provisions; withdrawal of exclusion; 2. Entry into force of Articles 1 to 21 and appendix; 3. Entry into force of Article 22 to 38

Article 29: Acceptance and Entry Into Force for Countries Outside the Union: 1. Accession; 2. Entry into force

Article 29bis:Effect of Acceptance of Act for the Purposes of Article 14 (2) of the WIPO Convention.

Article 30: Reservations: 1. Limits of possibility of making reservations; 2. Earlier reservations; reservation as the right of translation; withdrawal of reservation.

Article 31:

Applicability to Certain Territories: 1. Declaration; 2. Withdrawal of

Article 32:

Article 33:

Article 34:

Article 35:

Article 36:

Article 37:

Article 38:


-7 - declaration; 3. Effective date; 4. Acceptance of factual situations not implied

Applicability of this Act and of Earlier Acts: 1. As between countries already members of the Union; 2. As between a country becoming a member of the Union and other countries members of the Union; 3. Applicability of the Appendix in Certain Relations

Disputes: 1. Jurisdiction of the International Court of Justice; 2. Reservation as to such jurisdiction; 3. withdrawal of reservation

Closing of certain Earlier Provisions: 1. Of Earlier Acts; 2. Of the Protocol to the Stockholm Act

Duration of the Convention; Denunciation: 1. Unlimited duration; 2. Possibility of denunciation; 3. Effective date of denunciation; 4. Moratorium on denunciation

Application of the Convention: 1. Obligation to adopt the necessary measures; 2. Time from which obligation exists

Final Clauses: 1. Languages of the Act; 2. Signatures; 3. Certified copies; 4. Registration; 5. Notifications

Transitory Provisions: 1. Exercise of the "five-year privilege"; 2. Bureau of the Union, Director of the Bureau; 3. Succession of Bureau of the Union

## APPENDIX

## SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES

Article I: Faculties Open to developing Countries: 1. Availability of certain faculties; declaration; 2. Duration of effect of declaration; 3. Cessation of developing

Article II:

Article III:

Article IV:


-8 - country status; 4. Existing stocks of copies; 5. Declarations concerning certain territories; 6. Limits of reciprocity

Limitations on the Right of Translation: 1. Licenses grantable by competent authority; 2 to 4. Conditions allowing the grant of such licenses; 5. Purposes for which licenses may be granted; 6. Termination of licenses; 7. Works composed mainly of illustrations; 8. Works withdrawn from circulation; 9. Licenses for broadcasting organizations

Limitation on the Right of Reproduction: 1. Licenses grantable by competent authority; 2 to 5. Conditions allowing the grant of such licenses; 6. Termination of licenses. 7. Works to which this Article applies

Provisions Common to Licenses Under Articles II and III: 1 and 2. Procedure. 3. Indication of author and title of work; 4. Exportation of copies; 5. Notice; 6. Compensation

Article V:

Alternative Possibility of Limitation of the Right of Translation: 1. Regime provided for under the 1886 and 1896 Acts; 2. No. possibility of change to regime under Article II; 3. Time limit for choosing the alternative possibility

Article VI: Possibilities of applying, or admitting the application of certain provisions of the Appendix before becoming bound by it: 1. Declaration; 2. Depository and effective date of declaration

The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works.

Recognizing the importance of the work of the Revision Conference held at Stockholm in 1967,

Have resolved to revise the Act adopted by the Stockholm Conference, while maintaining


-9 - without change Articles 1 to 20 and 22 to 26 of that Act.

Consequently, the undersigned Plenipotentiaries, having presented their full powers, recognized as in good and due form, have agreed as follows:

Article 1: [Establishment of a Union] FN1

Article 2:

Protected Works: 1. "Literary and artistic works"; 2. Possible requirement of fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of protection; 7. Works of applied art and industrial designs; 8. News

Article 2bis:

Possible Limitation of Protection of Certain Works: 1. Certain speeches; 2. Certain uses of lectures and addresses; 3. Right to make collections of such works

Article 3: Criteria of eligibility for Protection: 1. Nationality of author; place of publication of work; 2. Residence of author; 3. "Published" works; 4. "Simultaneously published" works;

Article 4: Architecture and Certain Artistic Works

Criteria of Eligibility for Protection of Cinematographic Works, Works of

Article 5: of origin; 4. "Country of origin

Rights Guaranteed: 1 and 2 Outside the country of origin; 3. In the country

- Article 6:

Possible Restriction of Protection In Respect of certain Works of Nationals of Certain Countries Outside the Union: 1. In the country of the first publication and in other countries; 2. No. retroactivity; 3. Notice

Article 6bis:

Moral Rights: 1. To claim authorship: to object to certain modifications and other derogatory actions; 2. After the author's death; 3. Means of redress


Article 7: Term of Protection: 1. Generally; 2. For cinematographic works; 3. For anonymous and pseudonymous works; 4. For photographic works and works of applied art; 5. Starting date of computation; 6. Longer terms; 7. Shorter terms; 8. Applicable law; "comparison" of terms

Article 7bis: Term of Protection for Works of Joint Authorship

Article 8:

Right of translation

Article 9:

Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings

Article 10: Certain free Uses of Works; 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author

Article 10bis:Further Possible Free Uses of works: 1. Of certain articles and broadcast works; 2. Of works seen or heard in connection with current events

Article 11: Certain Rights in Dramatic and Musical Works: 1. Right of public performance and of communication to the public of a performance; 2. In respect of translations

Article 11bis:Broadcasting and Related Rights: 1. Broadcasting and other wireless communications, public communication of broadcast by wire or rebroadcast, public communication of broadcast by loudspeaker or analogous instruments; 2. Compulsory licenses; 3. Recording; ephemeral recordings

Article 11ter:Certain Rights in Literary Works: 1. Right of public recitation and of communication to the public of a recitation; 2. In respect of translations

Article 12: Right of Adaptation, Arrangement and Other Alteration


Article 13: Possible limitation of the Right of Recording of Musical Words and Any Works Pertaining Thereto: 1. Compulsory licenses; 2. Transitory measures; 3. Seizure on importation of copies made without the author's permission

Article 14: Cinematographic and Related Rights: 1. Cinematographic adaptation and reproduction; distribution; public performance and public communication by wire of works thus adapted or reproduced; 2. Adaptation of Cinematographic productions; 3. No compulsory licenses

Article 14bis:Special Provisions Concerning Cinematographic Works: 1, Assimilation to "original" works; 2. Ownership; limitation of certain rights of certain contributors; 3. Certain other contributors

Article 14ter:"Droit de suite" in Works of Art and Manuscripts: 1. Right to an interest in resales; 2. Applicable law; 3. Procedure

Article 15: Right to Enforce Protected Rights: 1. Where author's name is indicated or where pseudonym leaves no doubt as to author's identity; 2. In the case of cinematographic works; 3. In the case of anonymous and pseudonymous works; 4. In the case of certain unpublished works of unknown authorship

Article 16:

Infringing, Copies: 1. Seizure; 2. Seizure on importation; 3. Applicable law

Article 17: Possibility of control of Circulation, Presentation and exhibition of Works

Article 18:

Works Existing on Convention's Entry Into Force: 1. Protectable where protection not yet expired in country of origin; 2. Non-protectable where protection already expired in country where it is claimed; 3. Application of these principles; 4. Special cases

Article 19:

Protection Greater than Resulting from Convention


Article 20:

Special Agreement Among Countries of the Union

Article 21:

Special Provisions Regarding Developing Countries: 1.Reference

to

Appendix; 2. Appendix part of Act

Article 22:

Assembly: 1. Constitution and composition; 2. Tasks; 3. Quorum, voting, observers; 4. Convocation; 5. Rules of procedure

Article 23:

Executive Committee: 1. Constitution; 2. Composition; 3. Number of members; 4. Geographical distribution; special agreements; 5. Term, limits of re-eligibility, rules of election; 6. Tasks; 7. Convocation; 8. Quorum, voting; 9. Observers; 10. Rules of Procedure

Article 24: tasks

International Bureau: 1. Tasks in general, Director General; 2. General information; 3. Periodical; 4. Information to countries; 5. Studies and services; 6. Participation in meetings; 7. Conferences of revision; 8. Other

Article 25:

Finances: 1. Budget; 2. Coordination with other Unions; 3. Resources; 4. Contributions; possible extension of previous budget; 5. Fees and charges; 6. Working capital fund; 7. advances by host Government; 8. Auditing of accounts

Article 26:

Amendments: 1. Provisions susceptible of amendment by the Assembly; proposal; 2. Adoption; 3. entry into force

Article 27:

Revision; 1. Objective; 2. Conferences; 3. Adoption

Article 28:

Acceptance and Entry Into Force of Act for Countries of the Union: 1. Ratification, accession; possibility of excluding certain provisions; withdrawal of exclusion; 2. Entry into force of Articles 1 to 21 and


-13 - appendix; 3. Entry into force of Article 22 to 38

Article 29: Acceptance and Entry Into Force for Countries Outside the Union: 1. Accession; 2. Entry into force

Article 29bis:Effect of Acceptance of Act for the Purposes of Article 14 (2) of the WIPO Convention.

Article 30: Reservations: 1. Limits of possibility of making reservations; 2. Earlier reservations; reservation as the right of translation; withdrawal of reservation.

Article 31:

Applicability to Certain Territories: 1. Declaration; 2. Withdrawal of declaration; 3. Effective date; 4. Acceptance of factual situations not implied

Article 32:

Applicability of this Act and of Earlier Acts: 1. As between countries already members of the Union; 2. As between a country becoming a member of the Union and other countries members of the Union; 3. Applicability of the Appendix in Certain Relations

Article 33:

Disputes: 1. Jurisdiction of the International Court of Justice; 2. Reservation as to such jurisdiction; 3. withdrawal of reservation

Closing of certain Earlier Provisions: 1. Of Earlier Acts; 2. Of the Protocol

Article 34: to the Stockholm Act

Article 35:

Duration of the Convention; Denunciation: 1. Unlimited duration; 2. Possibility of denunciation; 3. Effective date of denunciation; 4. Moratorium on denunciation

Article 36: Application of the Convention: 1. Obligation to adopt the necessary


## measures; 2. Time from which obligation exists

Article 37:

Final Clauses: 1. Languages of the Act; 2. Signatures; 3. Certified copies; 4. Registration; 5. Notifications

Article 38:

Transitory Provisions: 1. Exercise of the "five-year privilege"; 2. Bureau of the Union, Director of the Bureau; 3. Succession of Bureau of the Union

## APPENDIX

## SPECIAL PROVISIONS REGARDING DEVELOPING COUNTRIES

Article I: Faculties Open to developing Countries: 1. Availability of certain faculties; declaration; 2. Duration of effect of declaration; 3. Cessation of developing country status; 4. Existing stocks of copies; 5. Declarations concerning certain territories; 6. Limits of reciprocity

Article II:

Limitations on the Right of Translation: 1. Licenses grantable by competent authority; 2 to 4. Conditions allowing the grant of such licenses; 5. Purposes for which licenses may be granted; 6. Termination of licenses; 7. Works composed mainly of illustrations; 8. Works withdrawn from circulation; 9. Licenses for broadcasting organizations

Article III:

Article IV:

Article V:

Limitation on the Right of Reproduction: 1. Licenses grantable by competent authority; 2 to 5. Conditions allowing the grant of such licenses; 6. Termination of licenses. 7. Works to which this Article applies

Provisions Common to Licenses Under Articles II and III: 1 and 2. Procedure. 3. Indication of author and title of work; 4. Exportation of copies; 5. Notice; 6. Compensation

Alternative Possibility of Limitation of the Right of Translation: 1. Regime provided for under the 1886 and 1896 Acts; 2. No. possibility of change to


-15 - regime under Article II; 3. Time limit for choosing the alternative possibility

Article VI: Possibilities of applying, or admitting the application of certain provisions of the Appendix before becoming bound by it: 1. Declaration; 2. Depository and effective date of declaration

The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works.

Recognizing the importance of the work of the Revision Conference held at Stockholm in 1967,

Have resolved to revise the Act adopted by the Stockholm Conference, while maintaining without change Articles 1 to 20 and 22 to 26 of that Act.

Consequently, the undersigned Plenipotentiaries, having presented their full powers, recognized as in good and due form, have agreed as follows:

## Article 1

[Establishment of a Union] FN2

The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.

## Article 2

Protected Works: 1. "Literary and artistic works"; 2. Possible requirement of fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of protection; 7. Works of applied art and industrial design; 8. News]

- (1) The expression "literary and artistic works" shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its


-16 - expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatic musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, naps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.

- (2) It shall, however, be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.
- (3) Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.
- (4) It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a legislative, administrative and legal nature, and to official translations of such texts.
- (5) Collections of literary or artistic works such as encyclopedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.
- (6) The works mentioned in this Article shall enjoy protection in all countries of the Union. This protection shall operate for the benefit of the author and his successors in title.
- (7) subject to the provisions of Article 7(4) of this Convention, it shall be a matter for legislation in the countries of the Union to determine the extent of the application


-17 - of their laws to works of applied art and industrial designs and models, as well as the conditions under which such works, designs and models shall be protected. Works protected in the country of origin solely as designs and models shall be entitled in another country of the Union only to such special protection as is granted in that country to designs and models; however, if no such special protection is granted in that country such works shall be protected as artistic works.

- (8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.

## Article 2bis

[Possible Limitation of Protection of Certain Works: 1. Certain speeches; 2. Certain uses of lectures and addresses; 3. Right to make collections of such works]

- (1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part, from the protection provided by the preceding Article political speeches and speeches delivered in the in the course of legal proceedings.
- (2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which lectures, addresses and other works of the same nature which are delivered in public may be reproduced by the press broadcast, communicated to the public by wire and made the subject of public communication as envisaged in article 11bis (1) of this Convention, when such use is justified by the informatory purpose.
- (3) Nevertheless, the author shall enjoy the exclusive right of making a collection of his works mentioned in the preceding paragraphs.

## Article 3

[Criteria of Eligibility for Protection: 1. Nationality of author; place of publication of work; 2. Residence of author; 3. Published works; 4. Simultaneously published works]


- (1) The protection of this Convention shall apply to:
2. (a) author who are nationals of one of the countries of the Union for their works, whether published or not;
3. (b) author who are not nationals of one of the countries of the Union, for their works first published in one of those countries, or simultaneously in a country outside the Union and in a country of the Union.
- (2) Authors who are not nationals of one of the countries of the Union but who have their habitual residence in one of them shall, for the purposes of this Convention, be assimilated to nationals of that country.
- (3) The expression "published works" means works published with the consent of their authors, whatever may be the means of manufacture of the copies, provided that be the availability of such copies has been such as to satisfy the reasonable requirements of the public, having regard to nature of the work. The performance of a dramatic, dramaticomusical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication.
- (4) A work shall be considered as having been published simultaneously in several countries if it has been published in two or more countries if it has been published in two or more countries within thirty days of its first publication.

## Article 4

[Criteria of Eligibility for Protection of Cinematographic Works, Works of Architecture and Certain Artistic Works]

The protection of this Convention shall apply, even if the conditions of Article 3 are not fulfilled, to:

- (a) author of cinematographic works the maker of which has his headquarters or habitual residence in one of the countries of the Union;


- (b) authors of works of architecture erected in a country of the Union or of other artistic works incorporated in a bulding or other structure located in a country of the Union.

## Article 5

[Rights Guaranteed: 1 and 2 Outside the country of origin; 3. In the country of origin; 4. "Country of origin"]

- (1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.
- (2) The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.
- (3) Protection in the country of origin is governed by domestic law. However, when the author is not a national of the country of origin of the work for which he is protected under this Convention, he shall enjoy in that country the same rights as national authors.
- (4) The country of origin shall be considered to be:
5. (a) in the case of works first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection;
6. (b) in the Case of works published simultaneously in a country outside the Union and in a country of the Union, the latter country;
7. (c) in the case of unpublished works or of works first published in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national, provided that :


- (i) when these are cinematographic works the maker of which has his headquarters or his habitual residence in a country of the Union, the country of origin shall be that country, and
- (ii) when these are works of architecture erected in a country of the Union or other artistic works incorporated in a building or other structure located in a country of the Union, the country of origin shall be that country.

## Article 6

[Possible Restriction of Protection In Respect of Certain Works of Nationals of Certain Countries Outside the Union: 1. In the country of the first publication and in other countries; 2. No. retroactively; 3. Notice]

- (1) Where any country outside the Union fails to protect in an adequate manner the works of authors who are nationals of one of the countries of the Union, the latter country may restrict the protection given to the works of authors who are, at the date of the first publication thereof, nationals of the other country and are not habitually resident in one of the countries of the Union. If the country of first publication avails itself of this right, the other countries of the Union shall not be required to grant to works thus subjected to special treatment a wider protection than that granted to them in the country of first publication.
- (2) No restriction introduced by virtue of the preceding paragraph shall affect the rights which an author may have acquired in respect of a work published in a country of the Union before such restrictions were put into force.
- (3) The countries of the Union Which restrict the grant of copyright in accordance with this Article shall give notice thereof to the Director General of the World Intellectual Property Organization (hereinafter designated as "the Director General") by a written declaration specifying the in regard to which protection is restrcted, and the restrictions to which rights of authors who are nationals of those countries are subjected. The Director General shall immediately communicate this declaration to all the countries of the Union.


## Article 6bis

[Moral Right: 1. To claim authorship; to object to certain modifications and other derogatory actions; 2. After the author's death; 3. Means of redress]

- (1) Independentently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
- (2) The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained at least until the expiry of the economic rights, and shall be execisable by the persons or institutions authorized by the legislation of the country where protection is claimed. However, those countries whose legislation, at the moment of their ratificat