1. The rights referred to in Article I shall include the exclusive
right of the author to make, publish and authorize the making and
publication of translations of works protected under this Convention.
2. However, any Contracting State may, by its domestic legislation,
restrict the right of translation of writings, but only subject to the
following provisions:
(a) If, after the expiration of a period of seven years from the date
of the first publication of a writing, a translation of such writing
has not been published in a language in general use in the Contracting
State, by the owner of the right of translation or with his
authorization, any national of such Contracting State may obtain a
non-exclusive licence from the competent authority thereof to translate
the work into that language and publish the work so translated.
(b) Such national shall in accordance with the procedure of the State
concerned, establish either that he has requested, and been denied,
authorization by the proprietor of the right to make and publish the
translation, or that, after due diligence on his part, he was unable to
find the owner of the right. A licence may also be granted on the same
conditions if all previous editions of a translation in a language in
general use in the Contracting State are out of print.
(c) If the owner of the right of translation cannot be found, then the
applicant for a licence shall send copies of his application to the
publisher whose name appears on the work and, if the nationality of the
owner of the right of translation is known, to the diplomatic or
consular representative of the State of which such owner is a national,
or to the organization which may have been designated by the government
of that State. The licence shall not be granted before the expiration
of a period of two months from the date of the dispatch of the copies
of the application.
(d) Due provision shall be made by domestic legislation to ensure to
the owner of the right of translation a compensation which is just and
conforms to international standards, to ensure payment and transmittal
of such compensation, and to ensure a correct translation of the work.
(e) The original title and the name of the author of the work shall be
printed on all copies of the published translation. The licence shall
be valid only for publication of the translation in the territory of
the Contracting State where it has been applied for. Copies so
published may be imported and sold in another Contracting State if a
language in general use in such other State is the same language as
that into which the work has been so translated, and if the domestic
law in such other State makes provision for such licenses and does not
prohibit such importation and sale. Where the foregoing conditions do
not exist, the importation and sale of such copies in a Contracting
State shall be governed by its domestic law and its agreements. The
licence shall not be transferred by the licensee.
(f) The licence shall not be granted when the author has withdrawn from
circulation all copies of the work.