1. (a) Any Contracting State to which Article Vbis (1) applies may
substitute for the period of seven years provided for in Article V(2) a
period of three years or any longer period prescribed by its
legislation. However, in the case of a translation into a language not
in general use in one or more developed countries that are party to
this Convention or only the 1952 Convention, the period shall be one
year instead of three.
(b) A Contracting State to which Article Vbis (1) applies may, with the
unanimous agreement of the developed countries party to this Convention
or only the 1952 Convention and in which the same language is in
general use, substitute, in the case of translation into that language,
for the period of three years provided for in sub-paragraph (a) another
period as determined be such agreement but not shorter than one year.
However, this sub-paragraph shall not apply where the language in
question is English, French or Spanish. Notification of any such
agreement shall be made to the Director-General.
(c) The licence may only be granted if the applicant, in accordance
with the procedure of the State concerned, establishes either that he
has requested, and been denied, authorization by the owner of the right
of translation, 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
which may have been designated in a notification to that effect
deposited with the Director-General by the government of the State in
which the publisher is believed to have his principal place of business.
(d) If the owner of the right of translation cannot be found, the
applicant for a licence shall send, by registered airmail, copies of
his application to the publisher whose name appears on the work and to
any national or regional information centre as mentioned in
sub-paragraph (c). If no such centre is notified he shall also send a
copy to the international copyright information centre established by
the United Nations Educational, Scientific and Cultural Organization.
2. (a) Licenses obtainable after three years shall not be granted under
this Article until a further period of six months has elapsed and
licenses obtainable after one year until a further period of nine
months has elapsed. The further period shall begin either from the
date of the request for permission to translate mentioned in paragraph
1 (c) or, if the identity or address of the owner of the right of
translation is not known, from the date of dispatch of the copies of
the application for a licence mentioned in paragraph 1(d).
(b) Licenses shall not be granted if a translation has been published
by the owner of the right of translation or with his authorization
during the said period of six or nine months.
3. Any licence under this Article shall be granted only for the purpose
of teaching, scholarship or research.
4. (a) Any licence granted under this Article 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.
(b) 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
Granting the licence. If the writing bears the notice specified in
Article III (1) the copies shall bear the same notice.
(c) The prohibition of export provided for in sub-paragraph (a) shall
not apply where a governmental or other public entity of a State which
has granted a licence under this Article to translate a work into a
language other than English, French or Spanish sends copies of a
translation prepared under such licence to another country if:
(i) the recipients are individuals who are nationals of the Contracting
State granting the licence, or organizations grouping 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
recipients is without the object of commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the
Contracting State to allow the receipt, distribution or both and the
Director-General has been notified of such agreement by any one of the
governments which have concluded it.