5. Due provision shall be made at the national level to ensure:

(a) that the licence provides for just compensation that is consistent

with standards of royalties normally operating in the case of licenses

freely negotiated between persons in the two countries concerned; and

(b) 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.

6. Any licence granted by a Contracting State under this Article shall

terminate if a translation of the work in the same language with

substantially the same content as the edition in respect of which the

licence was granted is published in the said State by the owner of the

right of translation or with his authorization, at a price reasonably

related to that normally charged in the same State for comparable

works. Any copies already made before the licence is terminated may

continue to be distributed until their stock is exhausted.

7. For works which are composed mainly of illustrations a licence to

translate the text and to reproduce the illustrations may be granted

only if the conditions of Article Vquater are also fulfilled.

8. (a) A licence to translate a work protected under this Convention,

published in printed or analogous forms of reproduction, may also be

granted to a broadcasting organization having its headquarters in a

Contracting State to which Article Vbis (1) applies, upon an

application made in that State by the said organization under the

following conditions:

(i) the translation is made from a copy made and acquired in accordance

with the laws of the Contracting State;

(ii) the translation is for use only in broadcasts intended exclusively

for teaching or for the dissemination of the results of specialized

technical or scientific research to experts in a particular profession;

(iii) the translation is used exclusively for the purposes set out in

condition (ii), through broadcasts lawfully made which are intended for

recipients on the territory of the Contracting State, including

broadcasts made through the medium of sound or visual recordings

lawfully and exclusively made for the purpose of such broadcasts;

(iv) sound or visual recordings of the translation may be exchanged

only between broadcasting organizations having their headquarters in

the Contracting State granting the licence; and

(v) all uses made of the translation are without any commercial

purpose.

(b) Provided all of the criteria and conditions set out in subparagraph

(a) are met, a licence may also be granted to a broadcasting

organization to translate any text incorporated in an audio-visual

fixation which was itself prepared and published for the sole purpose

of being used in connexion with systematic instructional activities.

(c) Subject to sub-paragraphs (a) and (b), the other provisions of this

Article shall apply to the grant and exercise of the licence.

9. Subject to the provisions of this Article, any licence granted under

this Article shall be governed by the provisions of Article V, and

shall continue to be governed by the provisions of Article V and of

this Article, even after the seven-year period provided for in Article

V (2) has expired. However, after the said period has expired, the

licensee shall be free to request that the said licence be replaced by

a new licence governed exclusively by the provisions of Article V.

The Universal Copyright Convention (1988) · 第 14 / 36 题