1. Any Contracting State to which Article Vbis (1) applies may adopt
the following provisions:
(a) If, after the expiration of (i) the relevant period specified in
sub-paragraph (c) commencing from the date of first publication of a
particular edition of a literary, scientific or artistic work referred
to in paragraph 3, or (ii) any longer period determined by national
legislation of the State, copies of such edition have not been
distributed in that State to the general public or in connexion with
systematic instructional activities at a price reasonably related to
that normally charged in the State for comparable works, by the owner
of the right of reproduction or with his authorization, any national of
such State may obtain a non-exclusive licence from the competent
authority to publish such edition at that or a lower price for use in
connexion with systematic instructional activities. The licence may
only be granted if such national, in accordance with the procedure of
the State concerned, established either that he has requested, and been
denied, authorization by the proprietor of the right to publish such
work, 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 referred to
in sub-paragraph (d).
(b) A licence may also be granted on the same conditions if, for a
period of six months, no authorized copies of the edition in question
have been on sale in the State concerned to the general public or in
connexion with systematic instructional activities at a price
reasonably related to that normally charged in the State for comparable
works.
(c) The period referred to in sub-paragraph (a) 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.
(d) If the owner of the right of reproduction cannot be found, the
applicant for a licence shall send, by registered air mail, copies of
his application to the publisher whose name appears on the work and to
any national or regional information centre identified as such in a
notification deposited with the Director-General by the State in which
the publisher is believed to have his principal place of business. In
the absence of any such notification, he shall also send a copy to the
international copyright information centre established by the United
Nations Education, Scientific and Cultural Organization. The licence
shall not be granted before the expiration of a period of three months
from the date of dispatch of the copies of the application.
(e) Licenses obtainable after three years shall not be granted under
this Article:
(i) until a period of six months has elapsed from the date of the
request for permission referred to in sub-paragraph (a) or, if the
identity or address of the owner of the right of reproduction is
unknown, from the date of the dispatch of the copies of the application
for a licence referred to in sub-paragraph (d);
(ii) if any such distribution of copies of the edition as is mentioned
in sub-paragraph (a) has taken place during that period.
(f) The name of the author and the title of the particular edition of
the work shall be printed on all copies of the published reproduction.
The licence 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. The licence shall not be transferable by the
licensee.
(g) Due provision shall be made by domestic legislation to ensure an
accurate reproduction of the particular edition in question.
(h) A licence to reproduce and publish a translation of a work shall
not be granted under this Article in the following cases:
(i) where the translation was not published by the owner of the right
of translation or with his authorization;
(ii) where the translation is not in a language in general use in the
State with power to grant the licence.
2. The exceptions provided for in paragraph 1 are subject to the
following additional provisions:
(a) 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 to
which the said licence applies. If the edition bears the notice
specified in Article III (1), the copies shall bear the same notice.
(b) Due provision shall be made at the national level to ensure:
(i) that the licence provides for just compensation that is consistent
with standards of royalties normally operating in the case licenses
freely negotiated between persons in the two countries concerned; and
(ii) 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.
(c) Whenever copies of an edition of a work are distributed in the
Contracting State to the general public or in connexion with systematic
instructional activities, by the owner of the right of reproduction or
with his authorization, at a price reasonably related to that normally
charged in the State for comparable works, any licence granted under
this Article shall terminate if such edition is in the same language
and is substantially the same in content as the edition published under
the licence. Any copies already made before the licence is terminated
may continue to be distributed until their stock is exhausted.
(d) No licence shall be granted when the author has withdrawn from
circulation all copies of the edition in question.
3. (a) Subject to sub-paragraph (b), the literary, scientific or
artistic works to which this Article applies shall be limited to works
published in printed or analogous forms of reproduction.
(b) The provisions of this Article shall also apply to reproduction in
audio-visual form of lawfully made audio-visual fixations including any
protected works incorporated therein and to the translation of any
incorporated text into a language in general use in the State with
power to grant the licence; always provided that the audio-visual
fixations in question were prepared and published for the sole purpose
of being used in connexion with systematic instructional activities.