The Authors Guild v. Google, Inc.

Filing 77

AMICUS BRIEF, on behalf of Amicus Curiae International Authors Forum, FILED. Service date 04/14/2014 by CM/ECF. [1201761] [13-4829]--[Edited 04/16/2014 by KG]

13-4829-cv
United States Court of Appeals
for the

Second Circuit
THE AUTHORS GUILD, BETTY MILES, JIM BOUTON, JOSEPH
GOULDEN, individually and on behalf of all others similarly situated,
Plaintiffs-Appellants,
HERBERT MITGANG, DANIEL HOFFMAN, individually and on behalf of
all others similarly situated, PAUL DICKSON, THE MCGRAW-HILL
COMPANIES, INC., PEARSON EDUCATION, INC., SIMON & SCHUSTER,
INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., CANADIAN
STANDARD ASSOCIATION, JOHN WILEY & SONS, INC., individually
and on behalf of all others similarly situated,
Plaintiffs,
– v. –
GOOGLE, INC.
Defendant-Appellee.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
BRIEF OF AMICUS CURIAE INTERNATIONAL AUTHORS FORUM
IN SUPPORT OF APPELLANTS
DAVID B. SUNSHINE
Attorney for Amicus Curiae
277 Park Avenue
New York, New York 10172
[phone]

Rule 26.1 Disclosure Statement
The International Authors Forum (“IAF”) is a private company, limited by
guarantee, incorporated on April 19, 2013 under the United Kingdom Companies
Act 2006 with its registered office in England and Wales. IAF has no parent
corporation and no publicly held corporation owns 10% or more of its stock.

i

TABLE OF CONTENTS
Page
ARGUMENT .............................................................................................................2
I.

Introduction......................................................................................................3

II.

One work, not millions ....................................................................................3

III.

The purported benefits of the Library Project and Google Books ..................4
A.
B.

IV.

Generally ...............................................................................................4
Facilitating access by visually impaired persons ..................................5

The four factors of fair use ..............................................................................6
A.

Purpose and character of use .................................................................7

B.

Nature of copyright works.....................................................................7

C.

Amount and substantiality of portion used ...........................................9

D.

Effect of use upon potential market or value ......................................10

V.

Detriment to the author ..................................................................................11

VI.

Conclusion .....................................................................................................12

CERTIFICATE OF COMPLIANCE .......................................................................14
CERTIFICATE OF SERVICE ................................................................................15

ii

TABLE OF AUTHORITIES
Page(s)
Cases
Berman v. Parker,
348 US 26 (1954) .................................................................................................. 6
Campbell v. Acuff-Rose Music, Inc.,
510 U.S. 569 (1994) .............................................................................................. 9
Cartoon Network LP, LLLP v. CSC Holdings, Inc.,
536 F. 3d 121 (2d Cir. 2008) .............................................................................. 11
Harper & Row, Publishers, Inc. v. Nation Enterprises,
471 U.S. 539 (1985) (Brennan, J., dissenting) ...........................................8, 9, 10
Maxtone-Graham v. Burtchaell,
803 F.2d 1253 (2d Cir. 1986) ............................................................................... 9
New Era Publications Int’l. v. Carol Pub. Group,
904 F. 2d 152 (2d Cir. 1990) ................................................................................ 8
Ringgold v. Black Entertainment Television, Inc.,
126 F. 3d 70 (2d Cir. 1997) ................................................................................ 11
Statutes
17 U.S.C. § 106(1) ................................................................................................... 11
17 U. S. C. § 106 & 107 ............................................................................................. 3
17 U.S.C. §107 .....................................................................................................3, 10
17 U.S.C. §121(1) .................................................................................................. 5, 6
Other Authorities
Fed. R. App. P. 32(a)(5) ........................................................................................... 14
Fed. R. App. P. 32(a)(6) ........................................................................................... 14

iii

Fed. R. App. P. 32(a)(7)(B) ..................................................................................... 14
Fed. R. App. P. 32(a)(7)(B)(iii) ............................................................................... 14

iv

INTEREST OF AMICUS CURIAE1
The International Authors Forum (“IAF”) is a private company, limited by
guarantee, incorporated on April 19, 2013 under the United Kingdom Companies
Act 2006 with its registered office in England and Wales.
IAF is a worldwide forum for organizations dedicated to the protection and
advancement of authors’ rights. Its stated goals are to:


Provide authors’ organizations worldwide with an international
platform to exchange information, develop positions and provide
support in authors’ rights matters;



Advocate the author’s role in society, pointing out the importance of
creation for cultural diversity and the economic value which authors
create;



Promote and defend authors’ interests and authors’ rights including
both moral and economic rights;



Actively work in favor of balanced contractual legislation that
guarantees fair practices for authors and ensures that authors retain
their economic and moral rights against buyouts and other unfair
practices;



Promote the benefits of authors’ rights in general and of collective
management in particular in order to ensure that authors always
receive fair and equitable remuneration whenever their works are
exploited by third parties.

1

No party or party’s counsel has authored this brief in whole or in part, or contributed money that
was intended to fund preparing or submitting the brief. No person has contributed money that
was intended to fund preparing or submitting the brief, except that IAF paid the costs and
expenses involved in filing this brief.

As of March 2014, IAF had 28 member organizations from around the world
including countries in North America, Europe, Africa and Australasia. A list of
member organizations is set out at ADD-1.

IAF has also had interest in

membership and attendance at its meetings from organizations from countries in
Asia and South America.
IAF is a global organization representing authors and their interests. The
litigation between the Plaintiffs and the Defendant will define the rights of millions
of authors worldwide, many of whom will be members or affiliates of IAF’s
members. IAF has a significant interest in the outcome of the litigation.
This brief is supported by the International Federation of Reproduction
Rights Organisations (“IFRRO”).

IFRRO and its 143 member organizations

worldwide represent millions of authors and publishers, and work to increase the
lawful use of text- and image-based copyright works and to eliminate unauthorized
copying,

by

promoting

efficient

collective

rights

management

through

Reproduction Rights Organizations to complement authors’, publishers’ and other
right holders’ own activities. A letter confirming IFRRO’s support is attached at
ADD-2.
All parties have consented to the filing of this brief.

ARGUMENT
“The super adding of ingenuity to robbery does not make the operation
justifiable.” Lord Justice Bowen - Wenham Gas Co Ltd v Champion Gas Lamp Co
(1892) 9 RPC 49 at 56, English Court of Appeal.

2

I.

Introduction
IAF supports the Authors Guild’s (“AG”) appeal against the judgment of the

District Court where it granted Google’s motion for summary judgment on the
issue of fair use and dismissed AG’s motion for summary judgment.
II.

One work, not millions
The District Court erred by effectively treating the Library Project as a

single, collective entity, rather than individual books to be analyzed on their own.
Copyright protects a single work. Questions of infringement and with them
questions of fair use are wrapped up with that discrete unit.
17 U.S.C. §107 is expressed in terms of fair use of a copyrighted work. The
special cases exception under Article 9 of the Berne Convention requires that
“such reproduction does not conflict with a normal exploitation of the work and
does not unreasonably prejudice the legitimate interests of the author” (emphasis
added). Article 10(2) of the WIPO Copyright Treaty, provides that limitations or
exceptions to rights under the Berne Convention should be confined to special
cases that do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the author.”
Unless Google establishes that its acts are fair use in relation to each work,
then those acts infringe. See, e.g., 17 U. S. C. § 106 & 107.
That Google has aggregated numerous works together should not absolve it
from liability. Otherwise, where does it stop? Does infringement become fair use
when two works are taken? Three? Ten thousand? One million? Looking away
from Google for a moment, can it really be right that a prolific file-sharer would
have a better defense to copyright infringement than someone who shared one file
once? The answer should be no.
3

III.

The purported benefits of the Library Project and Google Books
A.

Generally

The District Court erred in considering the Library Project and Google
Books almost interchangeably. Moreover, it erred in not separating the infringing
works from the non-infringing works. The background to Google’s activities is set
out in the judgment of the District Court. In short, Google Books is a project to
digitize books and convert them into computer readable text via optical character
recognition technology. The computer-readable text is indexed to allow searching
via Google’s search engine. Content from the books is displayed in response to
keyword searches, subject to certain limitations as set out in the judgment. Google
Books comprises the Library Project, where the books supplied by partner
libraries, and the Partner Program, where books are supplied by rights holders with
their consent. The Library Project itself comprises both public domain works and
works subject to copyright protection.
When looking at the benefits of Google Books and the Library Project, the
District Court did not take into account the effect of removing in-copyright works
from the Library Project. If that occurred, Google Books and the public domain
Library Project would:
(1)

remain an essential research tool;

(2)

continue to make the process of interlibrary lending more efficient;

(3)

continue to facilitate finding and checking citations;

(4)

remain an important tool for researchers and librarians;

(5)

continue to permit humanities scholars to analysis massive amounts of
data;

4

(6)

continue to permit researchers to analyze word frequencies, syntactic
patterns and thematic markers to consider how literary style has
changed over time;

(7)

continue to expand access to books;

(8)

continue to facilitate the identification and access of materials for
remote and underfunded libraries;

(9)

continue to help the preservation of books; and

(10) continue to benefit authors and publishers who wish to use the service
and give their consent.
While true that the Library Project would have fewer books available, the
number would still run into the millions.
It cannot be right that Google can deprive the author of a single work of his
exclusive rights simply by pointing at a huge mass of works and saying essentially:
when compared to that substantial group of works , the individual work is not
significant; it is meta-data. On the contrary, the work is significant to the author.
It matters.
B.

Facilitating access by visually impaired persons

Nobody would deny that it is a commendable goal to ensure that visually
impaired people and those with print disabilities have access to books. Indeed
legislatures and governments around the world have made express provision for
making accessible copies available without infringing copyright.
The United States has made such provision at 17 U.S.C. §121(1). The
United States is also a signatory to the Marrakesh Treaty to Facilitate Access to
Published Works for Persons Who Are Blind, Visually Impaired or Otherwise

5

Print Disabled which contains similar provisions. There are 2 mandatory features
of the §121(1) limitation and like provisions under the Marrakesh Treaty:
(1)

The copies must be exclusively for use by blind or other persons with
disabilities;

(2)

The limitation applies only to an authorized entity, defined as “a nonprofit organization or governmental agency that has a primary mission
to provide specialized services relating to training, education, or
adaptive reading or information access needs of blind or other persons
with disabilities.”

Google’s use of the works at issue is not exclusively limited for use by blind
or other persons with disabilities. Google is not a non-profit organization or
government agency and its primary mission is not the mission required by and
described in the legislation.
When considering the fair use limitation, it is not appropriate to consider
factors where the legislature has already make adequate provision. Cf. Berman v.
Parker, 348 U.S. 26, 32 (1954) (“Subject to specific constitutional limitations,
when the legislature has spoken, the public interest has been declared in terms
well-nigh conclusive. In such cases the legislature, not the judiciary, is the main
guardian of the public needs to be served by social legislation.”). In doing so, the
District Court erred.
IV.

The four factors of fair use
When viewed from the perspective of a single work, the District Court’s

analysis is not sustainable.

6

A.

Purpose and character of use

A single book cannot be mined for useful data. It cannot be transformed into
anything other than an electronic format of itself.

The speed and power of

computers today makes a search index for a single book a waste of time and space.
When considering the purpose and character of use, the District Court’s error of
aggregating millions of works together is most conspicuous. The cumulative effect
of millions of infringements may create new information but each individual does
not. The question of fair use should not be judged by the audacity of the infringer.
Moreover, substantive research in the form of data mining and text analysis
does not require the entire corpus of the written word to be mined and analyzed.
The Partner Program and the public domain Library Project works number millions
of texts, all available for those purposes without infringing anybody’s copyright.
The character of the use should be assessed by looking at the use itself. If a
user of Google’s blog service were to scan, convert by optical character
recognition, and upload the text of book in copyright to his blog, the book would
become searchable and mineable and would accrue all the other attributes
associated with electronic publication. It would still unquestionably infringe the
rights holder’s copyright; it could not be characterized as fair use.
For those reasons, the District Court erred when it concluded that the first
fair use factor strongly favored a finding of fair use.
B.

Nature of copyright works

In its analysis of the nature of the copyright works, the District Court again
erred by starting its analysis from the point of view that those works could treated
as an amorphous mass. The nature of a copyright work depends upon the work
itself, not the company it keeps.
7

In the Judge’s analysis, he referred to the fact that the works are books. The
mere fact that a work is a book cannot be either for or against a finding of fair use.
It is entirely neutral.
The Judge also recognized a distinction between fiction and non-fiction
works. But that does not mean use of a non-fiction work is fair use, merely
because the work is non-fiction. See e.g., New Era Publications Int’l. v. Carol
Pub. Group, 904 F. 2d 152, 158 (2d Cir. 1990) (noting that “creation of a
nonfiction work, even a compilation of pure fact, entails originality” deserving of
copyright protection) (internal punctuation and quotation marks omitted) (citations
omitted).
The District Court also failed to analyze works of fiction and non-fiction
separately. Can it be right that a fiction author be denied his rights because the
infringer takes a mass of non-fiction at the same time? The answer must be no.
Moreover, the District Court did not analyze in any detail the distinction
between published and unpublished works. It may be correct that the distinction is
important in considering fair use. But merely because a work is published is not a
good enough reason by itself to say its appropriation is fair use. See Harper &
Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 597 (1985) (Brennan, J.,
dissenting) (disagreeing with majority’s reliance on prepublication-post publication
dichotomy and noting case law wherein the Court held that “the fair use inquiry
could never be resolved on the basis of such a “two dimensional” categorical
approach”). Otherwise, copyright would be defeated entirely; authors would not
bother to publish and the arts and sciences would be deprived of their contribution.

8

The effect of the District Court analysis can be summed up as follows: if a
work is a non-fiction book which has been published, there is a presumption
towards finding fair use. That cannot be justified on its face. See id. When fiction
or unpublished works are caught in the same net, merely by their proximity, the
conclusion is self-evidently wrong.
C.

Amount and substantiality of portion used

Under this heading, the District Court concluded that the factor weighed
slightly against a finding of fair use. The finding that the Library Project was
treated as a single, collective entity, rather than individual books to be analyzed on
their own, seriously understated the use that Google is making of the individual
works.
The District Court made that finding against the context of Google’s
necessary reproduction of the full work in order to offer full text search. The
District Court’s reasoning is flawed. The fact that something is necessary to an
infringement does not mean the infringement becomes fair use. Amount and
substantiality do not necessarily dictate a finding of fair use where the other fair
use factors militate against such a finding. See Maxtone-Graham v. Burtchaell,
803 F.2d 1253, 1263 (2d Cir. 1986) (“There are no absolute rules as to how much
of a copyrighted work may be copied and still be considered a fair use”).
Returning to the scenario of a file sharer, his activities do not become legitimate
simply because it is necessary to offer a whole work for download.
Google’s limit to the amount of text displayed in response to a search may
be a partial answer to the “amount” prong of the factor but not to the
“substantiality” prong. What is substantial imports a qualitative and quantitative
assessment that must be performed on a case-by-case basis. See, e.g. Campbell v.
9

Acuff-Rose Music, Inc., 510 U.S. 569, 586-589 (1994) (discussing how, when
evaluating the substantiality prong of the fair use test, “context is everything”).
The final chapter of the Harry Potter series might be said to be more substantial
than some other chapters. The face in a portrait painting might have more value
than a section of the background. These are points that can be analyzed only on a
case-by-case basis. Harper & Row, 471 U.S. at 559 (“Section 107 requires a caseby-case determination whether a particular use is fair”).
D.

Effect of use upon potential market or value

Once again, the District Court viewed the case through the incorrect lens.
When it held that a reasonable fact finder could only find that Google Books
enhances the sales of books to the benefit of copyright holders, he was considering
the mass of copyright works Google had misappropriated and not individual
works.
The reason the rights of a copyright holder are exclusive are to give him the
freedom of choice of how, when, and whether to exploit his or her work. See
Harper & Row, 471 U.S. at 554-55. If a copyright holder is satisfied that Google
Books is a good way to commercialize his work, then he has the right to enroll it
into the Partner Program. On the other hand, if he is not satisfied, he should have
the same right to choose not to participate. That some rights holders might find an
advantage is irrelevant since they can choose to join the Partner Program if they
choose.

One person’s rights should not be deprived so others can benefit,

especially when the beneficiaries can make that choice anyway. It is an entirely
unnecessary infringement.
In finding that the fourth factor weighed strongly in favor of fair use, the
District Court started from the wrong point and came to the wrong conclusion.
10

V.

Detriment to the author
An author is entitled to the benefits of his work.

The most obvious

economic benefit to an author of course comes from royalties on the sale of books.
See Ringgold v. Black Entertainment Television, Inc., 126 F. 3d 70, 73 (2d Cir.
1997) (“[E]xclusive rights normally give a copyright owner the right to seek
royalties from others who wish to use the copyrighted work.”) (citations omitted).
It should be up to the copyright owner how those rights are exploited. Google’s
use, coupled with the nebulous promise of increased sales from links, is something
that should be the owner’s choice.
The benefits do not end with book sales. A writer may be able to exploit his
work if a movie is based upon it for example.
In many cases, a writer can obtain an income stream from reproduction of
his work by others, an income stream that is expressly protected by the copyright
laws. See, e.g., Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F. 3d 121,
126 (2d Cir. 2008) (highlighting and discussing the copyright holder’s exclusive
right “to reproduce the copyrighted work in copies” under 17 U.S.C. § 106(1)).
The photocopying of substantial portions of a book requires the author’s
permission and he is entitled to withhold permission if he wishes to prevent that
kind of reproduction. See Id. On a practical level, an individual author would find
it difficult to enforce those rights on a global basis since he simply would not have
the resources to monitor, let alone police, every photocopier in the world.
Fortunately, in most countries, there are licensing arrangements that deal
with the issue.

Many of these arrangements are provided by, for example,

members of IAF and IFRRO. For modest license fees, an institution can reproduce

11

copyright works, within specified limits, without worrying about infringing
copyright. The license fees are then distributed to authors and publishers.
For many authors, these license fees are a crucial source of income. This
might be particularly true for writers of academic and educational works for whom
license income has been proven to be critical to the process of creating new
material. A user of that work might not be able to justify purchasing the whole
book. But under a licensing system the author can confidently use the sections in
which his interest lies without worrying about infringement.

The author and

publisher benefit, the user benefits, society benefits.
These licensing arrangements demonstrably provide a pragmatic balance
between the rights of copyright holders and society’s need to advance the arts and
sciences.
The Google Library Program has the potential to bypass these licensing
systems, causing considerable detriment to authors and publishers and, in turn,
reducing the pool of content available to users.
VI.

Conclusion
The District Court’s reasoning was flawed because it started from the wrong

point and erred in considering critical points in the analysis. Had it correctly
analyzed the factors from the correct starting point of looking at a single work, it
could only have concluded that the case in favor of infringement and against fair
use was overwhelming.
Ultimately, the issue comes down to this: an author asked about why he
wrote what he did may give many answers. He may say that it was a labor of love.
He may say that it was to make a living. He may say many things. But what he

12

will not say is that he wrote his book so it could be subsumed into a corporate
meta-database optimized for searching.
Talk of snippets and data-mining are sideshows to the real issue: Google’s
clever infringement scheme deprives authors and publishers of their rights. It
deprives them of income and exclusivity. It conflicts with the normal exploitation
of the books and unreasonably prejudice the legitimate interests of the authors.
The mere fact that Google’s infringement scheme is clever should not make
it permissible under the law.
Dated: April 14, 2014

Respectfully submitted,
s/ David B. Sunshine
David B. Sunshine
COZEN O’CONNOR
277 Park Avenue
New York, New York 10172
[phone]
Attorneys for Amicus Curiae
International Authors Forum

13

CERTIFICATE OF COMPLIANCE
This brief complies with the type-volume limitation of Fed. R. App. P.
32(a)(7)(B) because based on the word count of the word-processing system used
to prepare the brief (Microsoft Word), this brief contains 3,245 words, excluding
the part of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii).
This brief complies with the typeface requirements of Fed. R. App. P.
32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because this
brief has been prepared in a proportionally spaced typeface using Microsoft Word
in 14-point Times New Roman.
s/ David B. Sunshine
Attorneys for Amicus Curiae
International Authors Forum

14

CERTIFICATE OF SERVICE
I hereby certify that on April 14, 2014, I electronically filed the foregoing
with the Clerk of the Court for the United States Court of Appeals for the Second
Circuit by using the CM/ECF system. I certify that all participants in the case are
registered CM/ECF users and that service will be accomplished by the CM/ECF
system.
s/ David B. Sunshine
Attorneys for Amicus Curiae
International Authors Forum

LEGAL\18716220\2

15

ADDENDUM

IAF Members
Academic and Non-fiction Authors’ Association of South Africa (ANFASA), South Africa
American Society of Media Photographers, USA
Association of Swedish Illustrators and Graphic Designers, Sweden
Authors’ Licensing & Collecting Society Ltd, UK
BUS Visual Arts Copyright Society in Sweden
Design and Artists Copyright Society (DACS)
European Council of Literary Translators’ Associations (CEATL), Europe
Graphic Artists Guild, USA
Malawi Writers Union, Malawi
MISZJE, Hungarian Literary Collecting Society
Platform Makers, The Netherlands
Society of Authors, UK
The Authors Guild, USA
The Finnish Association of Non-fiction Writers
The Writers’ Union of Canada
Union des écrivaines et des écrivains québécois (UNEQ), Canada
National Writers Union, USA
Pictoright, The Netherlands
Authors Coalition of America, USA
Australian Society of Authors, Australia
Science Fiction and Fantasy Writers of America, USA
Text and Academic Authors Association, USA
Pyramide, Europe
Writers’ Guild of Great Britain, UK
Tanzania Writers Association, Tanzania
American Photographic Artists, Inc.
Initiative Urheberrecht, Germany
Artists Rights Society, USA

ADD-1

Mr Owen Atkinson
IAF Steering Committee
International Authors Forum
The Writers’ House
13 Haydon Street
London, EC3N 1DB
United Kingdom

Rue Joseph II, 9-13
B-1000 Brussels
Belgium
PRESIDENT

Rainer JUST
CHIEF EXECUTIVE & SECRETARY GENERAL

Olav STOKKMO

Brussels, 27 March 2014
IFRRO LETTER OF SUPPORT TO IAF’S AMICUS CURIAE BRIEF IN THE CASE THE AUTHORS
GUILD ET AL V. GOOGLE INC.
Dear Owen,
We refer to your letter of 25 March 2014 and are pleased to confirm herewith that, in the
case The Authors Guild vs. Google Inc., IFRRO supports the filing of an amicus curiae
brief by the International Authors Forum (IAF).
The International Federation of Reproduction Rights Organisations (IFRRO), based in
Brussels, and its 143 member organisations worldwide, representing millions of authors
and publishers, work to increase the lawful use of text- and image-based copyright works
and to eliminate unauthorised copying, by promoting efficient collective rights
management through Reproduction Rights Organisations (RROs) to complement authors’,
publishers’ and other rightholders’ own activities. IFRRO has no parent corporation and no
publicly held corporation owns 10% or more of its stock.
Yours sincerely,

Olav Stokkmo
Chief Executive and Secretary General

IFRRO AISBL • RPM Bruxelles N° D’ENTERPRISE 464622872
2 234 62 60 FAX [phone] EMAIL [e-mail]

PHONE +32

ADD-2

ifrro.org

Vol. IX., No.8.]

AND TRADE .MARK OASES.

49

The vVenham Gees Company, Ld. v. The Champion Gas Lamp Company.

IN THE COURT OF APPE.AL.

Before

LORDS JUSTICES LINDLEY, BOWEN, AND FRY.

November Gth and 7th, 1891.
THE WENHAM GAS COMPANY, LIMITED

5

v.

THE CHAMPION GAS LAMP

COMPANY.

Patent.-Action fm· infringement.-Combination.-Subordinate integers.. Infringement denied.-Alleged want of novelty.-Alleged ccnticipation.-Alleged
want of subject-matter.-Const?·uction of Specification.-Pith and marrow of
. invention taken. .
·
·
·
The owners of a patent fo1' an improved lamp brought an action fo1'
1:nj1ing_ement. The Plaintiffs. claimed in thei1· Specif!cation a combination and
subm·dmate pa1·ts. The Defendants dented mfnngement and alleged the
in validity of the patent on the g1'otcnds of want of novelty and of anticipation,
and also by amendment at the t1·ial, on the g1·ound that the invent~on was not
15 of such a me1'itorious character as to be patentable. Previmcsly to the date.of
the Plaintiffs' mvention 8. had published the impo1·tance of b1·inging heated air
to an incandescen~ flame, and of heating the gas befo1'8 it ?'cached the bu1·ne~·.
The1'8 we~·e diffm·ences between the Plaintiffs' lamp and that of the Defendants,
and the Plaintiffs had recently used a burner different f1•om that described in
20 their Specification, ccnd more like the Defendants' bu1·nm·.
.Held on the evidence .that the Defendants' lamp was not matm'iq,lly different
from the Plaintiffs', the diffm·ence between the two having not been put to the
witnesses, but only pointed vut by counsel in argument; secondly, that .no
anticipation was shown of the. whole combination• 01' the subordinctte pa1.·ts
25 claimed; thi1·dly, tlwt the Plaintiffs' combination, consisting of old ·and new
elements, was a combination a1·1·iving at an old1·estclt by new means, and wa.s
meritorious and useful. Judgment was givenjor the Pla1:ntijj's.
The Defendants appealed.
H~ld, that (1) the Plaintiffs' inventwn was ct method of bringing a supply of
30 heated a-i1· to a pm·ticular point, tlwmid,dle, of the flame, by which they obtained
an improved 1·esult, and in a secondct?'Y deg1·ee of the add'ition of a cooling
cu1'1·ent of cti1· round the lamp, and that the invention was good S1~bject-matte1•,
and .had not been anticipated; (2}'¥7wt the Defendants had taken the pith and
ma1'1'0W of the invention, it bein[t·inimccterial that they might hcwe made
35 imp1·ovem,ents.
.
·
'
Appeal dismissed with costs.'
On the 1st of July 1881 (a patent No. 2869 of 18R1) was granted to Fmnk
William Cla1·k for "Improvements in railway parriage, street, and other gas
lamps or. lanterns." The Specification was amended on the 14th of December
40 1886, and again on the 6th of February 1888, and as so amended stated as
follows (the recent amendments being shown in erased and italic type):
" This Invention relates to an impl'Cived construction of railway carriage, street
" and other gas lamps or lanterns where heated air is introduced in sufficient
" quantities to supply the flame or flameP so as to produce more perfect com45 " bustion than hitherto, the quantity of heated air introducecl being easily
" regulated according to the quality ancl quantity of the gas to be coriilmhed; ,by
" my improved construction of lamp, the gas to be burned is itself also heatild
" before it reaches the point of ignition. A suitable arrangement for carryiJlg
" out my invention is as follows :-The lamp or lantem body is formed of, a
50 " suitable case to which X adapt two concentric tubes of suitable section with a
"space.b'lJI.ween them ;the. inner tube. which forms the' chimney for carrying
..
" off jib,~oducts of combustion extends above and below (or only above) the
" outcf tube, which serves for the inlet of the air into chambers ·foi·mecl by the
. .
H

ADD-3

50

REPORTS OF PATENT, DESIGN,

[Feb. 24, 1892.

The Wenham Gas Company, Ld. v .. The Champion Gas Lamp Company.
" body of the lamp and the hereinbefore described tubes, ·and suitably closed;
" from these chambers the air previously heated in its passage between the
" two tubes and case or body is conveyed to the gas burner or burners or gas
" flame or flames, the said hot air passing either outside or inside the gas flame
" or flames as required. The g·as is supplied to the burner or burners by a
" coiled pipe within the said chamber or between the two tubes so that the gas
" also becomes heated in its passage thl'Ough the coil to the burner or
"burners. Instead of the arrangement hereinbefore described it will be
" evident that the inner tube may be arranged to serve for the air inlet and
"the space between the two tubes for the chimney. .
" The action of the improved lamp is as follows : ."The gas entering
" through the inlet pipe t, passes into the coil 1<, and thence to the burner
" by the pipe w; upon the gas being ignited a draught is formed in the
" chimney, and the air will enter the lamp through the inlets k, ancl j,
" and will pass into the chambers/, and h ; the air which passes through the
" chamber/, becomes heated in its passage and passes in the heated state to
" the flame through the ·tubes x, x; the air from the chamber h, passes
" through the opening y, and ronnel the glass b, and under the reflector g, and
" serves to keep the glass b, and reflector g, from becoming too hot, the said
" air itself thereby becoming warmed before it reaches the flame. From this
" construction and arrangement of lamp it will be understo~d that the gas
" before it reaches the burner will be heated by passing through the coil in the
" hot air chamber j, and the air for· the combustion being also heated, a more
" economical light will be obtained. In cases where it is required to enrich
" the gas before it passes to the burner, it may be caused to pass through a
" suitable carburetter, conveniently placed in the hot air chamber f. In figures
" 5 and 6 of the drawing I have shown the arrangement of lamp I prefer to
" adopt when the inner concentric tube serves for the air inlet, a lamp of this
" construction being specially suited for use as a street lamp. a, is the lamp
" body; b, the glass ; c, the cover ; d and e, the concentric tubes ; g, the
" reflector ; h, the chamber formed by the lamp body a, and the outer tube e ;
" i, cover to same; f, f, air inlets ; k, k, the air inlets in the outer tube c ; u, is
" the gas supply pipe which I use in this arrangement instead of -a coil as
" hereinbefore described ; between the inner tube d, and the gas pipe n, I
" provide an additional pipe d', the space between the two tubes forming the
" chimney, and the space between the tube d', ancl the gas pipe u,, forming the
" heated air chamber corresponding with the chamber/, in the arrangement
"hereinbefore described, and shown in,, Figures 1 to 4. In this arrangement
" a ring, or' fiR-a¥g!Mlc4--eF-eth€l'-sffitable-l:mBHll'-e¥-l:Htffie¥s-v, circulcw bu1ry~M·
"of the kind shown in the drawing and marked v, may be employed ; e', is an
" earthenware or metal continuation of the t,ube d', such tube e', being per" forated if found desirable for causing a portion of the heated air to be more
" equally supplied to the interior surface of the flame. The action of this lamp
" will be· understoocl without further description it being substantially the
" same as that of the lamp' hereinbefore described and shewn in Figures 1 to 4.
" The arrows shew the direction of the passage of the air which as will be ·seen
" by the arrows is supplied in a heated state to the interior surface of the flame.
" If the gas is to be carburetted the supply pipe u, passes through a carburetter
" placed in any convenient position. In cases where· it is not required to
" carburet and heat the gas before burning, the gas may be supplied from below
" instead of from above as hereinbefore describecl and shewn. Having thus
" described my said invention and the best means with which I am acquainterl
" for carrying the same into effect I would have it unclerstood that I do not
" confine myself to the precise details herein !aiel down and shewn in the
" Drawing as the same may be varied without departing from the peculiar
" character of my invention but what I clo claim is :-'Firstly. The general
" arrangement and construction of the improved lamp hereinbefore described
" and represented in Figures 1 to 4 of the accompanying Drawing. Secondly.
" 'rhe modified construction of lamp hereinbefore described and representecl in

ADD-4

5

10

1~

20

25

30

35

40

45

50

5~

AND TRADE MARR:. CASES.

5t

The 1Venhcun Gas Company, Ld. v. The. Champion Gas Lamp Company.

;'

" Figures 5 and 6 of the accompanying Drawing. 1'hirdly. The method of
" supplying heated air to the inner surface of the flame by causing such air to
" pass through the chimney in its passage to the flame substantially as herein" before described and represented in Figures 5, and 6, of the accompanying
5 "Drawing. Fourthly. The employment of the perforated continuation e1 from
" the chimney for distributing the heated air over the interioi· surface of the
" flame as hereinbefore de~cribed and represented in Figure 5, of the accom" parrying Drawing."
This patent was assigned to The TVenham Gas Company, Limited.
10
On the 4th of October, 1890, the Wenham Company, commenced an action
against The Champion Gas Lamp Company and JJfessrs. 'l'odtenhanpt and Co.
for infringement of this patent, claiming the usual relief. The Particulars
of the Breaches complained of by the· Plaintiffs were that the Defendants
had infringed by using or applying in or to gas lamps or lanterns certain
mechanism or arrangements the same, or substantially the same, as the
mechanism or arrangements described in the Plaintiffs' amended Specification
and claimed in the 2nd, 3rd, and 4th claiming clauses thereof, and the Plaintiffs complained of a gas lamp sold by the Defenclants at their works on the
3rd of October, 1890, to Messn. Wentworth and Co. and invoiced as" 1 Lamp,
No. 3, Granite."
· .1'he Defendants denied infringement and alternatiYely they said that if,
according to the true construction of the Plaintiffs' Specification, the lamp
complained of by the Plaintiffs was an infringement (which they denied) the
Plaintiffs' patent was invalid on the grounds stated in the Particulars of
Objections. By their Particulars they relied on the following objections to
validity: 1. That the alleged invention was not new.. Before the date of the
Plaintiffs' patent regenerative gas lighting, -i.e., heating the gas to be consumed
and t,he air to support the combustion on their way to the burner by the escaping
products of combustion, and leading the heated air to the upper or inner surface
30 of the flames through perforations or otherwise, was generally and commonly
known and practised. 2. That the alleged invention was previously published.
(a) In vol. 35, p. 60, of the Journal of Gas Li,qhting, Water Supply, and
Sanita1·y Improvement, published 13th of January, 1880, in an article " On
Regenerative Gas Lighting by Herr F. Siemens. (b) In vol. 33, p. 3, of the
35 English Mechanic and Wm·ld of Sci9nce, published 11th of March, 1~81, in an
article entitled" The Hygienic Lamp:" ''(c) In'the Specificatipn of Frederick
Siemens, No. 2231 of 1879, p. 4, line 4, to p: 6, line 18, and in the 1st, 2nd, and 3rd
claiming clauses thereof and in the drawings referred to in the said portions of
the said Specification and the said Claiming clauses. (d) In the Specification of
40 Richa1·d Arckibald B1·ooman, No. 1712 Of 1856. (e) In the Specification of
G. J. Pwfitt, No. 1244 of 1859, p. 3, lines 17 to 22, p. 4, line 17 to line 22, and
p. 5, line 12 to line 14, and Fig. 1. (f) In the Provisional Specification of
J. F. Wr-ight and G. E. Wri,qltt, No. 4857 Of 1879.
The action was heard wlth ·wunesses before Mr. Justice Williams who held
45 that the Defendants had infrmged and that the patent was valid.*
'rbe Defendants appealed.
Sir Richa1'd Webstm·, A. G., Aston, Q.C., Moulton, Q.C., and Lawson (instructed
by J. H. Johnson, S~n, and EU-is) appeared for the Plaintiffs; MaTton Daniel
and C. E. Jenkins (instructed by F. S. Pm·lcs) for the Defendants, the Appellants.
50
Daniel and Jenkins for the Appellants.
The Defendants dispute the novelty of the Plaintiffs' alleged invention and
they submit there is no infringement. The burner of the Defendants is not
the same as the Plaintiffs'. It is admitted that the Plaintiffs' patent is merely
for a combination ; the Defendants have substantially a different combination,
55 and the part which both have in common, i.e., regeneration is not new. The
Defendants have done away with the large chamber; they have an enlarged:
gas tube before the burner ; this has recently been copied by the Plaintiffs. The
• See Report$ R. P.

ADD-5

6., 313.

52

REPORTS OF PATENT, DESIGN,

[Feb. 24, i892.

The lVenham Gas Company, Ld. v. The Champion Gas Lct1np Company.
Defendants have not the extension e1 of the Plaintiffs, and ihat is imperfectly
described in their Specification. Claim 2 of the Plaintiffs is anticipated by Siemens.
Claim 1 is for the particular lamp described, the essential features of which
according to Sir F. Bramwell's evidence, are (1) the introduction of the heatecl
. air to the inner surface of the flame ; (2) the introduction of the cooling current 5
of air, but this latter is not claimed and the Specification is insufficient. Foxwell
v. Bostock, 4 De G. J. ancl S. 298. 'rhe inventor ought to have distinguished the
combination from what had gone before. [Aston, Q.C.·-There is no plea of insufficiency. J Daniel then· applied to be allowed to adduce fresh evidence on the
ground that the Defendants were taken by surprise at the trial by the construction 10
put on the Specification by the Plaintiffs.
The application was refused.
Daniel.-The third claim which is for applying the hot air to the upper surface
of the flame is merely an analogous application and is not subject matter of a
patent : for Siemens had told the world how to bring down the heated air to the 15
flame, and to bl'ing it to a pm·ticular part as the Plaintiffs have done is not subject
matter of invsntion.
Sil· R. Webster, A. G., for the Respondents, maintained that the decision of J\IIr.
Justice Williams was right.
LINDLEY, L.J.-This is an appeal from the decision of Mr ..Justice Williams in 20
an action brought by patentees for the infringement of a patent relating to lamps.
The usual points are raised by way of defence, with one exception, which I notice,
as I think it is important to bear it in mind : that there is no plea, or particular of
objection, on the ground of insufficient specification. That gets rid of a good deal
of discussion which might possibly ha.ve arisen. Apart from that the main con- 25
troversy is that the patent is bad, and that there is no infringement. Now, as to
whether the patent is bad.either from want of novelty or utility, or from want of
subject-matter we must ascertain as far as we can what was known at the time
the patent was taken out, and in particular our attention has been drawn, and
very properly, to Siemens' inventions. The particular patent with which we are 30
dealing is ()lark's patent, which I shall have occasion to comment upon presently.
'It was taken out in December 1881; it was amended in. 1888, and it is for" Improvements in railway carriage, street, and other gas lamps, or lanterns." J\IIr.
Siemens had discovered the importance of having heated air brought to an incandescent flame, arid also the iJ:!lportance of heating the gas before it reached the 35
burner, and in his invention he described a method of accomplishing those .
objects. He showed the advantages of it, and he showed how to do it, and ho
brought the feeding current of heated (tir through the chimney in the way
described in his letterpress and in the di'a\vings. That idea is seized upon, or
adopted, naturally, by the Plaintiff, who is a later inventor-a very valuable idea, 40
because it seems obvious, now that we know all about it, that it was a very
important and a very valuable suggestion. Siemens' mind was addressed to that
which I have mentioned-the importance of burning gas·by bringing a hot air
current to the flame, and by heating the gas before it reached the burner. That
is what his mind was upon; his mind >Vas not on the particular method of 45
bringing hot air to any particular shaped flame; that was not what he wail about
at all. Clcwk's mind was just the other way. His mind was addressed to
the particular method of bringing a supply of heated air to particular places on
the flame, His is a step in advance of Siemens'; he takes Siemens' as far as it
goes, and modifies that, anrl produces a new and very valuable result--a bl'ighter 50
flame and a much better result. 'rhe hot air current which feeds the flame in
Siemens' case is not brought down next to the gas pipe, but at a distance from it.
It is the ascending current in Siemens' case which. makes .the gas cunent. In
Clw·lc's patent it is just the other way. He so arranges his concentric ring, or
machinery, O!' tubes, as to bring his hot current clown to the middle of 55
the pm'ticular kind of flame which he selects for the purpose of his lamp. In
addition. to this Cla·rlc has availed himself of what Siemens did not, that I
!mow of, that is the cooling current which kept the temperature of the glass
down, and prevented cracking, and so on.

ADD-6

Vol.

nt., No. 11.]

A:ND 'l'RAb:E M:Anrr CASES.

53

1'he Wenham Gets Company, Lcl. v. 1'1ui Chcw~pion Gas Lamp Company.
Now, that being the state of things, and that being, .in a few words, the ideas,
and the difference between the ideas which Clw·/c had, anrl which 8wmens
had, we must look at what Clctrlc has told us.
He has told us in his
Amended Specification, which: is the one with which I will deal (and I will
5 only refer to those partg which have been commented upon, and in particular I
will refer to the dra.wing, because that is common knowledge ; and in >tny
observations I may make I shall take the enlargecl ell-awing of Fig. 5, which has
been so much commentecl upon), he says-after describing generally the mode in
which he arranges his tubes and apparatus for proclucing the desired result :10 "In this arrangement a ring or circubr burner of the kind shewn in the
" drawing, and marked v, may be ,employed ; e 1 is an earthenware or metal
".continuation of the tube ell, such tube, e', being perforated if found desirable
'~ for causing a portion of the heated air to be more equally supplied to the
" interior surface of the flame."
.15 Now, when you look at the Specification, and the enlarged drawing Fig. 5,
·and notice the arrows which are inserted above the burner B, it is quito obvious
that the bottom of his supply tube must be perforatecl ; otherwise these arrows
are of no use at all; and if yon minutely examine the drawings or that tube, of
the bottom of it, you will see that what is meant is that there should be a plate
20 through which air can'pass. 'l'he perforations ara not shewn as perforations,
hut the arrows make it pm·fectly plain to anybody who applies his eyes fo it
that what is meant is a perforated plate.
Now, his description says that in addition to that which is obvious enough
from the drawing itself the tube itself may he perforatecl if it is found desirable.
· 25 The drawing does not show any perforations in that tube, nor are they in all
cases, as I understand, esser:tial ; but if th~y are desirable they may be used.
Now, before passing to the claims, I will call attention to the burner B, and
look at it with reference to the object of this invention, and see what it shows.
It shows, as Mr. Daniel has pointed out, a burner equal to, or possibly a little
30 exceeding in size, the bottom of the tube. There is nothing to show that that
was essential-I do not know whether it was or not. Tlien there are nipples
shewn coming out of that ·bnrne.r. Now, those nipples, if you take into
consideration what is told yon in the Specification, · are to ILY mind
important. They show that the jets of gas which form the flame' when it is
3!i lighted are to come out of the burner in a horizontal dir<Jction. What is to
become of them-w1lether they \t.S)!UJP,e a saucer shape or a cup shape is not
shewn~can be ascertained direcHy by experiment; but one cannot read this
Specification and miss the leading id!lit,,which is that the hot-feeding current is
to. come upon . the top, or th<;l, },nifl.dle of the ring of horizontal jets. The
40 arrangement of jets is important-;whether the jets be saucer or stalk is
unimportant: what is important is that they shall be arranged in the form of a
ring ; so that they start by being h01·izontal ; and the air is to come into the
middle of that. arrangement--that is the essential part ; and I think that can be
gathered perfectly obviously by anybody who studies the Specification and the
45 drawings.
.
·
With these observations I pass to the claim : It says " First. The general
" arrangement and construction of the improved lamp hereinbefore described,
" and represented in Figs.l to 4," which I pass over as they have not been much
" commented upon. "Secondly. The modified construction of lamp hereinbefore
50 " described and represented in Figs. 5 and 6 of the accompanying drawing."
That is to say, he claims there the whole of his combination ; he claims that
particular method of supplying hot air to a ring of horizontal jets ; and in that
part he claims it in combination with. the, cooling cmrent which has also been
described. 'l']lerefore that is the combination ; and if it had stood there alone,
55 possibly thcu·e might luwe been a difficult question whether he could have supported any such claim as he has set forward in the third passage which I will
allude to presently. If that cooling current had been left' out there would have
been a very difficult question about that. , He guards against that, and anticipates
that difficulty by claiming" 'l'hirclly : The method of supplying heated air to the

ADD-7

54

R:mPOR'l'S OF PATENT, DEStGN,

[I<'eb.

24, 1892.

'L'lw Wenham Gas Compcmy, Lcl. v. Tlw Champion Gas Lamp Company.
~---------

----------------------------------- - -

inner surface of the flmne by causing such air to pass through the chimney in its
passage to the flame, substantially as hereinbefore described, anclrepresented in
Figs. 5 and 6 of the accompanying dmwing." Now in that he claims (and I
think the Attorney GeneJY(l has successfully maintained that he was perfectly
ju~tified and right in doing it) this particular method of supplying heated air to 5
the inner surface of the flame by causing it to pass through the chimney to the
flame substantially as described and represented in Figs. 5 and 6; that is to say,
he says: "Whether you take my cooling current or not, mind you, I claim this
particular method of supplying heated air to this particular kind of flame as
10
described in my Specification."
Now what is the objection raised to it? The objection raised to it is that that
makes the patent bad, having regard to what was known before, and having regard
to what Siemens had disclosed. It is put by Mr. Jenkins, in his very admirable argument, on the ground that this is not the subject-matter of a patent; that
it is merely an·analogous use of an old arrangement pointed out by Siemens. He 15
says Siemens told you how to bring heated air clown to the flame, and whether
you bring it clown to one side of the flame or the other is immaterial, it is not
subject-matter for a patent, and there is no invention anywhere. The answer to
that is to he found in contrasting the two arrangements. The Plaintiffs' patent
is different, and vitally different, from Siemens', ancl is addressed to a totally 20
different object; and there is that amount of utility and invention which renders
it quite beside. the fish plate case of Hanooocl v. 'l'he G1·eat Nrn·thm·n Railway
Company, 11 H.L.C., ·G54. '!'here is shown to be, here, invention. You can get
it out yourself, almost, without the evidence ; but when you look at it with the
evidence the conclusion is clear and strong that this gentleman has hit upon 25
something, which something is a distinct advance over Siemens'·lamp, although
but for Siemens' previous discoveries possibly this gentleman woulcl not have
been in a position to invent this lamp at all. We have had a great deal of
comment aml criticism upon this thinl elaim. I do not think it is difficult to
constl'ue. It is our duty to apply our minds to this patent with lt view to under- 30
stand it. It is nothing to us judicially whether the result of that is to make the
patent good or bacl. The thing is to understand what is meant; and applying
my mind to see what is meant, I think the meaning of it is tolerably plain. It
is the method of supplying heated air to the inner surface of the flame. Now a
great deal of cl'iticism was aclclressecl to us about the inner surface of the flame, 35
but when you come to think it out it appears to me that with regard to what is
called here the inner surface of the flame, and what is called_ in other parts of the
Specification the interior part of the flame, it)s obvious what is meant; it is that
part of the flame which is presented to the feeding current of heated air. If the
flame was horizontal, that would be the upper one, and there would be no differ- 40
ence between inner and upper. Whether you could arrange the thing so as not
to have it horizontal, but vertical, I do not know, but even if you can there is no
question about it in my mind, and no ambiguity. It is not the inside of each
particular jet that is meant ; it is not that part of the nnburnt gas which is within
the conical chamber at the centre of the flame that is meant. What is meant is 45
what I have mentioned; and that, I think, is tolerably obvious to anybody who
will address his mind to the matter with the view to understand it.
Then there is a great deal of comment about the construction adopted by the
Plaintiffs, passing over anclre_ndering in operative the next words : "by causing
"such air to pass through the chimney in its passage to the flame," and so on. I 50
think the answer to Mr. ~Morton Daniel's argument upon that is that his argument
omits the substance of this "as hereinbefore desm·ibed and represented in Figs.
" 5 anll 6!' What is claimed here is this : "'l'he particular method of supplying
" a hot air current to the flame, as described and mentioned in my Specification;"
and one method of doing that is by passing it through the chimney as Siemens 55
did. That is a perfectly justifiable claim, and a good claim, and is perfectly goocl
subject-matter, treating it as what has been called a subordinate integer of the
general combination. Then" Fourt.hly: 'l'he employment of the perforated eon" tinuation e1 from the chimney for clistrilmting the heated air over the interior

ADD-8

Vol. IX., No.8.]

AND TRADE MARK CASES.

55

The TVenham fJas Company, Ld. v. T!te Cltwnp'ion Gas Lamp Company.

5

10

Ill

· 20

30

i15

40

45

50

55

" surface of the flame, as hereinbefore described, and representecl in Figure 5 of
" the accompanying drawing." There are two ways of reading that; one way is
to read it as a claim to the use or employment of a perforated continuation of a
tube for the purpose of distributing the hot air over the interior surface of the
flame. Mr. M01·ton Daniel imd Mr. Jenlc,;ns asked us to reacl it in that way, and
then to say that if you read it as a substantive claim in tlmt way it is bad from
want of invention. My aPswer tu that is, l do not know that. How cim I
judicially holc1 that? I cannot clo so. There is no evidence to support such an
inference, and I cannot, with common knowledge of common events of the wol'ld,
come to any such conclusion. 't'he second answer, and the better answer, to my
mind, is,-that is not the true construction of the claim. I think the true construction of the fourth claim is pointing out the importance of the p6rforated
tube in claim 3-a repetition in fact of claim 3-I do not think it is anything
more. If so it does not vitiat.e the patent. It may be open to the criticism that
it is redundant; but if it is nothing more than pointing out what is a valuable
operation, and what has been claimed in clause 3 it dpes not therefore vitiate
the patent.
Now, having noticed the Specification, ancl having noticed lhe objections to it.,
it appears to me that this patent is a perfectly good patent., and that there is
nothing the matter with it..
Then comes the question whether the Defendants have infringed it. In considering whether they have infringed it we must fall back and ascertain what is
the real invention, because unless we get hold of that we may be misled by
variations and differences which, having regard to the nature of the invention,
may be somewhat immaterial and unimportant. Now, let us consider what the
differences are ; let us consider their importance and bearing on the real nature
of the invention: The two important diff0.rences between the Plaintiffs' lamp
and the Defendants' are these : first of all there is a difference in the outside
chamber. In the Plaintiffs' lamp there is a vertical division which divides that
chamber into two; and in tho Defendants' there is only one chamber. That is
one difference. Now, is that a material, or an immaterial difference? What
bearing has that upon that which is tho essence of the Plaintiffs' invention ? To
my mind, none at all; it does not touch it, it is outside it. It is outside it in
position ; and it is not until you get past that that yon come to the really
important part of the Plaintiffs' in~ention. Another point of difference is the
burner. The Defendants do not use such a burner as is described, or shewn, or
rlelineated in Figure 5, that is to say, they do not shew a burner with projecting
nipples or nozzles.. They have a ~Wf!<ller burner, and, I claresay, a better burnerthat is very likely; but here again,' alth,ough the difference may be of importance,
the question is whether they have not got the leading iclea which the Plaintiffs
have patented. I say"Yes ;" theleaclingideawas to have such a burner as that
the current of hot air feeding the burner woulrl come clown through the middle
of it, and fall upon the jets as they projected from a ring. 'fhey have got that,
anrl that is the pith. It appears to me therefore that even in that respect they
have infringed the Plaintiffs' patent. Before passing from that I would observe
that this particular point does not appear to hctve been-I do not say allucled to,
because it was alluded to, but it does not appear to have been fought out at all,
so far as the witnesses are concerned-certainly it was not proved in evidence
that the1•e was any distinction in principle between the Defendants' improved
smaller burner anrl the Plaintiffs' larger one. I need not refer to case's to shew
that an improvement may be an infringement if the Defendants have, as I think
they have here, taken that which differentiates the Plaintiffs' patent from
8iemens'-if they have taken the substance of that, which they have from first
to last, I think they have infringed this patent, although they have made trifling
variations.
In my opinion the decision of the Cotut below was right, and the appeal must
be dismissed with costs.
BOWEN, L.J.-1 am entirely of the same opinion, and I shall only adrl a very
few words,

ADD-9

56

REPORTS OF PATENT, DESIGN,

[Feb. 24, 1892.

The T'Venham Gas Company, Ld.. v. The Champion Gas Lamp Company.
This is an action for infringement of a combination. We have therefore to·
ask ourselves in the first place, what is the real invention of which the combination consists, and wl)at is the pith and marrow of it. Having discovered that,
as described in the Specification, we must ask ourselves whether it is properly
describecl-neither ambiguously nor too largely; but having discuse:ed those two 5
important points, the firLc'll question we shall have to ask ourselves is whether
.there has been an infringement ?
Now the real invention of which this combination consists has been explained
by my brother Lindley, to my mind, in such a way as renders it impossible to
add to it, or to better it. I will only say that it seems to me to consist princi- 10
pally of the hot feeding current being brought down to the middle of the
horizontal circular Harne, and in a secoml degree of the addition in the combination of the cooling current rouml the lamp. Now, are those properly described?
It cannot he denied that the secoml claim points out the combination hy reference
to the description and the figures in a way that really includes the description 15
of what is the point of that invention ; and with regard to tho third claim, to
my mind it really. is explained in the way in which the Attm·ney-Genet•al has
explained it, as being a condescension hy the patentee upon the particular point
of the application of heated air to the inner surface of the flame, as that which
he considers, himself, so much the pith and essence of his invention that even 20
if you were to leave out the cooling current, and to take that you would be
taking what was his. With regard to the fourth claim I will add nothing to
what the learned Lord Justice has said.
Now that being the essence of the invention, and there being no real objection
to the way in which it is claimed under the third and fourth heads, what have 25
we to consider ? Why, whether the pith and marrow of the invention is taken,
and if the pith and marrow of tho invention is taken it is no excuse to say that
.you have added something, or omitted something, even if" the addition or
omission he useful ancl valuable. 'l'he supemdcling of ingenuity to a robbery
does not make the operation justifiable. The fact that that new lamp, which is 30
the result of having taken the invention of another person, is an improvement
upon that other person's idea does not excuse the person who borrows what is
not his. ·We have therefore simply to consider ~vhether the differences that
have been made in the Defendants' lamp, in comparison with the Plaintiffs' are
such as to prevent the pith and marrow of the invention from having been 35
taken. That appears to me to he tho point of the case, in accordance with all
the authorities, and when you once see that that is what you have to decide,
and see that the Defendants have taken the very point of the invention_:and
not only what I think is the very point of the invention, but what in the third '
claim is 'indicated as the very point of the invention, the differences hy which it 40
is sought to excuse the infring·ement, seem to me, not to make it the less an
infringement.
KAY, L.J.-I do not think I can usefully acld anything to what the Lords
J nstices have said. I entirely agree with them, and for the reasons they have
given, micl I think the appeal must be clismis.~ed with costs.
45

ADD-10

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired, or Otherwise Print Disabled *

CONTENTS
Preamble
Article 1:

Relation to Other Conventions and Treaties

Article 2:

Definitions

Article 3:

Beneficiary Persons

Article 4:

National Law Limitations and Exceptions Regarding Accessible Format Copies

Article 5:

Cross-Border Exchange of Accessible Format Copies

Article 6:

Importation of Accessible Format Copies

Article 7:

Obligations Concerning Technological Measures

Article 8:

Respect for Privacy

Article 9:

Cooperation to Facilitate Cross-Border Exchange

Article 10: General Principles on Implementation
Article 11: General Obligations on Limitations and Exceptions
Article 12: Other Limitations and Exceptions
Article 13: Assembly
Article 14: International Bureau
Article 15: Eligibility for Becoming Party to the Treaty
Article 16: Rights and Obligations Under the Treaty
Article 17: Signature of the Treaty
Article 18: Entry into Force of the Treaty
Article 19: Effective Date of Becoming Party to the Treaty
Article 20: Denunciation of the Treaty
Article 21: Languages of the Treaty
Article 22: Depositary
*

This Treaty was adopted by the Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published
Works by Visually Impaired Persons and Persons with Print Disabilities on June 27, 2013.

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page 2

Preamble
The Contracting Parties,
Recalling the principles of non-discrimination, equal opportunity, accessibility and full and
effective participation and inclusion in society, proclaimed in the Universal Declaration of Human
Rights and the United Nations Convention on the Rights of Persons with Disabilities,
Mindful of the challenges that are prejudicial to the complete development of persons with visual
impairments or with other print disabilities, which limit their freedom of expression, including the
freedom to seek, receive and impart information and ideas of all kinds on an equal basis with
others, including through all forms of communication of their choice, their enjoyment of the right
to education, and the opportunity to conduct research,
Emphasizing the importance of copyright protection as an incentive and reward for literary and
artistic creations and of enhancing opportunities for everyone, including persons with visual
impairments or with other print disabilities, to participate in the cultural life of the community, to
enjoy the arts and to share scientific progress and its benefits,
Aware of the barriers of persons with visual impairments or with other print disabilities to access
published works in achieving equal opportunities in society, and the need to both expand the
number of works in accessible formats and to improve the circulation of such works,
Taking into account that the majority of persons with visual impairments or with other print
disabilities live in developing and least-developed countries,
Recognizing that, despite the differences in national copyright laws, the positive impact of new
information and communication technologies on the lives of persons with visual impairments or
with other print disabilities may be reinforced by an enhanced legal framework at the
international level,
Recognizing that many Member States have established limitations and exceptions in their
national copyright laws for persons with visual impairments or with other print disabilities, yet
there is a continuing shortage of available works in accessible format copies for such persons,
and that considerable resources are required for their effort of making works accessible to these
persons, and that the lack of possibilities of cross-border exchange of accessible format copies
has necessitated duplication of these efforts,
Recognizing both the importance of rightholders’ role in making their works accessible to
persons with visual impairments or with other print disabilities and the importance of appropriate
limitations and exceptions to make works accessible to these persons, particularly when the
market is unable to provide such access,
Recognizing the need to maintain a balance between the effective protection of the rights of
authors and the larger public interest, particularly education, research and access to
information, and that such a balance must facilitate effective and timely access to works for the
benefit of persons with visual impairments or with other print disabilities,
Reaffirming the obligations of Contracting Parties under the existing international treaties on the
protection of copyright and the importance and flexibility of the three-step test for limitations and
exceptions established in Article 9(2) of the Berne Convention for the Protection of Literary and
Artistic Works and other international instruments,

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Recalling the importance of the Development Agenda recommendations, adopted in 2007 by
the General Assembly of the World Intellectual Property Organization (WIPO), which aim to
ensure that development considerations form an integral part of the Organization’s work,
Recognizing the importance of the international copyright system and desiring to harmonize
limitations and exceptions with a view to facilitating access to and use of works by persons with
visual impairments or with other print disabilities,
Have agreed as follows:
Article 1
Relation to Other Conventions and Treaties
Nothing in this Treaty shall derogate from any obligations that Contracting Parties have to each
other under any other treaties, nor shall it prejudice any rights that a Contracting Party has
under any other treaties.

Article 2
Definitions
For the purposes of this Treaty:
(a) “works” means literary and artistic works within the meaning of Article 2(1) of the
Berne Convention for the Protection of Literary and Artistic Works, in the form of text,
notation and/or related illustrations, whether published or otherwise made publicly
available in any media 1;
(b) “accessible format copy” means a copy of a work in an alternative manner or form
which gives a beneficiary person access to the work, including to permit the person to
have access as feasibly and comfortably as a person without visual impairment or other
print disability. The accessible format copy is used exclusively by beneficiary persons
and it must respect the integrity of the original work, taking due consideration of the
changes needed to make the work accessible in the alternative format and of the
accessibility needs of the beneficiary persons;
(c) “authorized entity” means an entity that is authorized or recognized by the
government to provide education, instructional training, adaptive reading or information
access to beneficiary persons on a non-profit basis. It also includes a government
institution or non-profit organization that provides the same services to beneficiary
persons as one of its primary activities or institutional obligations 2.
An authorized entity establishes and follows its own practices:
(i)

to establish that the persons it serves are beneficiary persons;

1

Agreed statement concerning Article 2(a): For the purposes of this Treaty, it is understood that this definition
includes such works in audio form, such as audiobooks.
2

Agreed statement concerning Article 2(c): For the purposes of this Treaty, it is understood that “entities
recognized by the government” may include entities receiving financial support from the government to provide
education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis.

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(ii) to limit to beneficiary persons and/or authorized entities its distribution and
making available of accessible format copies;
(iii) to discourage the reproduction, distribution and making available of
unauthorized copies; and
(iv) to maintain due care in, and records of, its handling of copies of works, while
respecting the privacy of beneficiary persons in accordance with Article 8.
Article 3
Beneficiary Persons
A beneficiary person is a person who:
(a)

is blind;

(b) has a visual impairment or a perceptual or reading disability which cannot be
improved to give visual function substantially equivalent to that of a person who has no
such impairment or disability and so is unable to read printed works to substantially the
same degree as a person without an impairment or disability; or 3
(c) is otherwise unable, through physical disability, to hold or manipulate a book or to
focus or move the eyes to the extent that would be normally acceptable for reading;
regardless of any other disabilities.

Article 4
National Law Limitations and Exceptions Regarding Accessible Format Copies
1.
(a) Contracting Parties shall provide in their national copyright laws for a limitation or
exception to the right of reproduction, the right of distribution, and the right of making available
to the public as provided by the WIPO Copyright Treaty (WCT), to facilitate the availability of
works in accessible format copies for beneficiary persons. The limitation or exception provided
in national law should permit changes needed to make the work accessible in the alternative
format.
(b) Contracting Parties may also provide a limitation or exception to the right of public
performance to facilitate access to works for beneficiary persons.
2.
A Contracting Party may fulfill Article 4(1) for all rights identified therein by providing a
limitation or exception in its national copyright law such that:
(a) Authorized entities shall be permitted, without the authorization of the copyright
rightholder, to make an accessible format copy of a work, obtain from another authorized
entity an accessible format copy, and supply those copies to beneficiary persons by any
means, including by non-commercial lending or by electronic communication by wire or
wireless means, and undertake any intermediate steps to achieve those objectives, when
all of the following conditions are met:

3

Agreed statement concerning Article 3(b): Nothing in this language implies that “cannot be improved” requires
the use of all possible medical diagnostic procedures and treatments.

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(i)
the authorized entity wishing to undertake said activity has lawful access to
that work or a copy of that work;
(ii) the work is converted to an accessible format copy, which may include any
means needed to navigate information in the accessible format, but does not
introduce changes other than those needed to make the work accessible to the
beneficiary person;
(iii) such accessible format copies are supplied exclusively to be used by
beneficiary persons; and
(iv)

the activity is undertaken on a non-profit basis;

and
(b) A beneficiary person, or someone acting on his or her behalf including a primary
caretaker or caregiver, may make an accessible format copy of a work for the personal
use of the beneficiary person or otherwise may assist the beneficiary person to make and
use accessible format copies where the beneficiary person has lawful access to that work
or a copy of that work.
3.
A Contracting Party may fulfill Article 4(1) by providing other limitations or exceptions in its
national copyright law pursuant to Articles 10 and 11 4.
4.
A Contracting Party may confine limitations or exceptions under this Article to works
which, in the particular accessible format, cannot be obtained commercially under reasonable
terms for beneficiary persons in that market. Any Contracting Party availing itself of this
possibility shall so declare in a notification deposited with the Director General of WIPO at the
time of ratification of, acceptance of or accession to this Treaty or at any time thereafter 5.
5.
It shall be a matter for national law to determine whether limitations or exceptions under
this Article are subject to remuneration.

Article 5
Cross-Border Exchange of Accessible Format Copies
1.
Contracting Parties shall provide that if an accessible format copy is made under a
limitation or exception or pursuant to operation of law, that accessible format copy may be
distributed or made available by an authorized entity to a beneficiary person or an authorized
entity in another Contracting Party 6.
2.
A Contracting Party may fulfill Article 5(1) by providing a limitation or exception in its
national copyright law such that:

4

Agreed statement concerning Article 4(3): It is understood that this paragraph neither reduces nor extends the
scope of applicability of limitations and exceptions permitted under the Berne Convention, as regards the right of
translation, with respect to persons with visual impairments or with other print disabilities.
5

Agreed statement concerning Article 4(4): It is understood that a commercial availability requirement does not
prejudge whether or not a limitation or exception under this Article is consistent with the three-step test.
6

Agreed statement concerning Article 5(1): It is further understood that nothing in this Treaty reduces or
extends the scope of exclusive rights under any other treaty.

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(a) authorized entities shall be permitted, without the authorization of the rightholder, to
distribute or make available for the exclusive use of beneficiary persons accessible format
copies to an authorized entity in another Contracting Party; and
(b) authorized entities shall be permitted, without the authorization of the rightholder
and pursuant to Article 2(c), to distribute or make available accessible format copies to a
beneficiary person in another Contracting Party;
provided that prior to the distribution or making available the originating authorized entity did not
know or have reasonable grounds to know that the accessible format copy would be used for
other than beneficiary persons 7.
3.
A Contracting Party may fulfill Article 5(1) by providing other limitations or exceptions in its
national copyright law pursuant to Articles 5(4), 10 and 11.
4.
(a) When an authorized entity in a Contracting Party receives accessible format copies
pursuant to Article 5(1) and that Contracting Party does not have obligations under Article 9 of
the Berne Convention, it will ensure, consistent with its own legal system and practices, that the
accessible format copies are only reproduced, distributed or made available for the benefit of
beneficiary persons in that Contracting Party’s jurisdiction.
(b) The distribution and making available of accessible format copies by an authorized
entity pursuant to Article 5(1) shall be limited to that jurisdiction unless the Contracting
Party is a Party to the WIPO Copyright Treaty or otherwise limits limitations and
exceptions implementing this Treaty to the right of distribution and the right of making
available to the public to certain special cases which do not conflict with a normal
exploitation of the work and do not unreasonably prejudice the legitimate interests of the
rightholder 8,9.
(c) Nothing in this Article affects the determination of what constitutes an act of
distribution or an act of making available to the public.
5.

Nothing in this Treaty shall be used to address the issue of exhaustion of rights.

Article 6
Importation of Accessible Format Copies
To the extent that the national law of a Contracting Party would permit a beneficiary person,
someone acting on his or her behalf, or an authorized entity, to make an accessible format copy
of a work, the national law of that Contracting Party shall also permit them to import an

7

Agreed statement concerning Article 5(2): It is understood that, to distribute or make available accessible
format copies directly to a beneficiary person in another Contracting Party, it may be appropriate for an authorized
entity to apply further measures to confirm that the person it is serving is a beneficiary person and to follow its own
practices as described in Article 2(c).
8

Agreed statement concerning Article 5(4)(b): It is understood that nothing in this Treaty requires or implies
that a Contracting Party adopt or apply the three-step test beyond its obligations under this instrument or under other
international treaties.
9

Agreed statement concerning Article 5(4)(b): It is understood that nothing in this Treaty creates any
obligations for a Contracting Party to ratify or accede to the WCT or to comply with any of its provisions and nothing
in this Treaty prejudices any rights, limitations and exceptions contained in the WCT.

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accessible format copy for the benefit of beneficiary persons, without the authorization of the
rightholder 10.

Article 7
Obligations Concerning Technological Measures
Contracting Parties shall take appropriate measures, as necessary, to ensure that when they
provide adequate legal protection and effective legal remedies against the circumvention of
effective technological measures, this legal protection does not prevent beneficiary persons
from enjoying the limitations and exceptions provided for in this Treaty 11.
Article 8
Respect for Privacy
In the implementation of the limitations and exceptions provided for in this Treaty, Contracting
Parties shall endeavor to protect the privacy of beneficiary persons on an equal basis with
others.
Article 9
Cooperation to Facilitate Cross-Border Exchange
1.
Contracting Parties shall endeavor to foster the cross-border exchange of accessible
format copies by encouraging the voluntary sharing of information to assist authorized entities in
identifying one another. The International Bureau of WIPO shall establish an information
access point for this purpose.
2.
Contracting Parties undertake to assist their authorized entities engaged in activities
under Article 5 to make information available regarding their practices pursuant to Article 2(c),
both through the sharing of information among authorized entities, and through making
available information on their policies and practices, including related to cross-border exchange
of accessible format copies, to interested parties and members of the public as appropriate.
3.
The International Bureau of WIPO is invited to share information, where available, about
the functioning of this Treaty.
4.
Contracting Parties recognize the importance of international cooperation and its
promotion, in support of national efforts for realization of the purpose and objectives of this
Treaty 12.

10

Agreed statement concerning Article 6: It is understood that the Contracting Parties have the same flexibilities
set out in Article 4 when implementing their obligations under Article 6.
11

Agreed statement concerning Article 7: It is understood that authorized entities, in various circumstances,
choose to apply technological measures in the making, distribution and making available of accessible format copies
and nothing herein disturbs such practices when in accordance with national law.
12

Agreed statement concerning Article 9: It is understood that Article 9 does not imply mandatory registration
for authorized entities nor does it constitute a precondition for authorized entities to engage in activities recognized
under this Treaty; but it provides for a possibility for sharing information to facilitate the cross-border exchange of
accessible format copies.

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Article 10
General Principles on Implementation
1.
Contracting Parties undertake to adopt the measures necessary to ensure the application
of this Treaty.
2.
Nothing shall prevent Contracting Parties from determining the appropriate method of
implementing the provisions of this Treaty within their own legal system and practice 13.
3.
Contracting Parties may fulfill their rights and obligations under this Treaty through
limitations or exceptions specifically for the benefit of beneficiary persons, other limitations or
exceptions, or a combination thereof, within their national legal system and practice. These
may include judicial, administrative or regulatory determinations for the benefit of beneficiary
persons as to fair practices, dealings or uses to meet their needs consistent with the Contracting
Parties’ rights and obligations under the Berne Convention, other international treaties, and
Article 11.
Article 11
General Obligations on Limitations and Exceptions
In adopting measures necessary to ensure the application of this Treaty, a Contracting Party
may exercise the rights and shall comply with the obligations that that Contracting Party has
under the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property
Rights and the WIPO Copyright Treaty, including their interpretative agreements so that:
(a) in accordance with Article 9(2) of the Berne Convention, a Contracting Party may
permit the reproduction of works in certain special cases provided that such reproduction
does not conflict with a normal exploitation of the work and does not unreasonably
prejudice the legitimate interests of the author;
(b) in accordance with Article 13 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights, a Contracting Party shall confine limitations or exceptions to
exclusive rights to certain special cases which do not conflict with a normal exploitation of
the work and do not unreasonably prejudice the legitimate interests of the rightholder;
(c) in accordance with Article 10(1) of the WIPO Copyright Treaty, a Contracting Party
may provide for limitations of or exceptions to the rights granted to authors under the WCT
in certain special cases, that do not conflict with a normal exploitation of the work and do
not unreasonably prejudice the legitimate interests of the author;
(d) in accordance with Article 10(2) of the WIPO Copyright Treaty, a Contracting Party
shall confine, when applying the Berne Convention, any limitations of or exceptions to
rights to certain special cases that do not conflict with a normal exploitation of the work
and do not unreasonably prejudice the legitimate interests of the author.

13

Agreed statement concerning Article 10(2): It is understood that when a work qualifies as a work under Article
2(a), including such works in audio form, the limitations and exceptions provided for by this Treaty apply mutatis
mutandis to related rights as necessary to make the accessible format copy, to distribute it and to make it available to
beneficiary persons.

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Article 12
Other Limitations and Exceptions
1.
Contracting Parties recognize that a Contracting Party may implement in its national law
other copyright limitations and exceptions for the benefit of beneficiary persons than are
provided by this Treaty having regard to that Contracting Party’s economic situation, and its
social and cultural needs, in conformity with that Contracting Party's international rights and
obligations, and in the case of a least-developed country taking into account its special needs
and its particular international rights and obligations and flexibilities thereof.
2.
This Treaty is without prejudice to other limitations and exceptions for persons with
disabilities provided by national law.
Article 13
Assembly
1.

(a)

The Contracting Parties shall have an Assembly.

(b) Each Contracting Party shall be represented in the Assembly by one delegate who
may be assisted by alternate delegates, advisors and experts.
(c) The expenses of each delegation shall be borne by the Contracting Party that has
appointed the delegation. The Assembly may ask WIPO to grant financial assistance to
facilitate the participation of delegations of Contracting Parties that are regarded as
developing countries in conformity with the established practice of the General Assembly
of the United Nations or that are countries in transition to a market economy.
2.
(a) The Assembly shall deal with matters concerning the maintenance and development
of this Treaty and the application and operation of this Treaty.
(b) The Assembly shall perform the function allocated to it under Article 15 in respect of
the admission of certain intergovernmental organizations to become party to this Treaty.
(c) The Assembly shall decide the convocation of any diplomatic conference for the
revision of this Treaty and give the necessary instructions to the Director General of WIPO
for the preparation of such diplomatic conference.
3.
(a) Each Contracting Party that is a State shall have one vote and shall vote only in its
own name.
(b) Any Contracting Party that is an intergovernmental organization may participate in
the vote, in place of its Member States, with a number of votes equal to the number of its
Member States which are party to this Treaty. No such intergovernmental organization
shall participate in the vote if any one of its Member States exercises its right to vote and
vice versa.
4.
The Assembly shall meet upon convocation by the Director General and, in the absence
of exceptional circumstances, during the same period and at the same place as the General
Assembly of WIPO.
5.
The Assembly shall endeavor to take its decisions by consensus and shall establish its
own rules of procedure, including the convocation of extraordinary sessions, the requirements
of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds
of decisions.

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Article 14
International Bureau
The International Bureau of WIPO shall perform the administrative tasks concerning this Treaty.
Article 15
Eligibility for Becoming Party to the Treaty
1.

Any Member State of WIPO may become party to this Treaty.

2.
The Assembly may decide to admit any intergovernmental organization to become party
to this Treaty which declares that it is competent in respect of, and has its own legislation
binding on all its Member States on, matters covered by this Treaty and that it has been duly
authorized, in accordance with its internal procedures, to become party to this Treaty.
3.
The European Union, having made the declaration referred to in the preceding paragraph
at the Diplomatic Conference that has adopted this Treaty, may become party to this Treaty.

Article 16
Rights and Obligations Under the Treaty
Subject to any specific provisions to the contrary in this Treaty, each Contracting Party shall
enjoy all of the rights and assume all of the obligations under this Treaty.

Article 17
Signature of the Treaty
This Treaty shall be open for signature at the Diplomatic Conference in Marrakesh, and
thereafter at the headquarters of WIPO by any eligible party for one year after its adoption.
Article 18
Entry into Force of the Treaty
This Treaty shall enter into force three months after 20 eligible parties referred to in Article 15
have deposited their instruments of ratification or accession.
Article 19
Effective Date of Becoming Party to the Treaty
This Treaty shall bind:
(a) the 20 eligible parties referred to in Article 18, from the date on which this Treaty has
entered into force;
(b) each other eligible party referred to in Article 15, from the expiration of three months
from the date on which it has deposited its instrument of ratification or accession with the
Director General of WIPO.

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Article 20
Denunciation of the Treaty
This Treaty may be denounced by any Contracting Party by notification addressed to the
Director General of WIPO. Any denunciation shall take effect one year from the date on which
the Director General of WIPO received the notification.

Article 21
Languages of the Treaty
1.
This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian and
Spanish languages, the versions in all these languages being equally authentic.
2.
An official text in any language other than those referred to in Article 21(1) shall be
established by the Director General of WIPO on the request of an interested party, after
consultation with all the interested parties. For the purposes of this paragraph, “interested
party” means any Member State of WIPO whose official language, or one of whose official
languages, is involved and the European Union, and any other intergovernmental organization
that may become party to this Treaty, if one of its official languages is involved.

Article 22
Depositary
The Director General of WIPO is the depositary of this Treaty.

Done in Marrakesh on the 27th day of June, 2013.

[End of document]

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WIPO Database of Intellectual Property
Legislative Texts

WIPO

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

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:

Criteria of Eligibility for Protection of Cinematographic Works,
Works of 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

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

WO001EN

page 1 / 29

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WIPO Database of Intellectual Property
Legislative Texts

WIPO

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 Works and
Any Words 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. Nonprotectable 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 Agreements 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:

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

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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; proposals; 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 Articles 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 to 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

Article 34:

Closing of Certain Earlier Provisions: 1. Of earlier Acts; 2. Of the
Protocol 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. Signature; 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:

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

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Article IV:

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 for 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 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]1
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 designs; 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 expression, such as books, pamphlets and
other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramaticomusical 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, maps, 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 encyclopaedias 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.
1

Each Article and the Appendix have been given titles to facilitate their identification. There are no titles in the signed (English)

text.

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(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 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 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:
(a) authors who are nationals of one of the countries of the Union, for their works, whether
published or not;
(b) authors 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 the availability of such copies has been such
as to satisfy the reasonable requirements of the public, having regard to the nature of the work. The
performance of a dramatic, dramatico-musical, 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 within thirty days of its first publication.

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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) authors 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 building 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 the 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:
(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;
(b) in the case of works published simultaneously in a country outside the Union and in a country
of the Union, the latter country;
(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 retroactivity; 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.

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(2) No restrictions 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 countries in regard to which
protection is restricted, 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 Rights: 1. To claim authorship; to object to certain modifications and other derogatory actions; 2.
After the author’s death; 3. Means of redress]
(1) Independently 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 exercisable 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 ratification of or accession to this Act, does not provide
for the protection after the death of the author of all the rights set out in the preceding paragraph may
provide that some of these rights may, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted by this Article shall be governed by the
legislation of the country where protection is claimed.
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]
(1) The term of protection granted by this Convention shall be the life of the author and fifty years after
his death.
(2) However, in the case of cinematographic works, the countries of the Union may provide that the term
of protection shall expire fifty years after the work has been made available to the public with the consent of
the author, or, failing such an event within fifty years from the making of such a work, fifty years after the
making.
(3) In the case of anonymous or pseudonymous works, the term of protection granted by this Convention
shall expire fifty years after the work has been lawfully made available to the public. However, when the
pseudonym adopted by the author leaves no doubt as to his identity, the term of protection shall be that
provided in paragraph (1). If the author of an anonymous or pseudonymous work discloses his identity
during the above-mentioned period, the term of protection applicable shall be that provided in paragraph (1).
The countries of the Union shall not be required to protect anonymous or pseudonymous works in respect of
which it is reasonable to presume that their author has been dead for fifty years.
(4) It shall be a matter for legislation in the countries of the Union to determine the term of protection of
photographic works and that of works of applied art in so far as they are protected as artistic works;
however, this term shall last at least until the end of a period of twenty-five years from the making of such a
work.
(5) The term of protection subsequent to the death of the author and the terms provided by paragraphs (2),
(3) and (4) shall run from the date of death or of the event referred to in those paragraphs, but such terms
shall always be deemed to begin on the first of January of the year following the death or such event.

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(6) The countries of the Union may grant a term of protection in excess of those provided by the
preceding paragraphs.
(7) Those countries of the Union bound by the Rome Act of this Convention which grant, in their national
legislation in force at the time of signature of the present Act, shorter terms of protection than those
provided for in the preceding paragraphs shall have the right to maintain such terms when ratifying or
acceding to the present Act.
(8) In any case, the term shall be governed by the legislation of the country where protection is claimed;
however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed
in the country of origin of the work.
Article 7bis
[Term of Protection for Works of Joint Authorship]
The provisions of the preceding Article shall also apply in the case of a work of joint authorship,
provided that the terms measured from the death of the author shall be calculated from the death of the last
surviving author.
Article 8
[Right of Translation]
Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of
making and of authorizing the translation of their works throughout the term of protection of their rights in
the original works.
Article 9
[Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings]
(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of
authorizing the reproduction of these works, in any manner or form.
(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such
works in certain special cases, provided that such reproduction does not conflict with a normal exploitation
of the work and does not unreasonably prejudice the legitimate interests of the author.
(3) Any sound or visual recording shall be considered as a reproduction for the purposes of this
Convention.
Article 10
[Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author]
(1) It shall be permissible to make quotations from a work which has already been lawfully made
available to the public, provided that their making is compatible with fair practice, and their extent does not
exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the
form of press summaries.
(2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or
to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or
artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching,
provided such utilization is compatible with fair practice.
(3) Where use is made of works in accordance with the preceding paragraphs of this Article, mention
shall be made of the source, and of the name of the author if it appears thereon.

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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]
(1) It shall be a matter for legislation in the countries of the Union to permit the reproduction by the
press, the broadcasting or the communication to the public by wire of articles published in newspapers or
periodicals on current economic, political or religious topics, and of broadcast works of the same character,
in cases in which the reproduction, broadcasting or such communication thereof is not expressly reserved.
Nevertheless, the source must always be clearly indicated; the legal consequences of a breach of this
obligation shall be determined by the legislation of the country where protection is claimed.
(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under
which, for the purpose of reporting current events by means of photography, cinematography, broadcasting
or communication to the public by wire, literary or artistic works seen or heard in the course of the event
may, to the extent justified by the informatory purpose, be reproduced and made available to the public.
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]
(1) Authors of dramatic, dramatico-musical and musical works shall enjoy the exclusive right of
authorizing:
(i) the public performance of their works, including such public performance by any means or
process;
(ii) any communication to the public of the performance of their works.
(2) Authors of dramatic or dramatico-musical works shall enjoy, during the full term of their rights in the
original works, the same rights with respect to translations thereof.
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]
(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:
(i) the broadcasting of their works or the communication thereof to the public by any other
means of wireless diffusion of signs, sounds or images;
(ii) any communication to the public by wire or by rebroadcasting of the broadcast of the
work, when this communication is made by an organization other than the original one;
(iii) the public communication by loudspeaker or any other analogous instrument
transmitting, by signs, sounds or images, the broadcast of the work.
(2) It shall be a matter for legislation in the countries of the Union to determine the conditions under
which the rights mentioned in the preceding paragraph may be exercised, but these conditions shall apply
only in the countries where they have been prescribed. They shall not in any circumstances be prejudicial to
the moral rights of the author, nor to his right to obtain equitable remuneration which, in the absence of
agreement, shall be fixed by competent authority.
(3) In the absence of any contrary stipulation, permission granted in accordance with paragraph (1) of this
Article shall not imply permission to record, by means of instruments recording sounds or images, the work
broadcast. It shall, however, be a matter for legislation in the countries of the Union to determine the
regulations for ephemeral recordings made by a broadcasting organization by means of its own facilities and
used for its own broadcasts. The preservation of these recordings in official archives may, on the ground of
their exceptional documentary character, be authorized by such legislation.

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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]
(1) Authors of literary works shall enjoy the exclusive right of authorizing:
(i) the public recitation of their works, including such public recitation by any means or process;
(ii) any communication to the public of the recitation of their works.
(2) Authors of literary works shall enjoy, during the full term of their rights in the original works, the
same rights with respect to translations thereof.
Article 12
[Right of Adaptation, Arrangement and Other Alteration]
Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations,
arrangements and other alterations of their works.
Article 13
[Possible Limitation of the Right of Recording of Musical Works and Any Words Pertaining Thereto:
1. Compulsory licenses; 2. Transitory measures; 3. Seizure on importation of copies made without the
author’s permission]
(1) Each country of the Union may impose for itself reservations and conditions on the exclusive right
granted to the author of a musical work and to the author of any words, the recording of which together with
the musical work has already been authorized by the latter, to authorize the sound recording of that musical
work, together with such words, if any; but all such reservations and conditions shall apply only in the
countries which have imposed them and shall not, in any circumstances, be prejudicial to the rights of these
authors to obtain equitable remuneration which, in the absence of agreement, shall be fixed by competent
authority.
(2) Recordings of musical works made in a country of the Union in accordance with Article 13(3) of the
Conventions signed at Rome on June 2, 1928, and at Brussels on June 26, 1948, may be reproduced in that
country without the permission of the author of the musical work until a date two years after that country
becomes bound by this Act.
(3) Recordings made in accordance with paragraphs (1) and (2) of this Article and imported without
permission from the parties concerned into a country where they are treated as infringing recordings shall be
liable to seizure.
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]
(1) Authors of literary or artistic works shall have the exclusive right of authorizing:
(i) the cinematographic adaptation and reproduction of these works, and the distribution of the
works thus adapted or reproduced;
(ii) the public performance and communication to the public by wire of the works thus adapted or
reproduced.
(2) The adaptation into any other artistic form of a cinematographic production derived from literary or
artistic works shall, without prejudice to the authorization of the author of the cinematographic production,
remain subject to the authorization of the authors of the original works.
(3) The provisions of Article 13(1) shall not apply.

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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]
(1) Without prejudice to the copyright in any work which may have been adapted or reproduced, a
cinematographic work shall be protected as an original work. The owner of copyright in a cinematographic
work shall enjoy the same rights as the author of an original work, including the rights referred to in the
preceding Article.
(2)
(a) Ownership of copyright in a cinematographic work shall be a matter for legislation in the
country where protection is claimed.
(b) However, in the countries of the Union which, by legislation, include among the owners of
copyright in a cinematographic work authors who have brought contributions to the making of the work,
such authors, if they have undertaken to bring such contributions, may not, in the absence of any contrary or
special stipulation, object to the reproduction, distribution, public performance, communication to the public
by wire, broadcasting or any other communication to the public, or to the subtitling or dubbing of texts, of
the work.
(c) The question whether or not the form of the undertaking referred to above should, for the
application of the preceding subparagraph (b), be in a written agreement or a written act of the same effect
shall be a matter for the legislation of the country where the maker of the cinematographic work has his
headquarters or habitual residence. However, it shall be a matter for the legislation of the country of the
Union where protection is claimed to provide that the said undertaking shall be in a written agreement or a
written act of the same effect. The countries whose legislation so provides shall notify the Director General
by means of a written declaration, which will be immediately communicated by him to all the other
countries of the Union.
(d) By “contrary or special stipulation” is meant any restrictive condition which is relevant to the
aforesaid undertaking.
(3) Unless the national legislation provides to the contrary, the provisions of paragraph (2)(b) above shall
not be applicable to authors of scenarios, dialogues and musical works created for the making of the
cinematographic work, or to the principal director thereof. However, those countries of the Union whose
legislation does not contain rules providing for the application of the said paragraph (2)(b) to such director
shall notify the Director General by means of a written declaration, which will be immediately
communicated by him to all the other countries of the Union.
Article 14ter
[“Droit de suite” in Works of Art and Manuscripts:
1. Right to an interest in resales; 2. Applicable law; 3. Procedure]
(1) The author, or after his death the persons or institutions authorized by national legislation, shall, with
respect to original works of art and original manuscripts of writers and composers, enjoy the inalienable
right to an interest in any sale of the work subsequent to the first transfer by the author of the work.
(2) The protection provided by the preceding paragraph may be claimed in a country of the Union only if
legislation in the country to which the author belongs so permits, and to the extent permitted by the country
where this protection is claimed.
(3) The procedure for collection and the amounts shall be matters for determination by national
legislation.

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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]
(1) In order that the author of a literary or artistic work protected by this Convention shall, in the absence
of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement
proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the
usual manner. This paragraph shall be applicable even if this name is a pseudonym, where the pseudonym
adopted by the author leaves no doubt as to his identity.
(2) The person or body corporate whose name appears on a cinematographic work in the usual manner
shall, in the absence of proof to the contrary, be presumed to be the maker of the said work.
(3) In the case of anonymous and pseudonymous works, other than those referred to in paragraph (1)
above, the publisher whose name appears on the work shall, in the absence of proof to the contrary, be
deemed to represent the author, and in this capacity he shall be entitled to protect and enforce the author’s
rights. The provisions of this paragraph shall cease to apply when the author reveals his identity and
establishes his claim to authorship of the work.
(4)
(a) In the case of unpublished works where the identity of the author is unknown, but where there is
every ground to presume that he is a national of a country of the Union, it shall be a matter for legislation in
that country to designate the competent authority which shall represent the author and shall be entitled to
protect and enforce his rights in the countries of the Union.
(b) Countries of the Union which make such designation under the terms of this provision shall notify
the Director General by means of a written declaration giving full information concerning the authority thus
designated. The Director General shall at once communicate this declaration to all other countries of the
Union.
Article 16
[Infringing Copies: 1. Seizure; 2. Seizure on importation; 3. Applicable law]
(1) Infringing copies of a work shall be liable to seizure in any country of the Union where the work
enjoys legal protection.
(2) The provisions of the preceding paragraph shall also apply to reproductions coming from a country
where the work is not protected, or has ceased to be protected.
(3) The seizure shall take place in accordance with the legislation of each country.
Article 17
[Possibility of Control of Circulation, Presentation and Exhibition of Works]
The provisions of this Convention cannot in any way affect the right of the Government of each
country of the Union to permit, to control, or to prohibit, by legislation or regulation, the circulation,
presentation, or exhibition of any work or production in regard to which the competent authority may find it
necessary to exercise that right.
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]
(1) This Convention shall apply to all works which, at the moment of its coming into force, have not yet
fallen into the public domain in the country of origin through the expiry of the term of protection.

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(2) If, however, through the expiry of the term of protection which was previously granted, a work has
fallen into the public domain of the country where protection is claimed, that work shall not be protected
anew.
(3) The application of this principle shall be subject to any provisions contained in special conventions to
that effect existing or to be concluded between countries of the Union. In the absence of such provisions, the
respective countries shall determine, each in so far as it is concerned, the conditions of application of this
principle.
(4) The preceding provisions shall also apply in the case of new accessions to the Union and to cases in
which protection is extended by the application of Article 7 or by the abandonment of reservations.
Article 19
[Protection Greater than Resulting from Convention]
The provisions of this Convention shall not preclude the making of a claim to the benefit of any
greater protection which may be granted by legislation in a country of the Union.
Article 20
[Special Agreements Among Countries of the Union]
The Governments of the countries of the Union reserve the right to enter into special agreements
among themselves, in so far as such agreements grant to authors more extensive rights than those granted by
the Convention, or contain other provisions not contrary to this Convention. The provisions of existing
agreements which satisfy these conditions shall remain applicable.
Article 21
[Special Provisions Regarding Developing Countries: 1. Reference to Appendix; 2. Appendix part of
Act]
(1) Special provisions regarding developing countries are included in the Appendix.
(2) Subject to the provisions of Article 28(1)(b), the Appendix forms an integral part of this Act.
Article 22
[Assembly: 1. Constitution and composition; 2. Tasks; 3. Quorum, voting, observers; 4. Convocation; 5.
Rules of procedure]
(1)
(a) The Union shall have an Assembly consisting of those countries of the Union which are bound by
Articles 22 to 26.
(b) The Government of each country shall be represented by one delegate, who may be assisted by
alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has appointed it.
(2)
(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and development of the Union and the
implementation of this Convention;
(ii) give directions concerning the preparation for conferences of revision to the International
Bureau of Intellectual Property (hereinafter designated as “the International Bureau”) referred
to in the Convention Establishing the World Intellectual Property Organization (hereinafter
designated as “the Organization”), due account being taken of any comments made by those
countries of the Union which are not bound by Articles 22 to 26;

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(iii) review and approve the reports and activities of the Director General of the Organization
concerning the Union, and give him all necessary instructions concerning matters within the
competence of the Union;
(iv) elect the members of the Executive Committee of the Assembly;
(v) review and approve the reports and activities of its Executive Committee, and give instructions
to such Committee;
(vi) determine the program and adopt the biennial budget of the Union, and approve its final
accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees of experts and working groups as may be necessary for the work of
the Union;
(ix) determine which countries not members of the Union and which intergovernmental and
international non-governmental organizations shall be admitted to its meetings as observers;
(x) adopt amendments to Articles 22 to 26;
(xi) take any other appropriate action designed to further the objectives of the Union;
(xii) exercise such other functions as are appropriate under this Convention;
(xiii) subject to its acceptance, exercise such rights as are given to it in the Convention establishing
the Organization.
(b) With respect to matters which are of interest also to other Unions administered by the
Organization, the Assembly shall make its decisions after having heard the advice of the Coordination
Committee of the Organization.
(3)
(a) Each country member of the Assembly shall have one vote.
(b) One-half of the countries members of the Assembly shall constitute a quorum.
(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the number of countries
represented is less than one-half but equal to or more than one-third of the countries members of the
Assembly, the Assembly may make decisions but, with the exception of decisions concerning its own
procedure, all such decisions shall take effect only if the following conditions are fulfilled. The International
Bureau shall communicate the said decisions to the countries members of the Assembly which were not
represented and shall invite them to express in writing their vote or abstention within a period of three
months from the date of the communication. If, at the expiration of this period, the number of countries
having thus expressed their vote or abstention attains the number of countries which was lacking for
attaining the quorum in the session itself, such decisions shall take effect provided that at the same time the
required majority still obtains.
(d) Subject to the provisions of Article 26(2), the decisions of the Assembly shall require two-thirds
of the votes cast.
(e) Abstentions shall not be considered as votes.
(f) A delegate may represent, and vote in the name of, one country only.
(g) Countries of the Union not members of the Assembly shall be admitted to its meetings as
observers.
(4)
(a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation
by the Director General and, in the absence of exceptional circumstances, during the same period and at the
same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, at
the request of the Executive Committee or at the request of one-fourth of the countries members of the
Assembly.
(5) The Assembly shall adopt its own rules of procedure.

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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]
(1) The Assembly shall have an Executive Committee.
(2)
(a) The Executive Committee shall consist of countries elected by the Assembly from among
countries members of the Assembly. Furthermore, the country on whose territory the Organization has its
headquarters shall, subject to the provisions of Article 25(7)(b), have an ex officio seat on the Committee.
(b) The Government of each country member of the Executive Committee shall be represented by one
delegate, who may be assisted by alternate delegates, advisors, and experts.
(c) The expenses of each delegation shall be borne by the Government which has appointed it.
(3) The number of countries members of the Executive Committee shall correspond to one-fourth of the
number of countries members of the Assembly. In establishing the number of seats to be filled, remainders
after division by four shall be disregarded.
(4) In electing the members of the Executive Committee, the Assembly shall have due regard to an
equitable geographical distribution and to the need for countries party to the Special Agreements which
might be established in relation with the Union to be among the countries constituting the Executive
Committee.
(5)
(a) Each member of the Executive Committee shall serve from the close of the session of the
Assembly which elected it to the close of the next ordinary session of the Assembly.
(b) Members of the Executive Committee may be re-elected, but not more than two-thirds of them.
(c) The Assembly shall establish the details of the rules governing the election and possible reelection of the members of the Executive Committee.
(6)
(a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;
(ii) submit proposals to the Assembly respecting the draft program and biennial budget of the
Union prepared by the Director General;
(iii) [deleted]
(iv) submit, with appropriate comments, to the Assembly the periodical reports of the Director
General and the yearly audit reports on the accounts;
(v) in accordance with the decisions of the Assembly and having regard to circumstances arising
between two ordinary sessions of the Assembly, take all necessary measures to ensure the
execution of the program of the Union by the Director General;
(vi) perform such other functions as are allocated to it under this Convention.
(b) With respect to matters which are of interest also to other Unions administered by the
Organization, the Executive Committee shall make its decisions after having heard the advice of the
Coordination Committee of the Organization.
(7)
(a) The Executive Committee shall meet once a year in ordinary session upon convocation by the
Director General, preferably during the same period and at the same place as the Coordination Committee of
the Organization.
(b) The Executive Committee shall meet in extraordinary session upon convocation by the Director
General, either on his own initiative, or at the request of its Chairman or one-fourth of its members.
(8)
(a) Each country member of the Executive Committee shall have one vote.
(b) One-half of the members of the Executive Committee shall constitute a quorum.

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(c) Decisions shall be made by a simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of, one country only.
(9) Countries of the Union not members of the Executive Committee shall be admitted to its meetings as
observers.
(10) The Executive Committee shall adopt its own 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]
(1)
(a) The administrative tasks with respect to the Union shall be performed by the International Bureau,
which is a continuation of the Bureau of the Union united with the Bureau of the Union established by the
International Convention for the Protection of Industrial Property.
(b) In particular, the International Bureau shall provide the secretariat of the various organs of the
Union.
(c) The Director General of the Organization shall be the chief executive of the Union and shall
represent the Union.
(2) The International Bureau shall assemble and publish information concerning the protection of
copyright. Each country of the Union shall promptly communicate to the International Bureau all new laws
and official texts concerning the protection of copyright.
(3) The International Bureau shall publish a monthly periodical.
(4) The International Bureau shall, on request, furnish information to any country of the Union on matters
concerning the protection of copyright.
(5) The International Bureau shall conduct studies, and shall provide services, designed to facilitate the
protection of copyright.
(6) The Director General and any staff member designated by him shall participate, without the right to
vote, in all meetings of the Assembly, the Executive Committee and any other committee of experts or
working group. The Director General, or a staff member designated by him, shall be ex officio secretary of
these bodies.
(7)
(a) The International Bureau shall, in accordance with the directions of the Assembly and in
cooperation with the Executive Committee, make the preparations for the conferences of revision of the
provisions of the Convention other than Articles 22 to 26.
(b) The International Bureau may consult with intergovernmental and international non-governmental
organizations concerning preparations for conferences of revision.
(c) The Director General and persons designated by him shall take part, without the right to vote, in
the discussions at these conferences.
(8) The International Bureau shall carry out any other tasks assigned to it.
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]
(1)
(a) The Union shall have a budget.

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(b) The budget of the Union shall include the income and expenses proper to the Union, its
contribution to the budget of expenses common to the Unions, and, where applicable, the sum made
available to the budget of the Conference of the Organization.
(c) Expenses not attributable exclusively to the Union but also to one or more other Unions
administered by the Organization shall be considered as expenses common to the Unions. The share of the
Union in such common expenses shall be in proportion to the interest the Union has in them.
(2) The budget of the Union shall be established with due regard to the requirements of coordination with
the budgets of the other Unions administered by the Organization.
(3) The budget of the Union shall be financed from the following sources:
(i) contributions of the countries of the Union;
(ii) fees and charges due for services performed by the International Bureau in relation to the
Union;
(iii) sale of, or royalties on, the publications of the International Bureau concerning the Union;
(iv) gifts, bequests, and subventions;
(v) rents, interests, and other miscellaneous income.
(4)
(a) For the purpose of establishing its contribution towards the budget, each country of the Union
shall belong to a class, and shall pay its annual contributions on the basis of a number of units fixed as
follows:
Class I
25
Class II
20
Class III
15
Class IV
10
Class V
5
Class VI
3
Class VII
1
(b) Unless it has already done so, each country shall indicate, concurrently with depositing its
instrument of ratification or accession, the class to which it wishes to belong. Any country may change
class. If it chooses a lower class, the country must announce it to the Assembly at one of its ordinary
sessions. Any such change shall take effect at the beginning of the calendar year following the session.
(c) The annual contribution of each country shall be an amount in the same proportion to the total sum
to be contributed to the annual budget of the Union by all countries as the number of its units is to the total
of the units of all contributing countries.
(d) Contributions shall become due on the first of January of each year.
(e) A country which is in arrears in the payment of its contributions shall have no vote in any of the
organs of the Union of which it is a member if the amount of its arrears equals or exceeds the amount of the
contributions due from it for the preceding two full years. However, any organ of the Union may allow such
a country to continue to exercise its vote in that organ if, and as long as, it is satisfied that the delay in
payment is due to exceptional and unavoidable circumstances.
(f) If the budget is not adopted before the beginning of a new financial period, it shall be at the same
level as the budget of the previous year, in accordance with the financial regulations.
(5) The amount of the fees and charges due for services rendered by the International Bureau in relation
to the Union shall be established, and shall be reported to the Assembly and the Executive Committee, by
the Director General.
(6)
(a) The Union shall have a working capital fund which shall be constituted by a single payment made
by each country of the Union. If the fund becomes insufficient, an increase shall be decided by the
Assembly.
(b) The amount of the initial payment of each country to the said fund or of its participation in the
increase thereof shall be a proportion of the contribution of that country for the year in which the fund is
established or the increase decided.
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(c) The proportion and the terms of payment shall be fixed by the Assembly on the proposal of the
Director General and after it has heard the advice of the Coordination Committee of the Organization.
(7)
(a) In the headquarters agreement concluded with the country on the territory of which the
Organization has its headquarters, it shall be provided that, whenever the working capital fund is
insufficient, such country shall grant advances. The amount of these advances and the conditions on which
they are granted shall be the subject of separate agreements, in each case, between such country and the
Organization. As long as it remains under the obligation to grant advances, such country shall have an ex
officio seat on the Executive Committee.
(b) The country referred to in subparagraph (a) and the Organization shall each have the right to
denounce the obligation to grant advances, by written notification. Denunciation shall take effect three years
after the end of the year in which it has been notified.
(8) The auditing of the accounts shall be effected by one or more of the countries of the Union or by
external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by
the Assembly.
Article 26
[Amendments: 1. Provisions susceptible of amendment by the Assembly; proposals; 2. Adoption; 3. Entry
into force]
(1) Proposals for the amendment of Articles 22, 23, 24, 25, and the present Article, may be initiated by
any country member of the Assembly, by the Executive Committee, or by the Director General. Such
proposals shall be communicated by the Director General to the member countries of the Assembly at least
six months in advance of their consideration by the Assembly.
(2) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. Adoption
shall require three-fourths of the votes cast, provided that any amendment of Article 22, and of the present
paragraph, shall require four-fifths of the votes cast.
(3) Any amendment to the Articles referred to in paragraph (1) shall enter into force one month after
written notifications of acceptance, effected in accordance with their respective constitutional processes,
have been received by the Director General from three-fourths of the countries members of the Assembly at
the time it adopted the amendment. Any amendment to the said Articles thus accepted shall bind all the
countries which are members of the Assembly at the time the amendment enters into force, or which become
members thereof at a subsequent date, provided that any amendment increasing the financial obligations of
countries of the Union shall bind only those countries which have notified their acceptance of such
amendment.
Article 27
[Revision: 1. Objective; 2. Conferences; 3. Adoption]
(1) This Convention shall be submitted to revision with a view to the introduction of amendments
designed to improve the system of the Union.
(2) For this purpose, conferences shall be held successively in one of the countries of the Union among
the delegates of the said countries.
(3) Subject to the provisions of Article 26 which apply to the amendment of Articles 22 to 26, any
revision of this Act, including the Appendix, shall require the unanimity of the votes cast.
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 Articles 22 to 38]
(1)

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(a) Any country of the Union which has signed this Act may ratify it, and, if it has not signed it, may
accede to it. Instruments of ratification or accession shall be deposited with the Director General.
(b) Any country of the Union may declare in its instrument of ratification or accession that its
ratification or accession shall not apply to Articles 1 to 21 and the Appendix, provided that, if such country
has previously made a declaration under Article VI(1) of the Appendix, then it may declare in the said
instrument only that its ratification or accession shall not apply to Articles 1 to 20.
(c) Any country of the Union which, in accordance with subparagraph (b), has excluded provisions
therein referred to from the effects of its ratification or accession may at any later time declare that it
extends the effects of its ratification or accession to those provisions. Such declaration shall be deposited
with the Director General.
(2)
(a) Articles 1 to 21 and the Appendix shall enter into force three months after both of the following
two conditions are fulfilled:
(i) at least five countries of the Union have ratified or acceded to this Act without making a
declaration under paragraph (1)(b),
(ii) France, Spain, the United Kingdom of Great Britain and Northern Ireland, and the United
States of America, have become bound by the Universal Copyright Convention as revised at
Paris on July 24, 1971.
(b) The entry into force referred to in subparagraph (a) shall apply to those countries of the Union
which, at least three months before the said entry into force, have deposited instruments of ratification or
accession not containing a declaration under paragraph (1)(b).
(c) With respect to any country of the Union not covered by subparagraph (b) and which ratifies or
accedes to this Act without making a declaration under paragraph (1)(b), Articles 1 to 21 and the Appendix
shall enter into force three months after the date on which the Director General has notified the deposit of
the relevant instrument of ratification or accession, unless a subsequent date has been indicated in the
instrument deposited. In the latter case, Articles 1 to 21 and the Appendix shall enter into force with respect
to that country on the date thus indicated.
(d) The provisions of subparagraphs (a) to (c) do not affect the application of Article VI of the
Appendix.
(3) With respect to any country of the Union which ratifies or accedes to this Act with or without a
declaration made under paragraph (1)(b), Articles 22 to 38 shall enter into force three months after the date
on which the Director General has notified the deposit of the relevant instrument of ratification or accession,
unless a subsequent date has been indicated in the instrument deposited. In the latter case, Articles 22 to 38
shall enter into force with respect to that country on the date thus indicated.
Article 29
[Acceptance and Entry Into Force for Countries Outside the Union: 1. Accession; 2. Entry into force]
(1) Any country outside the Union may accede to this Act and thereby become party to this Convention
and a member of the Union. Instruments of accession shall be deposited with the Director General.
(2)
(a) Subject to subparagraph (b), this Convention shall enter into force with respect to any country
outside the Union three months after the date on which the Director General has notified the deposit of its
instrument of accession, unless a subsequent date has been indicated in the instrument deposited. In the
latter case, this Convention shall enter into force with respect to that country on the date thus indicated.
(b) If the entry into force according to subparagraph (a) precedes the entry into force of Articles 1 to
21 and the Appendix according to Article 28(2)(a), the said country shall, in the meantime, be bound,
instead of by Articles 1 to 21 and the Appendix, by Articles 1 to 20 of the Brussels Act of this Convention.

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Article 29bis

[Effect of Acceptance of Act for the Purposes of Article 14(2) of the WIPO Convention]
Ratification of or accession to this Act by any country not bound by Articles 22 to 38 of the
Stockholm Act of this Convention shall, for the sole purposes of Article 14(2) of the Convention
establishing the Organization, amount to ratification of or accession to the said Stockholm Act with the
limitation set forth in Article 28(1)(b)(i) thereof.
Article 30
[Reservations: 1. Limits of possibility of making reservations; 2. Earlier reservations; reservation as to the
right of translation; withdrawal of reservation]
(1) Subject to the exceptions permitted by paragraph (2) of this Article, by Article 28(1)(b), by
Article 33(2), and by the Appendix, ratification or accession shall automatically entail acceptance of all the
provisions and admission to all the advantages of this Convention.
(2)
(a) Any country of the Union ratifying or acceding to this Act may, subject to Article V(2) of the
Appendix, retain the benefit of the reservations it has previously formulated on condition that it makes a
declaration to that effect at the time of the deposit of its instrument of ratification or accession.
(b) Any country outside the Union may declare, in acceding to this Convention and subject to
Article V(2) of the Appendix, that it intends to substitute, temporarily at least, for Article 8 of this Act
concerning the right of translation, the provisions of Article 5 of the Union Convention of 1886, as
completed at Paris in 1896, on the clear understanding that the said provisions are applicable only to
translations into a language in general use in the said country. Subject to Article I(6)(b) of the Appendix,
any country has the right to apply, in relation to the right of translation of works whose country of origin is a
country availing itself of such a reservation, a protection which is equivalent to the protection granted by the
latter country.
(c) Any country may withdraw such reservations at any time by notification addressed to the Director
General.
Article 31
[Applicability to Certain Territories: 1. Declaration; 2. Withdrawal of declaration; 3. Effective date;
4. Acceptance of factual situations not implied]
(1) Any country may declare in its instrument of ratification or accession, or may inform the Director
General by written notification at any time thereafter, that this Convention shall be applicable to all or part
of those territories, designated in the declaration or notification, for the external relations of which it is
responsible.
(2) Any country which has made such a declaration or given such a notification may, at any time, notify
the Director General that this Convention shall cease to be applicable to all or part of such territories.
(3)
(a) Any declaration made under paragraph (1) shall take effect on the same date as the ratification or
accession in which it was included, and any notification given under that paragraph shall take effect three
months after its notification by the Director General.
(b) Any notification given under paragraph (2) shall take effect twelve months after its receipt by the
Director General.
(4) This Article shall in no way be understood as implying the recognition or tacit acceptance by a
country of the Union of the factual situation concerning a territory to which this Convention is made
applicable by another country of the Union by virtue of a declaration under paragraph (1).

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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]
(1) This Act shall, as regards relations between the countries of the Union, and to the extent that it
applies, replace the Berne Convention of September 9, 1886, and the subsequent Acts of revision. The Acts
previously in force shall continue to be applicable, in their entirety or to the extent that this Act does not
replace them by virtue of the preceding sentence, in relations with countries of the Union which do not ratify
or accede to this Act.
(2) Countries outside the Union which become party to this Act shall, subject to paragraph (3), apply it
with respect to any country of the Union not bound by this Act or which, although bound by this Act, has
made a declaration pursuant to Article 28(1)(b). Such countries recognize that the said country of the Union,
in its relations with them:
(i) may apply the provisions of the most recent Act by which it is bound, and
(ii) subject to Article I(6) of the Appendix, has the right to adapt the protection to the level
provided for by this Act.
(3) Any country which has availed itself of any of the faculties provided for in the Appendix may apply
the provisions of the Appendix relating to the faculty or faculties of which it has availed itself in its relations
with any other country of the Union which is not bound by this Act, provided that the latter country has
accepted the application of the said provisions.
Article 33
[Disputes: 1. Jurisdiction of the International Court of Justice; 2. Reservation as to such jurisdiction; 3.
Withdrawal of reservation]
(1) 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 Statute 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.
(2) Each country may, at the time it signs this Act or deposits its instrument of ratification or accession,
declare that it does not consider itself bound by the provisions of paragraph (1). With regard to any dispute
between such country and any other country of the Union, the provisions of paragraph (1) shall not apply.
(3) Any country having made a declaration in accordance with the provisions of paragraph (2) may, at
any time, withdraw its declaration by notification addressed to the Director General.
Article 34
[Closing of Certain Earlier Provisions: 1. Of earlier Acts; 2. Of the Protocol to the Stockholm Act]
(1) Subject to Article 29bis no country may ratify or accede to earlier Acts of this Convention once
Articles 1 to 21 and the Appendix have entered into force.
(2) Once Articles 1 to 21 and the Appendix have entered into force, no country may make a declaration
under Article 5 of the Protocol Regarding Developing Countries attached 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]
(1) This Convention shall remain in force without limitation as to time.

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(2) Any country may denounce this Act by notification addressed to the Director General. Such
denunciation shall constitute also denunciation of all earlier Acts and shall affect only the country making it,
the Convention remaining in full force and effect as regards the other countries of the Union.
(3) Denunciation shall take effect one year after the day on which the Director General has received the
notification.
(4) The right of denunciation provided by this Article shall not be exercised by any country before the
expiration of five years from the date upon which it becomes a member of the Union.
Article 36
[Application of the Convention: 1. Obligation to adopt the necessary measures; 2. Time from which
obligation exists]
(1) Any country party to this Convention undertakes to adopt, in accordance with its constitution, the
measures necessary to ensure the application of this Convention.
(2) It is understood that, at the time a country becomes bound by this Convention, it will be in a position
under its domestic law to give effect to the provisions of this Convention.
Article 37
[Final Clauses: 1. Languages of the Act; 2. Signature; 3. Certified copies; 4. Registration; 5. Notifications]
(1)
(a) This Act shall be signed in a single copy in the French and English languages and, subject to
paragraph (2), shall be deposited with the Director General.
(b) Official texts shall be established by the Director General, after consultation with the interested
Governments, in the Arabic, German, Italian, Portuguese and Spanish languages, and such other languages
as the Assembly may designate.
(c) In case of differences of opinion on the interpretation of the various texts, the French text shall
prevail.
(2) This Act shall remain open for signature until January 31, 1972. Until that date, the copy referred to in
paragraph (1)(a) shall be deposited with the Government of the French Republic.
(3) The Director General shall certify and transmit two copies of the signed text of this Act to the
Governments of all countries of the Union and, on request, to the Government of any other country.
(4) The Director General shall register this Act with the Secretariat of the United Nations.
(5) The Director General shall notify the Governments of all countries of the Union of signatures,
deposits of instruments of ratification or accession and any declarations included in such instruments or
made pursuant to Articles 28(1)(c), 30(2)(a) and (b), and 33(2), entry into force of any provisions of this
Act, notifications of denunciation, and notifications pursuant to Articles 30(2)(c), 31(1) and (2), 33(3), and
38(1), as well as the Appendix.
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]
(1) Countries of the Union which have not ratified or acceded to this Act and which are not bound by
Articles 22 to 26 of the Stockholm Act of this Convention may, until April 26, 1975, exercise, if they so
desire, the rights provided under the said Articles as if they were bound by them. Any country desiring to
exercise such rights shall give written notification to this effect to the Director General; this notification
shall be effective on the date of its receipt. Such countries shall be deemed to be members of the Assembly
until the said date.

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(2) As long as all the countries of the Union have not become Members of the Organization, the
International Bureau of the Organization shall also function as the Bureau of the Union, and the Director
General as the Director of the said Bureau.
(3) Once all the countries of the Union have become Members of the Organization, the rights,
obligations, and property, of the Bureau of the Union shall devolve on the International Bureau of the
Organization.

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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]
(1) Any country regarded as a developing country in conformity with the established practice of the
General Assembly of the United Nations which ratifies or accedes to this Act, of which this Appendix forms
an integral part, and which, having regard to its economic situation and its social or cultural needs, does not
consider itself immediately in a position to make provision for the protection of all the rights as provided for
in this Act, may, by a notification deposited with the Director General at the time of depositing its
instrument of ratification or accession or, subject to Article V(1)(c), at any time thereafter, declare that it
will avail itself of the faculty provided for in Article II, or of the faculty provided for in Article III, or of
both of those faculties. It may, instead of availing itself of the faculty provided for in Article II, make a
declaration according to Article V(1)(a).
(2)
(a) Any declaration under paragraph (1) notified before the expiration of the period of ten years from
the entry into force of Articles 1 to 21 and this Appendix according to Article 28(2) shall be effective until
the expiration of the said period. Any such declaration may be renewed in whole or in part for periods of ten
years each by a notification deposited with the Director General not more than fifteen months and not less
than three months before the expiration of the ten-year period then running.
(b) Any declaration under paragraph (1) notified after the expiration of the period of ten years from
the entry into force of Articles 1 to 21 and this Appendix according to Article 28(2) shall be effective until
the expiration of the ten-year period then running. Any such declaration may be renewed as provided for in
the second sentence of subparagraph (a).
(3) Any country of the Union which has ceased to be regarded as a developing country as referred to in
paragraph (1) shall no longer be entitled to renew its declaration as provided in paragraph (2), and, whether
or not it formally withdraws its declaration, such country shall be precluded from availing itself of the
faculties referred to in paragraph (1) from the expiration of the ten-year period then running or from the
expiration of a period of three years after it has ceased to be regarded as a developing country, whichever
period expires later.
(4) Where, at the time when the declaration made under paragraph (1) or (2) ceases to be effective, there
are copies in stock which were made under a license granted by virtue of this Appendix, such copies may
continue to be distributed until their stock is exhausted.
(5) Any country which is bound by the provisions of this Act and which has deposited a declaration or a
notification in accordance with Article 31(1) with respect to the application of this Act to a particular
territory, the situation of which can be regarded as analogous to that of the countries referred to in
paragraph (1), may, in respect of such territory, make the declaration referred to in paragraph (1) and the
notification of renewal referred to in paragraph (2). As long as such declaration or notification remains in
effect, the provisions of this Appendix shall be applicable to the territory in respect of which it was made.
(6)
(a) The fact that a country avails itself of any of the faculties referred to in paragraph (1) does not
permit another country to give less protection to works of which the country of origin is the former country
than it is obliged to grant under Articles 1 to 20.
(b) The right to apply reciprocal treatment provided for in Article 30(2)(b), second sentence, shall not,
until the date on which the period applicable under Article I(3) expires, be exercised in respect of works the
country of origin of which is a country which has made a declaration according to Article V(1)(a).

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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]
(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall
be entitled, so far as works published in printed or analogous forms of reproduction are concerned, to
substitute for the exclusive right of translation provided for in Article 8 a system of non-exclusive and nontransferable licenses, granted by the competent authority under the following conditions and subject to
Article IV.
(2)
(a) Subject to paragraph (3), if, after the expiration of a period of three years, or of any longer period
determined by the national legislation of the said country, commencing on the date of the first publication of
the work, a translation of such work has not been published in a language in general use in that country by
the owner of the right of translation, or with his authorization, any national of such country may obtain a
license to make a translation of the work in the said language and publish the translation in printed or
analogous forms of reproduction.
(b) A license under the conditions provided for in this Article may also be granted if all the editions of
the translation published in the language concerned are out of print.
(3)
(a) In the case of translations into a language which is not in general use in one or more developed
countries which are members of the Union, a period of one year shall be substituted for the period of three
years referred to in paragraph (2)(a).
(b) Any country referred to in paragraph (1) may, with the unanimous agreement of the developed
countries which are members of the Union and in which the same language is in general use, substitute, in
the case of translations into that language, for the period of three years referred to in paragraph (2)(a) a
shorter period as determined by such agreement but not less than one year. However, the provisions of the
foregoing sentence shall not apply where the language in question is English, French or Spanish. The
Director General shall be notified of any such agreement by the Governments which have concluded it.
(4)
(a) No license obtainable after three years shall be granted under this Article until a further period of
six months has elapsed, and no license obtainable after one year shall be granted under this Article until a
further period of nine months has elapsed
(i) from the date on which the applicant complies with the requirements mentioned in
Article IV(1), or
(ii) where the identity or the address of the owner of the right of translation is unknown, from the
date on which the applicant sends, as provided for in Article IV(2), copies of his application
submitted to the authority competent to grant the license.
(b) If, during the said period of six or nine months, a translation in the language in respect of which
the application was made is published by the owner of the right of translation or with his authorization, no
license under this Article shall be granted.
(5) Any license under this Article shall be granted only for the purpose of teaching, scholarship or
research.
(6) If a translation of a work is published by the owner of the right of translation or with his authorization
at a price reasonably related to that normally charged in the country for comparable works, any license
granted under this Article shall terminate if such translation is in the same language and with substantially
the same content as the translation published under the license. Any copies already made before the license
terminates may continue to be distributed until their stock is exhausted.
(7) For works which are composed mainly of illustrations, a license to make and publish a translation of
the text and to reproduce and publish the illustrations may be granted only if the conditions of Article III are
also fulfilled.

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(8) No license shall be granted under this Article when the author has withdrawn from circulation all
copies of his work.
(9)
(a) A license to make a translation of a work which has been published in printed or analogous forms
of reproduction may also be granted to any broadcasting organization having its headquarters in a country
referred to in paragraph (1), upon an application made to the competent authority of that country by the said
organization, provided that all of the following conditions are met:
(i) the translation is made from a copy made and acquired in accordance with the laws of the said
country;
(ii) the translation is only for use 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 referred to in condition (ii) through
broadcasts made lawfully and intended for recipients on the territory of the said country,
including broadcasts made through the medium of sound or visual recordings lawfully and
exclusively made for the purpose of such broadcasts;
(iv) all uses made of the translation are without any commercial purpose.
(b) Sound or visual recordings of a translation which was made by a broadcasting organization under
a license granted by virtue of this paragraph may, for the purposes and subject to the conditions referred to
in subparagraph (a) and with the agreement of that organization, also be used by any other broadcasting
organization having its headquarters in the country whose competent authority granted the license in
question.
(c) Provided that all of the criteria and conditions set out in subparagraph (a) are met, a license may
also be granted to a broadcasting organization to translate any text incorporated in an audio-visual fixation
where such fixation was itself prepared and published for the sole purpose of being used in connection with
systematic instructional activities.
(d) Subject to subparagraphs (a) to (c), the provisions of the preceding paragraphs shall apply to the
grant and exercise of any license granted under this paragraph.
Article III
[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]
(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall
be entitled to substitute for the exclusive right of reproduction provided for in Article 9 a system of nonexclusive and non-transferable licenses, granted by the competent authority under the following conditions
and subject to Article IV.
(2)
(a) If, in relation to a work to which this Article applies by virtue of paragraph (7), after the expiration
of
(i) the relevant period specified in paragraph (3), commencing on the date of first publication of a
particular edition of the work, or
(ii) any longer period determined by national legislation of the country referred to in paragraph (1),
commencing on the same date,
copies of such edition have not been distributed in that country to the general public or in connection
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 country for comparable
works, any national of such country may obtain a license to reproduce and publish such edition at that
or a lower price for use in connection with systematic instructional activities.
(b) A license to reproduce and publish an edition which has been distributed as described in
subparagraph (a) may also be granted under the conditions provided for in this Article if, after the expiration
of the applicable period, no authorized copies of that edition have been on sale for a period of six months in

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the country concerned to the general public or in connection with systematic instructional activities at a
price reasonably related to that normally charged in the country for comparable works.
(3) The period referred to in paragraph (2)(a)(i) 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.
(4)
(a) No license obtainable after three years shall be granted under this Article until a period of six
months has elapsed
(i) from the date on which the applicant complies with the requirements mentioned in
Article IV(1), or
(ii) where the identity or the address of the owner of the right of reproduction is unknown, from the
date on which the applicant sends, as provided for in Article IV(2), copies of his application
submitted to the authority competent to grant the license.
(b) Where licenses are obtainable after other periods and Article IV(2) is applicable, no license shall
be granted until a period of three months has elapsed from the date of the dispatch of the copies of the
application.
(c) If, during the period of six or three months referred to in subparagraphs (a) and (b), a distribution
as described in paragraph (2)(a) has taken place, no license shall be granted under this Article.
(d) No license shall be granted if the author has withdrawn from circulation all copies of the edition
for the reproduction and publication of which the license has been applied for.
(5) A license 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, or
(ii) where the translation is not in a language in general use in the country in which the license is
applied for.
(6) If copies of an edition of a work are distributed in the country referred to in paragraph (1) to the
general public or in connection 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 country
for comparable works, any license granted under this Article shall terminate if such edition is in the same
language and with substantially the same content as the edition which was published under the said license.
Any copies already made before the license terminates may continue to be distributed until their stock is
exhausted.
(7)
(a) Subject to subparagraph (b), the works to which this Article applies shall be limited to works
published in printed or analogous forms of reproduction.
(b) This Article shall also apply to the reproduction in audio-visual form of lawfully made audiovisual fixations including any protected works incorporated therein and to the translation of any
incorporated text into a language in general use in the country in which the license is applied for, always
provided that the audio-visual fixations in question were prepared and published for the sole purpose of
being used in connection with systematic instructional activities.
Article IV
[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]
(1) A license under Article II or Article III may be granted only if the applicant, in accordance with the
procedure of the country concerned, establishes either that he has requested, and has been denied,
authorization by the owner of the right to make and publish the translation or to reproduce and publish the

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edition, as the case may be, or that, after due diligence on his part, he was unable to find the owner of the
right. At the same time as making the request, the applicant shall inform any national or international
information center referred to in paragraph (2).
(2) If the owner of the right cannot be found, the applicant for a license shall send, by registered airmail,
copies of his application, submitted to the authority competent to grant the license, to the publisher whose
name appears on the work and to any national or international information center which may have been
designated, in a notification to that effect deposited with the Director General, by the Government of the
country in which the publisher is believed to have his principal place of business.
(3) The name of the author shall be indicated on all copies of the translation or reproduction published
under a license granted under Article II or Article III. The title of the work shall appear on all such copies. In
the case of a translation, the original title of the work shall appear in any case on all the said copies.
(4)
(a) No license granted under Article II or Article III shall extend to the export of copies, and any such
license shall be valid only for publication of the translation or of the reproduction, as the case may be, in the
territory of the country in which it has been applied for.
(b) For the purposes of subparagraph (a), the notion of export shall include the sending of copies from
any territory to the country which, in respect of that territory, has made a declaration under Article I(5).
(c) Where a governmental or other public entity of a country which has granted a license to make a
translation under Article II into a language other than English, French or Spanish sends copies of a
translation published under such license to another country, such sending of copies shall not, for the
purposes of subparagraph (a), be considered to constitute export if all of the following conditions are met:
(i) the recipients are individuals who are nationals of the country whose competent authority has
granted the license, 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 any
commercial purpose; and
(iv) the country to which the copies have been sent has agreed with the country whose competent
authority has granted the license to allow the receipt, or distribution, or both, and the Director
General has been notified of the agreement by the Government of the country in which the
license has been granted.
(5) All copies published under a license granted by virtue of Article II or Article III shall bear a notice in
the appropriate language stating that the copies are available for distribution only in the country or territory
to which the said license applies.
(6)
(a) Due provision shall be made at the national level to ensure
(i) that the license provides, in favour of the owner of the right of translation or of reproduction, as
the case may be, for just compensation that is consistent with standards of royalties normally
operating on licenses freely negotiated between persons in the two countries concerned, and
(ii) payment and transmittal of the compensation: 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.
(b) Due provision shall be made by national legislation to ensure a correct translation of the
work, or an accurate reproduction of the particular edition, as the case may be.
Article V
[Alternative Possibility for 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]
(1)

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(a) Any country entitled to make a declaration that it will avail itself of the faculty provided for in
Article II may, instead, at the time of ratifying or acceding to this Act:
(i) if it is a country to which Article 30(2)(a) applies, make a declaration under that provision as
far as the right of translation is concerned;
(ii) if it is a country to which Article 30(2)(a) does not apply, and even if it is not a country outside
the Union, make a declaration as provided for in Article 30(2)(b), first sentence.
(b) In the case of a country which ceases to be regarded as a developing country as referred to in
Article I(1), a declaration made according to this paragraph shall be effective until the date on which the
period applicable under Article I(3) expires.
(c) Any country which has made a declaration according to this paragraph may not subsequently avail
itself of the faculty provided for in Article II even if it withdraws the said declaration.
(2) Subject to paragraph (3), any country which has availed itself of the faculty provided for in Article II
may not subsequently make a declaration according to paragraph (1).
(3) Any country which has ceased to be regarded as a developing country as referred to in Article I(1)
may, not later than two years prior to the expiration of the period applicable under Article I(3), make a
declaration to the effect provided for in Article 30(2)(b), first sentence, notwithstanding the fact that it is not
a country outside the Union. Such declaration shall take effect at the date on which the period applicable
under Article I(3) expires.
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]
(1) Any country of the Union may declare, as from the date of this Act, and at any time before becoming
bound by Articles 1 to 21 and this Appendix:
(i) if it is a country which, were it bound by Articles 1 to 21 and this Appendix, would be entitled
to avail itself of the faculties referred to in Article I(1), that it will apply the provisions of
Article II or of Article III or of both to works whose country of origin is a country which,
pursuant to (ii) below, admits the application of those Articles to such works, or which is bound
by Articles 1 to 21 and this Appendix; such declaration may, instead of referring to Article II,
refer to Article V;
(ii) that it admits the application of this Appendix to works of which it is the country of origin by
countries which have made a declaration under (i) above or a notification under Article I.
(2) Any declaration made under paragraph (1) shall be in writing and shall be deposited with the Director
General. The declaration shall become effective from the date of its deposit.

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WIPO Copyright Treaty
(WCT)*
(adopted in Geneva on December 20, 1996)
CONTENTS
Article
Preamble
Relation to the Berne Convention ..........................................................
Scope of Copyright Protection...............................................................
Application of Articles 2 to 6 of the Berne Convention.........................
Computer Programs ...............................................................................
Compilations of Data (Databases) .........................................................
Right of Distribution ..............................................................................
Right of Rental.......................................................................................
Right of Communication to the Public...................................................
Duration of the Protection of Photographic Works ................................
Limitations and Exceptions....................................................................
Obligations concerning Technological Measures ..................................
Obligations concerning Rights Management Information .....................
Application in Time ...............................................................................
Provisions on Enforcement of Rights.....................................................
Assembly ...............................................................................................
International Bureau...............................................................................
Eligibility for Becoming Party to the Treaty..........................................
Rights and Obligations under the Treaty................................................
Signature of the Treaty...........................................................................
Entry into Force of the Treaty................................................................
Effective Date of Becoming Party to the Treaty ....................................
No Reservations to the Treaty................................................................
Denunciation of the Treaty ....................................................................
Languages of the Treaty.........................................................................
Depositary..............................................................................................

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Preamble
The Contracting Parties,
Desiring to develop and maintain the protection of the rights of authors in their literary
and artistic works in a manner as effective and uniform as possible,
Recognizing the need to introduce new international rules and clarify the interpretation
of certain existing rules in order to provide adequate solutions to the questions raised by new
economic, social, cultural and technological developments,
Recognizing the profound impact of the development and convergence of information
and communication technologies on the creation and use of literary and artistic works,
Emphasizing the outstanding significance of copyright protection as an incentive for
literary and artistic creation,

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Recognizing the need to maintain a balance between the rights of authors and the larger
public interest, particularly education, research and access to information, as reflected in the
Berne Convention,
Have agreed as follows:
Article 1
Relation to the Berne Convention
(1) This Treaty is a special agreement within the meaning of Article 20 of the Berne
Convention for the Protection of Literary and Artistic Works, as regards Contracting Parties
that are countries of the Union established by that Convention. This Treaty shall not have any
connection with treaties other than the Berne Convention, nor shall it prejudice any rights and
obligations under any other treaties.
(2) Nothing in this Treaty shall derogate from existing obligations that Contracting
Parties have to each other under the Berne Convention for the Protection of Literary and
Artistic Works.
(3) Hereinafter, “Berne Convention” shall refer to the Paris Act of July 24, 1971, of the
Berne Convention for the Protection of Literary and Artistic Works.
(4) Contracting Parties shall comply with Articles 1 to 21 and the Appendix of the
Berne Convention.1
Article 2
Scope of Copyright Protection
Copyright protection extends to expressions and not to ideas, procedures, methods of
operation or mathematical concepts as such.
Article 3
Application of Articles 2 to 6 of the Berne Convention
Contracting Parties shall apply mutatis mutandis the provisions of Articles 2 to 6 of the
Berne Convention in respect of the protection provided for in this Treaty.2
Article 4
Computer Programs
Computer programs are protected as literary works within the meaning of Article 2 of
the Berne Convention. Such protection applies to computer programs, whatever may be the
mode or form of their expression.3
Article 5
Compilations of Data (Databases)

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Compilations of data or other material, in any form, which by reason of the selection or
arrangement of their contents constitute intellectual creations, are protected as such. This
protection does not extend to the data or the material itself and is without prejudice to any
copyright subsisting in the data or material contained in the compilation.4
Article 6
Right of Distribution
(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing
the making available to the public of the original and copies of their works through sale or
other transfer of ownership.
(2) Nothing in this Treaty shall affect the freedom of Contracting Parties to determine
the conditions, if any, under which the exhaustion of the right in paragraph (1) applies after
the first sale or other transfer of ownership of the original or a copy of the work with the
authorization of the author.5
Article 7
Right of Rental
(1) Authors of
(i) computer programs;
(ii) cinematographic works; and
(iii) works embodied in phonograms, as determined in the national law of Contracting
Parties,
shall enjoy the exclusive right of authorizing commercial rental to the public of the originals
or copies of their works.
(2) Paragraph (1) shall not apply
(i) in the case of computer programs, where the program itself is not the essential object
of the rental; and
(ii) in the case of cinematographic works, unless such commercial rental has led to
widespread copying of such works materially impairing the exclusive right of reproduction.
(3) Notwithstanding the provisions of paragraph (1), a Contracting Party that, on April
15, 1994, had and continues to have in force a system of equitable remuneration of authors for
the rental of copies of their works embodied in phonograms may maintain that system
provided that the commercial rental of works embodied in phonograms is not giving rise to
the material impairment of the exclusive right of reproduction of authors.6,7
Article 8
Right of Communication to the Public

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Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i) and (ii),
11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention, authors of literary and artistic
works shall enjoy the exclusive right of authorizing any communication to the public of their
works, by wire or wireless means, including the making available to the public of their works
in such a way that members of the public may access these works from a place and at a time
individually chosen by them.8
Article 9
Duration of the Protection of Photographic Works
In respect of photographic works, the Contracting Parties shall not apply the provisions
of Article 7(4) of the Berne Convention.
Article 10
Limitations and Exceptions
(1) Contracting Parties may, in their national legislation, provide for limitations of or
exceptions to the rights granted to authors of literary and artistic works under this Treaty in
certain special cases that do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the author.
(2) Contracting Parties shall, when applying the Berne Convention, confine any
limitations of or exceptions to rights provided for therein to certain special cases that do not
conflict with a normal exploitation of the work and do not unreasonably prejudice the
legitimate interests of the author.9
Article 11
Obligations concerning Technological Measures
Contracting Parties shall provide adequate legal protection and effective legal remedies
against the circumvention of effective technological measures that are used by authors in
connection with the exercise of their rights under this Treaty or the Berne Convention and that
restrict acts, in respect of their works, which are not authorized by the authors concerned or
permitted by law.
Article 12
Obligations concerning Rights Management Information
(1) Contracting Parties shall provide adequate and effective legal remedies against any
person knowingly performing any of the following acts knowing, or with respect to civil
remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal
an infringement of any right covered by this Treaty or the Berne Convention:
(i) to remove or alter any electronic rights management information without authority;

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(ii) to distribute, import for distribution, broadcast or communicate to the public,
without authority, works or copies of works knowing that electronic rights management
information has been removed or altered without authority.
(2) As used in this Article, “rights management information” means information which
identifies the work, the author of the work, the owner of any right in the work, or information
about the terms and conditions of use of the work, and any numbers or codes that represent
such information, when any of these items of information is attached to a copy of a work or
appears in connection with the communication of a work to the public.10
Article 13
Application in Time
Contracting Parties shall apply the provisions of Article 18 of the Berne Convention to
all protection provided for in this Treaty.
Article 14
Provisions on Enforcement of Rights
(1) Contracting Parties undertake to adopt, in accordance with their legal systems, the
measures necessary to ensure the application of this Treaty.
(2) Contracting Parties shall ensure that enforcement procedures are available under
their law so as to permit effective action against any act of infringement of rights covered by
this Treaty, including expeditious remedies to prevent infringements and remedies which
constitute a deterrent to further infringements.
Article 15
Assembly
(1)(a) The Contracting Parties shall have an Assembly.
(b) Each Contracting Party shall be represented by one delegate who may be assisted
by alternate delegates, advisors and experts.
(c) The expenses of each delegation shall be borne by the Contracting Party that has
appointed the delegation. The Assembly may ask the World Intellectual Property
Organization (hereinafter referred to as “WIPO”) to grant financial assistance to facilitate the
participation of delegations of Contracting Parties that are regarded as developing countries in
conformity with the established practice of the General Assembly of the United Nations or
that are countries in transition to a market economy.
(2)(a) The Assembly shall deal with matters concerning the maintenance and
development of this Treaty and the application and operation of this Treaty.
(b) The Assembly shall perform the function allocated to it under Article 17(2) in
respect of the admission of certain intergovernmental organizations to become party to this
Treaty.

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(c) The Assembly shall decide the convocation of any diplomatic conference for the
revision of this Treaty and give the necessary instructions to the Director General of WIPO
for the preparation of such diplomatic conference.
(3)(a) Each Contracting Party that is a State shall have one vote and shall vote only in
its own name.
(b) Any Contracting Party that is an intergovernmental organization may participate in
the vote, in place of its Member States, with a number of votes equal to the number of its
Member States which are party to this Treaty. No such intergovernmental organization shall
participate in the vote if any one of its Member States exercises its right to vote and vice
versa.
(4) The Assembly shall meet in ordinary session once every two years upon
convocation by the Director General of WIPO.
(5) The Assembly shall establish its own rules of procedure, including the convocation
of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this
Treaty, the required majority for various kinds of decisions.
Article 16
International Bureau
The International Bureau of WIPO shall perform the administrative tasks concerning the
Treaty.
Article 17
Eligibility for Becoming Party to the Treaty
(1) Any Member State of WIPO may become party to this Treaty.
(2) The Assembly may decide to admit any intergovernmental organization to become
party to this Treaty which declares that it is competent in respect of, and has its own
legislation binding on all its Member States on, matters covered by this Treaty and that it has
been duly authorized, in accordance with its internal procedures, to become party to this
Treaty.
(3) The European Community, having made the declaration referred to in the preceding
paragraph in the Diplomatic Conference that has adopted this Treaty, may become party to
this Treaty.
Article 18
Rights and Obligations under the Treaty
Subject to any specific provisions to the contrary in this Treaty, each Contracting Party
shall enjoy all of the rights and assume all of the obligations under this Treaty.

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Article 19
Signature of the Treaty
This Treaty shall be open for signature until December 31, 1997, by any Member State
of WIPO and by the European Community.
Article 20
Entry into Force of the Treaty
This Treaty shall enter into force three months after 30 instruments of ratification or
accession by States have been deposited with the Director General of WIPO.
Article 21
Effective Date of Becoming Party to the Treaty
This Treaty shall bind:
(i) the 30 States referred to in Article 20, from the date on which this Treaty has entered
into force;
(ii) each other State, from the expiration of three months from the date on which the
State has deposited its instrument with the Director General of WIPO;
(iii) the European Community, from the expiration of three months after the deposit of
its instrument of ratification or accession if such instrument has been deposited after the entry
into force of this Treaty according to Article 20, or, three months after the entry into force of
this Treaty if such instrument has been deposited before the entry into force of this Treaty;
(iv) any other intergovernmental organization that is admitted to become party to this
Treaty, from the expiration of three months after the deposit of its instrument of accession.
Article 22
No Reservations to the Treaty
No reservation to this Treaty shall be admitted.
Article 23
Denunciation of the Treaty
This Treaty may be denounced by any Contracting Party by notification addressed to
the Director General of WIPO. Any denunciation shall take effect one year from the date on
which the Director General of WIPO received the notification.
Article 24
Languages of the Treaty
(1) This Treaty is signed in a single original in English, Arabic, Chinese, French,
Russian and Spanish languages, the versions in all these languages being equally authentic.

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(2) An official text in any language other than those referred to in paragraph (1) shall
be established by the Director General of WIPO on the request of an interested party, after
consultation with all the interested parties. For the purposes of this paragraph, “interested
party” means any Member State of WIPO whose official language, or one of whose official
languages, is involved and the European Community, and any other intergovernmental
organization that may become party to this Treaty, if one of its official languages is involved.
Article 25
Depositary
The Director General of WIPO is the depositary of this Treaty.

* Entry into force: March 6, 2002.
Source: International Bureau of WIPO.
Note: The agreed statements of the Diplomatic Conference that adopted the Treaty (WIPO Diplomatic
Conference on Certain Copyright and Neighboring Rights Questions) concerning certain provisions of the WCT are
reproduced in endnotes below.
1

Agreed statement concerning Article 1(4): The reproduction right, as set out in Article 9 of the Berne
Convention, and the exceptions permitted thereunder, fully apply in the digital environment, in particular to the use of works
in digital form. It is understood that the storage of a protected work in digital form in an electronic medium constitutes a
reproduction within the meaning of Article 9 of the Berne Convention.
2

Agreed statement concerning Article 3: It is understood that, in applying Article 3 of this Treaty, the expression
“country of the Union” in Articles 2 to 6 of the Berne Convention will be read as if it were a reference to a Contracting Party
to this Treaty, in the application of those Berne Articles in respect of protection provided for in this Treaty. It is also
understood that the expression “country outside the Union” in those Articles in the Berne Convention will, in the same
circumstances, be read as if it were a reference to a country that is not a Contracting Party to this Treaty, and that “this
Convention” in Articles 2(8), 2bis(2), 3, 4 and 5 of the Berne Convention will be read as if it were a reference to the Berne
Convention and this Treaty. Finally, it is understood that a reference in Articles 3 to 6 of the Berne Convention to a “national
of one of the countries of the Union” will, when these Articles are applied to this Treaty, mean, in regard to an
intergovernmental organization that is a Contracting Party to this Treaty, a national of one of the countries that is member of
that organization.
3

Agreed statement concerning Article 4: The scope of protection for computer programs under Article 4 of this
Treaty, read with Article 2, is consistent with Article 2 of the Berne Convention and on a par with the relevant provisions of
the TRIPS Agreement.
4
Agreed statement concerning Article 5: The scope of protection for compilations of data (databases) under
Article 5 of this Treaty, read with Article 2, is consistent with Article 2 of the Berne Convention and on a par with the
relevant provisions of the TRIPS Agreement.
5
Agreed statement concerning Articles 6 and 7: As used in these Articles, the expressions “copies” and “original
and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer exclusively to fixed
copies that can be put into circulation as tangible objects.
6

Agreed statement concerning Articles 6 and 7: As used in these Articles, the expressions “copies” and “original
and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer exclusively to fixed
copies that can be put into circulation as tangible objects.
7

Agreed statement concerning Article 7: It is understood that the obligation under Article 7(1) does not require a
Contracting Party to provide an exclusive right of commercial rental to authors who, under that Contracting Party’s law, are
not granted rights in respect of phonograms. It is understood that this obligation is consistent with Article 14(4) of the TRIPS
Agreement.

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8
Agreed statement concerning Article 8: It is understood that the mere provision of physical facilities for enabling
or making a communication does not in itself amount to communication within the meaning of this Treaty or the Berne
Convention. It is further understood that nothing in Article 8 precludes a Contracting Party from applying Article 11bis(2).
9

Agreed statement concerning Article 10: It is understood that the provisions of Article 10 permit Contracting
Parties to carry forward and appropriately extend into the digital environment limitations and exceptions in their national
laws which have been considered acceptable under the Berne Convention. Similarly, these provisions should be understood
to permit Contracting Parties to devise new exceptions and limitations that are appropriate in the digital network
environment.
It is also understood that Article 10(2) neither reduces nor extends the scope of applicability of the limitations and
exceptions permitted by the Berne Convention.
10

Agreed statement concerning Article 12: It is understood that the reference to “infringement of any right covered
by this Treaty or the Berne Convention” includes both exclusive rights and rights of remuneration.
It is further understood that Contracting Parties will not rely on this Article to devise or implement rights
management systems that would have the effect of imposing formalities which are not permitted under the Berne Convention
or this Treaty, prohibiting the free movement of goods or impeding the enjoyment of rights under this Treaty.

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