Einde inhoudsopgave
Universal Copyright Convention
Article V
Geldend
Geldend vanaf 16-09-1955
- Bronpublicatie:
06-09-1952, Trb. 1955, 46 (uitgifte: 26-04-1955, kamerstukken/regelingnummer: -)
- Inwerkingtreding
16-09-1955
- Bronpublicatie inwerkingtreding:
14-04-1960, Trb. 1960, 34 (uitgifte: 01-01-1960, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Auteursrecht
1.
Copyright shall include the exclusive right of the author to make, publish, and authorize the making and publication of translations of works protected under this Convention.
2.
However, any Contracting State may, by its domestic legislation, restrict the right of translation of writings, but only subject to the following provisions:
If, after the expiration of a period of seven years from the date of the first publication of a writing, a translation of such writing has not been published in the national language or languages, as the case may be, of the Contracting State, by the owner of the right of translation or with his authorization, any national of such Contracting State may obtain a non-exclusive license from the competent authority thereof to translate the work and publish the work so translated in any of the national languages in which it has not been published; provided that such national, in accordance with the procedure of the State concerned, establishes either that he has requested, and been denied, authorization by the proprietor of the right to make and publish the translation, or that, after due diligence on his part, he was unable to find the owner of the right. A license may also be granted on the same conditions if all previous editions of a translation in such language are out of print.
If the owner of the right of translation cannot be found, then the applicant for a license shall send copies of his application to the publisher whose name appears on the work and, if the nationality of the owner of the right of translation is known, to the diplomatic or consular representative of the State of which such owner is a national, or to the organization which may have been designated by the government of that State. The license shall not be granted before the expiration of a period of two months from the date of the dispatch of the copies of the application.
Due provision shall be made by domestic legislation to assure to the owner of the right of translation a compensation which is just and conforms to international standards, to assure payment and transmittal of such compensation, and to assure a correct translation of the work.
The original title and the name of the author of the work shall be printed on all copies of the published translation. The license shall be valid only for publication of the translation in the territory of the Contracting State where it has been applied for. Copies so pubblished[lees: published] may be imported and sold in another Contracting State if one of the national languages of such other State is the same language as that into which the work has been so translated, and if the domestic law in such other State makes provision for such licenses and does not prohibit such importation and sale. Where the foregoing conditions do not exist, the importation and sale of such copies in a Contracting State shall be governed by its domestic law and its agreements. The license shall not be transferred by the licensee.
The license shall not be granted when the author has withdrawn from circulation all copies of the work.