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(II) the rates contained in any license negotiated under section 116A(C).

§ 804. Institution and conclusion of proceedings

(a) With respect to proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided in sections 115 and 116, and with respect to proceedings under section 801(bX2) (A) and (D

(1) on January 1, 1980, the Chairman of the Tribunal shall cause to be published in the Federal Register notice of commencement of proceedings under this chapter; and

(2) during the calendar years specified in the following schedule, any owner or user of a copyrighted work whose royalty rates are specified by this title, or by a rate established by the Tribunal, may file a petition with the Tribunal declaring that the petitioner requests an adjustment of the rate. The Tribunal shall make a determination as to whether the applicant has a significant interest in the royalty rate in which an adjustment is requested. If the Tribunal determines that the petitioner has a significant interest, the chairman shall cause notice of this determination, with the reasons therefor, to be published in the Federal Register, together with notice of commencement of proceedings under this chapter.

(A) In proceedings under section 801(bX2) (A) and (D), such petition may be filed during 1985 and in each subse quent fifth calendar year.

(B) In proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided in section 115, such petition may be filed in 1987 and in each subsequent tenth calendar year.

[(C) In proceedings under section 801(b)(1) concerning the adjustmetn of royalty rates under section 116, such petition may be filed in 1990 and in each subsequent tenth calendar year.]

(C) In proceedings under section 80106X1) concerning the adjustment of royalty rates under section 116–

(i) such petition may be filed in 1990 and in each subsequent tenth calendar year, or

(ii) if no petition is filed in 1990 on account of the applicability of negotiated licenses under section 116A, and thereafter section 115 becomes effective with respect to musical works under subsection (6X2) or (g of section 116A, then a petition under this paragraph may be filed in the year in which section 116 becomes so ef

fective and in each subsequent tenth calendar year. If clause (ii) becomes applicable, then clause (i) shall thereafter no longer be effective.

APPENDIX II.-TEXT OF CONVENTIONS

Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 24 July 1971)

The countries of the Union, being cqually 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,

Recognising 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 maincaining without change Articles i to 20 and 22 to 26 of that Act.

Consequently, the undersigned Plenipotentiaries, having presented their full powers, recognised as in good and due form, have agreed as follows:

Article 1

(Establishment of a Union' The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.

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1

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

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 dramatico-musical 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 intellec

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644 Appendix 1 tual creations shall be protected as such, without prejudice to the copyright in cach of the works forming part of such collections. (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 miscel. laneous facts having the character of mere items of press information.

Article z bis

(Possible Limitation of Protection of Cerlain 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 11 bis (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.

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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.

Appendix i 645

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 Cerlain 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

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646 Appendix 1 works thus subjected to special treatment a wider protection than that granted to them in the country of first publication. (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 Organisation (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 6 bis (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 honour 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 authorised by the legislation of the country where protection is claimed. However, thosc 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 compu. tation; 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 pscudonymous 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. (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

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