Developing countries and the Berne Convention

The most important concern in the last revision of the Berne Convention continued to be the strengthening of the Convention. The latest Paris Act of the Berne Convention thus recognizes a particular right in favor of developing countries. When the identity of the author is unknown, but there are every reason to assume that he is a national of a country of the Union, the rights to such work shall be recognized in all countries of the Union. Through this provision, the Berne Convention has made it possible for developing countries to protect their folklore abroad as well. The designation of the competent authority that must represent the unknown author and protect and enforce his rights in the countries of the Union was incorporated into the legislation of the country of origin of such works. By providing for the filing of actions by the authorities designated by the State, the Berne Convention offers developing countries the possibility of protecting it.

In the Appendix, which is a vital part of the Paris Act, special provisions relating to developing countries were included. The Appendix provides for the possibility of granting non-exclusive and non-transferable compulsory licenses with respect to translation for teaching, academic or research purposes, as well as reproduction for use in connection with systematic instruction activities protected by the Convention. These licenses can be granted after the expiration of certain terms, as well as after the fulfillment of certain procedural steps by the competent authority of the developing country in question. They must provide fair compensation in favor of the owner of the right. The payment to be made by the compulsory licensee must be consistent with the royalty rules generally in vogue with respect to licenses freely negotiated between persons in the two countries concerned. Steps must also be taken to ensure a correct translation or exact reproduction of the work and to specify the name of the author on all copies of such translations or reproductions.

Compulsory licenses may be granted for translations from languages ​​normally spoken in the developing country concerned. There is a difference between the languages ​​in general use also in one or more developed countries, as well as those that are not in general use there. In the case of a language in general use in one or more developed countries, a period of three years must elapse, from the date of the first publication of the work, before a license can be applied for. To this must be added a period of six to nine months to obtain licenses according to the formalities provided for in the Agreement. It is also significant here to point out that the translation licensing system includes broadcasting licences, and this is essential if one takes into account the role played in the current context by both radio and television for educational purposes. These licenses are not to authorize the dissemination of a translated work. They refer only to translations made for broadcasting purposes.

Regarding reproduction, the period after which licenses can be obtained varies according to the nature of the work to be reproduced. In general it is five years from the first publication. For jobs related to the natural and physical sciences and technology, the term is three years. For works of fiction, poetry and theater, the term is seven years.