346
THE NEW ZEALAND GAZETTE.
[No. 17

THE FOREIGN OFFICE TO THE COLONIAL OFFICE.

Foreign Office, 31st October, 1887.

SIR,—I am directed by the Marquis of Salisbury to transmit
to you, to be laid before Sir Henry Holland, and for com-
munication to the colonies, copies of a parliamentary paper
containing the text of the convention concerning the creation
of an International Union for the protection of literary and
artistic works, signed at Berne, the 9th September, 1886.

The following States, viz., Great Britain, Germany,
Belgium, Spain, France, Haiti, Italy, Switzerland, and
Tunis, have ratified the convention, and the ratifications of
those States were deposited at Berne on the 5th of Septem-
ber last.

I am to add that steps have been taken for the passing of
an Order in Council for bringing the convention into effect
three months after the date of the deposit of the ratifications,
in conformity with the stipulations of Article XX.

I have, &c.,
T. V. LISTER.

The Under-Secretary of State, Colonial Office.

CONVENTION CONCERNING THE CREATION OF AN INTER-
NATIONAL UNION FOR THE PROTECTION OF LITERARY AND
ARTISTIC WORKS.

Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India; His Majesty the
German Emperor, King of Prussia; His Majesty the King
of the Belgians; Her Majesty the Queen Regent of Spain,
in the name of His Catholic Majesty the King of Spain; the
President of the French Republic; the President of the
Republic of Haiti; His Majesty the King of Italy; the Pre-
sident of the Republic of Liberia; the Federal Council of the
Swiss Confederation; His Highness the Bey of Tunis,

Being equally animated by the desire to protect effectively,
and in as uniform a manner as possible, the rights of authors
over their literary and artistic works,

Have resolved to conclude a convention to that effect,
and have named for their Plenipotentiaries, that is to say,—
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India,—Sir Francis Ottiwell
Adams, Knight Commander of the Most Distinguished Order
of Saint Michael and St. George, Companion of the Most
Honourable Order of the Bath, her Envoy Extraordinary
and Minister Plenipotentiary at Berne; and John Henry
Gibbs Bergne, Esquire, Companion of the Most Distinguished
Order of St. Michael and St. George, Director of a Depart-
ment in the Foreign Office at London :

His Majesty the German Emperor, King of Prussia,—M.
Otto von Bülow, Privy Councillor of Legation, and Chamber-
lain of His Majesty, his Envoy Extraordinary and Minister
Plenipotentiary to the Swiss Confederation :

His Majesty the King of the Belgians,—M. Maurice Del-
fosse, his Envoy Extraordinary and Minister Plenipotentiary
to the Swiss Confederation :

Her Majesty the Queen Regent of Spain, in the name of
His Catholic Majesty the King of Spain,—the Count de la
Almina, Senator, Envoy Extraordinary and Minister Pleni-
potentiary to the Swiss Confederation; M. Don José Villa-
Amil y Castro, Chief of the Section of Intellectual Property
in the Ministry of Public Instruction, Doctor of Civil and
Canon Law, Member of the Facultative Corps of Archivists,
Librarians, and Archeologists, and of the Academies of His-
tory, of the Fine Arts of St. Ferdinand, and of the Academy
of Sciences at Lisbon :

The President of the French Republic,—M. François Victor-
Emmanuel Arago, Senator, Ambassador from the French
Republic to the Swiss Confederation :

The President of the Republic of Haiti,—M. Louis Joseph
Janvier, Doctor of Medicine of the Faculty of Paris, Prize-
man of the Faculty of Medicine of Paris, bearing diplomas
from the School of Political Sciences of Paris (Administra-
tive and Diplomatic Sections), decorated with the Haitian
Medal of the third class :

His Majesty the King of Italy,—M. Charles Emmanuel
Beccaria des Marquis d'Incisa, Chevalier of the Orders of
Saints Maurice and Lazarus, and of the Crown of Italy, his
Chargé d'Affaires to the Swiss Confederation :

The President of the Republic of Liberia,—M. William
Koentzer, Imperial Councillor, Consul-General, Member of
the Chamber of Commerce of Vienna :

The Federal Council of the Swiss Confederation,—M. Numa
Droz, Vice-President of the Federal Council, Head of the
Department of Commerce and Agriculture ; M. Louis
Ruchonnet, Federal Councillor, Chief of the Department of
Justice and Police ; M. A. D'Orelli, Professor of Law at the
University of Zurich :

His Highness the Bey of Tunis,—M. Louis Renault, Pro-
fessor to the Faculty of Law of Paris, and to the Free School
of Political Sciences, Chevalier of the Order of the Legion of
Honour, and Chevalier of the Order of the Crown of Italy,

Who, having communicated to each other their respective
full powers, found in good and due form, have agreed upon
the following articles:—

ARTICLE I.

The contracting States are constituted into a Union for
the protection of the rights of authors over their literary and
artistic works.

ARTICLE II.

Authors of any of the countries of the Union, or their law-
ful representatives, shall enjoy in the other countries for
their works, whether published in one of those countries or
unpublished, the rights which the respective laws do now or
may hereafter grant to natives.

The enjoyment of these rights is subject to the accomplish-
ment of the conditions and formalities prescribed by law in
the country of origin of the work, and cannot exceed in the
other countries the term of protection granted in the said
country of origin.

The country of origin of the work is that in which the
work is first published, or, if such publication takes place
simultaneously in several countries of the Union, that one
of them in which the shortest term of protection is granted
by law.

For unpublished works the country to which the author
belongs is considered the country of origin of the work.

ARTICLE III.

The stipulations of the present convention apply equally
to the publishers of literary and artistic works published in
one of the countries of the Union, but of which the authors
belong to a country which is not a party to the Union.

ARTICLE IV.

The expression “literary and artistic works” comprehends
books, pamphlets, and all other writings; dramatic or
dramatico-musical works, musical compositions with or
without words; works of design, painting, sculpture, and
engraving; lithographs, illustrations, geographical charts;
plans, sketches, and plastic works relative to geography,
topography, architecture, or science in general; in fact,
every production whatsoever in the literary, scientific, or
artistic domain which can be published by any mode of
impression or reproduction.

ARTICLE V.

Authors of any of the countries of the Union, or their
lawful representatives, shall enjoy in the other countries the
exclusive right of making or authorising the translation of
their works until the expiration of ten years from the pub-
lication of the original work in one of the countries of the
Union.

For works published in incomplete parts (“livraisons”),
the period of ten years commences from the date of publica-
tion of the last part of the original work.

For works composed of several volumes published at inter-
vals, as well as for bulletins or collections (“cahiers”) pub-
lished by literary or scientific societies, or by private persons,
each volume, bulletin, or collection is, with regard to the
period of ten years, considered as a separate work.

In the cases provided for by the present article, and for
the calculation of the period of protection, the 31st Decem-
ber of the year in which the work was published is admitted
as the date of publication.

ARTICLE VI.

Authorised translations are protected as original works.
They consequently enjoy the protection stipulated in Articles
II. and III. as regards their unauthorised reproduction in
the countries of the Union.

It is understood that, in the case of a work for which the
translating-right has fallen into the public domain, the
translator cannot oppose the translation of the same work
by other writers.

ARTICLE VII.

Articles from newspapers or periodicals published in any
of the countries of the Union may be reproduced in original
or in translation in the other countries of the Union, unless
the authors or publishers have expressly forbidden it. For
periodicals it is sufficient if the prohibition is made in a
general manner at the beginning of each number of the
periodical.

This prohibition cannot in any case apply to articles of
political discussion, or to the reproduction of news of the
day or current topics.

ARTICLE VIII.

As regards the liberty of extracting portions from literary
or artistic works for use in publications destined for educa-
tional or scientific purposes, or for chrestomathies, the
matter is to be decided by the legislation of the different
countries of the Union, or by special arrangements existing
or to be concluded between them.

ARTICLE IX.

The stipulations of Article II. apply to the public repre-
sentation of dramatic or dramatico-musical works, whether
such works be published or not.