Mar. 15.] THE NEW ZEALAND GAZETTE. 347

Authors of dramatic or dramatico-musical works, or their
lawful representatives, are, during the existence of their
exclusive right of translation, equally protected against the
unauthorised public representation of translations of their
works.

The stipulations of Article II. apply equally to the public
performance of unpublished musical works or of published
works in which the author has expressly declared on the
title-page or commencement of the work that he forbids the
public performance.

ARTICLE X.

Unauthorised indirect appropriations of a literary or
artistic work, of various kinds, such as adaptations, arrange-
ments of music, &c., are specially included amongst the
illicit productions to which the present convention applies
when they are only the reproduction of a particular work in
the same form, or in another form with non-essential altera-
tions, additions, or abridgments so made as not to confer
the character of a new original work.

It is agreed that, in the application of the present article,
the tribunals of the various countries of the Union will, if
there is occasion, conform themselves to the provisions of
their respective laws.

ARTICLE XI.

In order that the authors of works protected by the pre-
sent convention shall, in the absence of proof to the con-
trary, be considered as such, and be consequently admitted
to institute proceedings against pirates before the Courts of
the various countries of the Union, it will be sufficient that
their name be indicated on the work in the accustomed
manner.

For anonymous or pseudonymous works the publisher
whose name is indicated on the work is entitled to protect
the rights belonging to the author. He is, without other
proof, reputed the lawful representative of the anonymous
or pseudonymous author.

It is, nevertheless, agreed that the tribunals may, if
necessary, require the production of a certificate from the
competent authority to the effect that the formalities pre-
scribed by law in the country of origin have been accom-
plished, as contemplated in Article II.

ARTICLE XII.

Pirated works may be seized on importation into those
countries of the Union where the original work enjoys legal
protection.

The seizure shall take place conformably to the domestic
law of each State.

ARTICLE XIII.

It is understood that the provisions of the present conven-
tion cannot in any way derogate from the right belonging to
the Government of each country of the Union to permit, to
control, or to prohibit, by measures of domestic legislation
or police, the circulation, representation, or exhibition of
any works or productions in regard to which the competent
authority may find it necessary to exercise that right.

ARTICLE XIV.

Under the reserves and conditions to be determined by
common agreement* the present convention applies 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.

ARTICLE XV.

It is understood that the Governments of the countries of
the Union reserve to themselves respectively the right to
enter into separate and particular arrangements between
each other, provided always that such arrangements confer
upon authors or their lawful representatives more extended
rights than those granted by the Union, or embody other
stipulations not contrary to the present convention.

ARTICLE XVI.

An international office is established, under the name of
"Office of the International Union for the Protection of
Literary and Artistic Works."

This office, of which the expenses will be borne by the
Administrations of all the countries of the Union, is placed
under the high authority of the Superior Administration of
the Swiss Confederation, and works under its direction.
The functions of this office are determined by common
accord between the countries of the Union.

ARTICLE XVII.

The present convention may be submitted to revisions in
order to introduce therein amendments calculated to perfect
the system of the Union.

Questions of this kind, as well as those which are of
interest to the Union in other respects, will be considered
in conferences to be held successively in the countries of the
Union by delegates of the said countries.

• See paragraph 4 of Final Protocol.

It is understood that no alteration in the present conven-
tion shall be binding on the Union except by the unanimous
consent of the countries composing it.

ARTICLE XVIII.

Countries which have not become parties to the present
convention, and which grant by their domestic law the pro-
tection of rights secured by this convention, shall be ad-
mitted to accede thereto on request to that effect.

Such accession shall be notified in writing to the Govern-
ment of the Swiss Confederation, who will communicate it
to all the other countries of the Union.

Such accession shall imply full adhesion to all the clauses
and admission to all the advantages provided by the pre-
sent convention.

ARTICLE XIX.

Countries acceding to the present convention shall also
have the right to accede thereto at any time for their colo-
nies or foreign possessions.

They may do this either by a general declaration com-
prehending all their colonies or possessions within the acces-
sion, or by specially naming those comprised therein, or by
simply indicating those which are excluded.

ARTICLE XX.

The present convention shall be put in force three months
after the exchange of the ratifications, and shall remain in
effect for an indefinite period until the termination of a
year from the day on which it may have been denounced.

Such denunciation shall be made to the Government
authorised to receive accessions, and shall only be effective
as regards the country making it, the convention remaining
in full force and effect for the other countries of the Union.

ARTICLE XXI.

The present convention shall be ratified and the ratifica-
tions exchanged at Berne within the space of one year at
the latest.

In witness whereof, the respective Plenipotentiaries have
signed the same, and have affixed thereto the seal of their
arms.

Done at Berne, the 9th day of September, 1886.

(L.S.) F. O. ADAMS.
(L.S.) J. H. G. BERGNE.
(L.S.) OTTO VON BÜLOW.
(L.S.) MAURICE DELFOSSE.
(L.S.) COMTE DE LA ALMINA Y CASTRO.
(L.S.) JOSÉ VILLA-AMIL.
(L.S.) EMMANUEL ARAGO.
(L.S.) LOUIS-JOSEPH JANVIER.
(L.S.) E. DI BECCARIA.
(L.S.) KENTZER.
(L.S.) DROZ.
(L.S.) L. RUCHONNET.
(L.S.) A. D'ORELLI.
(L.S.) L. RENAULT.

ADDITIONAL ARTICLE.

The Plenipotentiaries assembled to sign the convention
concerning the creation of an International Union for pro-
tection of literary and artistic works have agreed upon the
following additional Article, which shall be ratified together
with the convention to which it relates:—

The convention concluded this day in no wise affects the
maintenance of existing conventions between the contract-
ing States, provided always that such conventions confer on
authors, or their lawful representatives, rights more ex-
tended than those secured by the Union, or contain other
stipulations which are not contrary to the said convention.

In witness whereof the respective Plenipotentiaries have
signed the present Additional Article.

Done at Berne, the 9th day of September, 1886.

(L.S.) F. O. ADAMS.
(L.S.) J. H. G. BERGNE.
(L.S.) OTTO VON BÜLOW.
(L.S.) MAURICE DELFOSSE.
(L.S.) ALMINA.
(L.S.) VILLA-AMIL.
(L.S.) EMMANUEL ARAGO.
(L.S.) LOUIS-JOSEPH JANVIER.
(L.S.) E. DI BECCARIA.
(L.S.) KENTZER.
(L.S.) DROZ.
(L.S.) L. RUCHONNET.
(L.S.) A. D'ORELLI.
(L.S.) L. RENAULT.

FINAL PROTOCOL.

In proceeding to the signature of the convention concluded
this day the undersigned Plenipotentiaries have declared
and stipulated as follows:—