348
THE NEW ZEALAND GAZETTE.
[No. 17

1. As regards Article IV., it is agreed that those countries
   of the Union where the character of artistic works is not
   refused to photographs engage to admit them to the benefits
   of the convention concluded to-day, from the date of its
   coming into effect. They are, however, not bound to pro-
   tect the authors of such works further than is permitted by
   their own legislation, except in the case of international
   engagements already existing or which may hereafter be
   entered into by them.

It is understood that an authorised photograph of a pro-
tected work of art shall enjoy legal protection in all the
countries of the Union, as contemplated by the said con-
vention, for the same period as the principal right of repro-
duction of the work itself subsists, and within the limits of
private arrangements between those who have legal rights.

2. As regards Article IX., it is agreed that those countries
   of the Union whose legislation implicitly includes chore-
   ographic works amongst dramatico-musical works expressly
   admit the former works to the benefits of the convention
   concluded this day.

It is, however, understood that questions which may arise
on the application of this clause shall rest within the com-
petence of the respective tribunals to decide.

3. It is understood that the manufacture and sale of in-
   struments for the mechanical reproduction of musical airs
   which are copyright shall not be considered as constituting
   an infringement of musical copyright.

4. The common agreement alluded to in Article XIV. of
   the convention is established as follows:—

The application of the convention to works which have
not fallen into the public domain at the time when it comes
into force shall operate according to the stipulations on
this head which may be contained in special conventions
either existing or to be concluded.

In the absence of such stipulations between any countries
of the Union the respective countries shall regulate, each
for itself, by its domestic legislation the manner in which
the principle contained in Article XIV. is to be applied.

5. The organization of the International Office established
   in virtue of Article XVI. of the convention shall be fixed by
   a regulation which shall be drawn up by the Government
   of the Swiss Confederation.

The official language of the International Office will be
French.

The International Office will collect all kinds of informa-
tion relative to the protection of the rights of authors over
their literary and artistic works. It will arrange and pub-
lish such information. It will study questions of general
utility likely to be of interest to the Union, and, by the aid
of documents placed at its disposal by the different Adminis-
trations, will edit a periodical publication in the French
language treating questions which concern the Union. The
Governments of the countries of the Union reserve to them-
selves the faculty of authorising, by common accord, the
publication by the Office of an edition in one or more other
languages if experience should show this to be requisite.

The International Office will always hold itself at the
disposal of members of the Union, with the view to furnish
them with any special information they may require relative
to the protection of literary and artistic works.

The Administration of the country where a conference is
about to be held will prepare the programme of the con-
ference with the assistance of the International Office.

The Director of the International Office will attend the
sittings of the conferences, and will take part in the dis-
cussions without a deliberative voice. He will make an
annual report on his administration, which shall be com-
municated to all the members of the Union.

The expenses of the Office of the International Union
shall be shared by the contracting States. Unless a fresh
arrangement be made, they cannot exceed a sum of 60,000
francs a year. This sum may be increased by the decision
of one of the conferences provided for in Article XVII.

The share of the total expense to be paid by each country
shall be determined by the division of the contracting and
acceding States into six classes, each of which shall contri-
bute in the proportion of a certain number of units, viz.:—

First Class .. .. .. .. 25
Second Class .. .. .. .. 20
Third Class .. .. .. .. 15
Fourth Class .. .. .. .. 10
Fifth Class .. .. .. .. 5
Sixth Class .. .. .. .. 5

These coefficients will be multiplied by the number of
States of each class, and the total product thus obtained will
give the number of units by which the total expense is to be
divided. The quotient will give the amount of the unity of
expense.

Each State will declare, at the time of its accession, in
which of the said classes it desires to be placed.

The Swiss Administration will prepare the Budget of the
Office, superintend its expenditure, make the necessary ad-
vances, and draw up the annual account, which shall be
communicated to all the other Administrations.

6. The next conference shall be held at Paris between
   four and six years from the date of the coming into force
   of the convention.

The French Government will fix the date within these
limits, after having consulted the International Office.

7. It is agreed that, as regards the exchange of ratifica-
   tions contemplated in Article XXI., each contracting party
   shall give a single instrument, which shall be deposited, with
   those of the other States, in the Government archives of the
   Swiss Confederation. Each party shall receive in exchange
   a copy of the procès-verbal of the exchange of ratifications,
   signed by the Plenipotentiaries present.

The present Final Protocol, which shall be ratified with
the convention concluded this day, shall be considered as
forming an integral part of the said convention, and shall
have the same force, effect, and duration.

In witness whereof the respective Plenipotentiaries have
signed the same.

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.

Procès-verbal of Signature.

THE undersigned Plenipotentiaries, assembled this day to
proceed with the signature of the convention with reference
to the creation of an International Union for the protection
of literary and artistic works, have exchanged the following
declarations:—

1. With reference to the accession of the colonies or
   foreign possessions provided for by Article XIX. of the con-
   vention,—

The Plenipotentiaries of His Catholic Majesty the King
of Spain reserve to the Government the power of making
known His Majesty's decision at the time of the exchange of
ratifications;

The Plenipotentiary of the French Republic states that
the accession of his country carries with it that of all the
French colonies;

The Plenipotentiaries of Her Britannic Majesty state that
the accession of Great Britain to the convention for the
protection of literary and artistic works comprises the
United Kingdom of Great Britain and Ireland, and all the
colonies and foreign possessions of Her Britannic Majesty.
At the same time they reserve to the Government of Her
Britannic Majesty the power of announcing at any time the
separate denunciation of the convention by one or several
of the following colonies or possessions, in the manner pro-
vided for by Article XX. of the convention, namely,—
India, the Dominion of Canada, Newfoundland, the Cape,
Natal, New South Wales, Victoria, Queensland, Tasmania,
South Australia, Western Australia, and New Zealand.

2. With respect to the classification of the countries of
   the Union, having regard to their contributory part to the
   expenses of the International Bureau (No. 5 of the Final
   Protocol),—

The Plenipotentiaries declare that their respective coun-
tries should be ranked in the following classes, namely,—
Germany in the first class.
Belgium in the third class.
Spain in the second class.
France in the first class.
Great Britain in the first class.
Haiti in the fifth class.
Italy in the first class.
Switzerland in the third class.
Tunis in the sixth class.

The Plenipotentiary of the Republic of Liberia states that
the powers which he has received from his Government au-
thorise him to sign the convention, but that he has not
received instructions as to the class in which his country
proposes to place itself with respect to the contribution to
the expenses of the International Bureau. He therefore
reserves that question to be determined by his Government,
who will make known their intention on the exchange of rati-
fications.