532
THE NEW ZEALAND GAZETTE.
[No. 27

the colonies, and that apparently the Act of 1862 (25 and 26
Vict., c. 63) giving copyright in paintings and photographs
does not so apply. I would request your attention to sections
4, 8, 9, 10 of the Act of 1862, which, you will observe, apply
to the United Kingdom only; and would invite you to com-
pare the language of section 1 of that Act with the Copyright
Act of 1842 (5 and 6 Vict., c. 45), which (section 29) ex-
pressly gives literary copyright throughout Her Majesty's
dominions.

3. It would seem, therefore, that, although the effect of
   section 8 of the Act of 1886 may be to protect the owner of
   copyright in works of art produced in a colony against piracy
   in the United Kingdom, he would not be entitled to similar
   protection in another colony.

4. I have therefore to request that I may be informed at
   your early convenience, whether it is the wish of your
   Government that legislation should be initiated in the
   Imperial Parliament for extending to works of art produced
   in a colony the same privileges of copyright throughout the
   Empire as are now possessed by literary works produced in a
   colony.

5. I may indicate the following as a further reason which
   seems to render it desirable that such legislation should be
   had. A colonist producing a work of art in a foreign country
   would, under the convention, appear to be entitled to such
   copyright as, under the laws of that country, would be
   enjoyed by its subjects; but, if that country finds that re-
   ciprocal advantages are not obtainable by its subjects in the
   colonies, it might be inclined to alter its law so as to with-
   draw these advantages from colonists residing in such coun-
   try.
   I have, &c.,
   KNUTSFORD.

The Officer Administering the Government
of New Zealand.

[Extract from the London Gazette of Friday, 2nd December, 1887.]
At the Court at Windsor, the 28th day of November,
1887.
Present:
THE QUEEN'S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, LORD STANLEY OF PRESTON, SECRETARY
SIR HENRY HOLLAND, BART.

WHEREAS the convention of which an English translation is
set out in the First Schedule to this order has been con-
cluded between Her Majesty the Queen of the United King-
dom of Great Britain and Ireland and the foreign countries
named in this order, with respect to the protection to be
given by way of copyright to the authors of literary and
artistic works:
And whereas the ratifications of the said convention were
exchanged on the fifth day of September, one thousand
eight hundred and eighty-seven, between Her Majesty the
Queen and the Governments of the foreign countries follow-
ing, that is to say, Belgium, France, Germany, Hayti, Italy,
Spain, Switzerland, and Tunis:
And whereas Her Majesty in Council is satisfied that the
foreign countries named in this order have made such pro-
visions as it appears to Her Majesty expedient to require for
the protection of authors of works first produced in Her
Majesty's dominions:
Now, therefore, Her Majesty, by and with the advice of
her Privy Council, and by virtue of the authority com-
mitted to her by the International Copyright Acts, 1884 to
1886, doth order, and it is hereby ordered, as follows:—

1. The convention as set forth in the First Schedule to
   this order shall, as from the commencement of this order,
   have full effect throughout Her Majesty's dominions, and all
   persons are enjoined to observe the same.
2. This order shall extend to the foreign countries follow-
   ing, that is to say, Belgium, France, Germany, Hayti, Italy,
   Spain, Switzerland, and Tunis; and the above countries are
   in this order referred to as the foreign countries of the
   Copyright Union, and those foreign countries, together with
   Her Majesty's dominions, are in this order referred to as the
   countries of the Copyright Union.
3. The author of a literary or artistic work which, on or
   after the commencement of this order is first produced in
   one of the foreign countries of the Copyright Union, shall,
   subject as in this order and in the International Copyright
   Acts, 1884 to 1886, mentioned, have, as respects that work
   throughout Her Majesty's dominions, the same right of
   copyright, including any right capable of being conferred by
   an Order in Council under section two or section five of
   "The International Copyright Act, 1844," or under any
   other enactment, as if the work had been first produced in
   the United Kingdom, and shall have such right during the
   same period:
   Provided that the author of a literary or artistic work
   shall not have any greater right or longer term of copyright
   therein than that which he enjoys in the country in which
   the work is first produced.
   The author of any literary or artistic work first produced
   before the commencement of this order shall have the rights

and remedies to which he is entitled under section six of
"The International Copyright Act, 1886."
4. The rights conferred by the International Copyright
Acts, 1844 to 1886, shall, in the case of a literary or artistic
work first produced in one of the foreign countries of the
Copyright Union by an author who is not a subject or citizen
of any of the said foreign countries, be limited as follows,
that is to say, the author shall not be entitled to take legal
proceedings in Her Majesty's dominions for protecting any
copyright in such work, but the publisher of such work shall,
for the purpose of any legal proceedings in Her Majesty's
dominions for protecting any copyright in such work, be
deemed to be entitled to such copyright as if he were the
author, but without prejudice to the rights of such author
and publisher as between themselves.
5. A literary or artistic work first produced simultaneously
in two or more countries of the Copyright Union shall be
deemed for the purpose of copyright to have been first pro-
duced in that one of those countries in which the term of
copyright in the work is shortest.
6. Section six of "The International Copyright Act,
1852," shall not apply to any dramatic piece to which pro-
tection is extended by virtue of this order.
7. The orders mentioned in the Second Schedule to this
order are hereby revoked:
Provided that neither such revocation nor anything else
in this order shall prejudicially effect any right acquired or
accrued before the commencement of this order by virtue of
any order hereby revoked, and any person entitled to such
right shall continue entitled thereto, and to the remedies for
the same, in like manner as if this order had not been
made.
8. This order shall be construed as if it formed part of
"The International Copyright Act, 1886."
9. This order shall come into operation on the sixth day of
December, one thousand eight hundred and eighty-seven,
which day is in this order referred to as the commencement
of this order.
And the Lords Commissioners of Her Majesty's Treasury
are to give the necessary orders herein accordingly.
C. L. PEEI.

FIRST SCHEDULE.

COPYRIGHT CONVENTION.

CONVENTION for protecting effectively and in as uniform a
manner as possible the rights of authors over their literary
and artistic works. Made on the fifth day of September, one
thousand eight hundred and eighty-seven, between 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 Presi-
dent of the French Republic; the President of the Republic
of Hayti; His Majesty the King of Italy; the Federal
Council of the Swiss Confederation; His Highness the Bey
of Tunis.
[The following is an English translation of the conven-
tion, with the omission of the formal beginning and end.]

ARTICLE I.

The contracting States are constituted into an 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 accom-
plishment 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" compre-
hends books, pamphlets, and all other writings; dramatic or
dramatico-musical works, musical compositions with or with-
out words; works of design, painting, sculpture, and en-
graving; lithographs, illustrations, geographical charts,