MAY 16.] THE NEW ZEALAND GAZETTE. 805

At the Court at Windsor, the 30th day of April, 1894.
Present:
THE QUEEN'S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, LORD STEWARD, EARL OF CHESTERFIELD,
LORD CHAMBERLAIN, SIR CHARLES RUSSELL, SIR FRANK
LASCELLES.
Whereas a convention has been concluded on the 24th day
of April, 1893, between Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, Empress of India,
and His Majesty the Emperor of Austria, King of Bohemia,
and Apostolic King of Hungary, with respect to the protec-
tion 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 14th day of April, 1894, between Her
Majesty the Queen and His Majesty the Emperor:
And whereas Her Majesty in Council is satisfied that the
Austro-Hungarian monarchy have made such provisions as it
appears to Her Majesty expedient to require for the protec-
tion 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 committed
to her by the International Copyright Acts, 1844 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,
   and subject to clause 5 of this Order, have full effect through-
   out Her Majesty's dominions, and all persons are enjoined to
   observe the same.
2. The author of a literary or artistic work which on or
   after the commencement of this Order is first produced in
   the Austro-Hungarian monarchy shall, subject as in this
   Order and in the International Copyright Acts, 1844 to 1886,
   mentioned, have, as respects that work, throughout Her Ma-
   jesty's dominions, but subject to the exceptions specified in
   clause 5 of this Order, the same right of copyright, including
   any right capable of being conferred by an Order in Council
   under section 2 or section 5 of The International Copy-
   right 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 6 of The
   International Copyright Act, 1886.
3. Section 6 of The International Copyright Act, 1852,
   shall not apply to any dramatic piece to which protection is
   extended by virtue of this Order.
4. This Order shall be construed as if it formed part of
   The International Copyright Act, 1886.
5. This Order shall apply to all the colonies and foreign
   possessions of Her Majesty excepting to those hereinafter
   named—that is to say, except to India, the Dominion of
   Canada, Newfoundland, the Cape, Natal, New South Wales,
   Victoria, Queensland, Tasmania, South Australia, Western
   Australia, New Zealand:
   Provided, nevertheless, that the provisions of this Order
   may be applied by further Order to any of the above-named
   colonies or foreign possessions on whose behalf notice to the
   effect indicated in Article IX. of the convention shall be
   given.
6. This Order shall come into operation on the 11th day of
   May, 1894, 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. PEEL.

CONVENTION BETWEEN GREAT BRITAIN AND AUSTRIA-HUN-
GARY FOR THE ESTABLISHMENT OF INTERNATIONAL COPY-
RIGHT.
[Signed at Vienna, April 24, 1893. Ratifications exchanged
at Vienna, April 14, 1894.]
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, &c., and His Majesty
the Emperor of Austria, King of Bohemia, &c., and Apostolic
King of Hungary, animated with the desire to secure in the
most complete manner, within their respective dominions,
the rights of authors, or their legal representatives, over their
literary or artistic works, have resolved to conclude a conven-
ion to that effect, and have named as their plenipotentiaries,
that is to say:—
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, &c., the Right
Honourable Sir Augustus Berkeley Paget, Knight Grand
Cross of the Most Honourable Order of the Bath, a member

of Her Britannic Majesty's Most Honourable Privy Council,
Ambassador Extraordinary and Plenipotentiary to His Im-
perial and Royal Apostolic Majesty, &c., &c., &c.;
His Majesty the Emperor of Austria, King of Bohemia,
&c., and Apostolic King of Hungary, the Count Gustave
Kálnoky de Köröspatak, Knight of the Golden Fleece,
Knight Grand Cross of the Order of St. Stephen, Knight of
the Order of Leopold, His Imperial and Royal Apostolic
Majesty's Privy Councillor and Chamberlain, Minister of the
Imperial House and of Foreign Affairs, General of Cavalry,
&c., &c., &c.;
Who, having communicated to each other their respective
full powers, found in good and due form, have agreed upon
the following articles:—

Article I.

Authors of literary or artistic works and their legal repre-

sentatives, including publishers, shall enjoy reciprocally, in
the dominions of the high contracting parties, the advan-
tages which are or may be granted by law there for the pro-
tection of works of literature or art.
Consequently, authors of literary or artistic works which
have been first published in the dominions of one of the
high contracting parties, as well as their legal representa-
tives, shall have in the dominions of the other high contract-
ing party the same protection and the same legal remedy
against all infringement of their rights as if the work had
been first published in the country where the infringement
may have taken place.
In the same manner, the authors of literary or artistic
works, and their legal representatives, who are subjects of
one of the high contracting parties, or who reside within its
dominions, shall in the dominions of the other contracting
party enjoy the same protection and the same legal remedies
against all infringements of their rights as though they were
subjects of or residents in the State in which the infringe-
ment may have taken place.
These advantages shall only be reciprocally guaranteed to
authors and their legal representatives when the work in
question is also protected by the laws of the State where the
work was first published, and the duration of protection in
the other country shall not exceed that which is granted to
authors and their legal representatives in the country where
the work was first published.

Article II.

The right of translation forming part of the copyright, the

protection of the right of translation is assured under the con-
ditions laid down by this convention. If, ten years after the
expiry of the year in which a work to be protected in Her
Majesty's dominions on the basis of this convention has ap-
peared, no translation in English has been published, the
right of translating the work into English shall no longer
within those dominions exclusively belong to the author.
In the case of a book published in numbers, the aforesaid
period of ten years shall commence at the end of the year in
which each number is published.

Article III.

Authorised translations are protected as original works.

They consequently enjoy the full protection granted by this
convention against the unauthorised reproduction of original
works.
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 IV.

The expression "literary or 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 relating 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.

In the British Empire, and in the Kingdoms and States

represented in the Austrian Reichsrath, the enjoyment of
the rights secured by the present convention is subject only
to the accomplishment of the conditions and formalities
prescribed by the law of that State in which the work is
first published; and no further formalities or conditions
shall be required in the other country.
Consequently, it shall not be necessary that a work which
has obtained legal protection in one country should be regis-
tered or copies thereof deposited in the other country, in
order that the remedies against infringement may be ob-
tained which are granted in the other country to works first
published there,