806
THE NEW ZEALAND GAZETTE.
[No. 35

In the dominions of the Hungarian Crown the enjoyment of these rights is subject, however, to the accomplishment of the conditions and formalities prescribed by the laws and regulations both of Great Britain and of Hungary.

Article VI.

In order that the authors of works protected by the present convention shall, in the absence of proof to the contrary, be considered as such, and be, consequently, admitted to institute proceedings in respect of the infringement of copyright before the Courts of the other State, it will suffice that their name be indicated on the work in the accustomed manner.

The tribunals may, however, in cases of doubt, require the production of such further evidence as may be required by the laws of the respective countries.

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 legal representative of the anonymous or pseudonymous author, until the latter or his legal representative has declared and proved his rights.

Article VII.

The provisions of the present convention cannot in any way derogate from the right of each of the high contracting parties to control or to prohibit by measures of domestic legislation or police the circulation, representation, exhibition, or sale of any work or production.

Each of the high contracting parties reserves also its right to prohibit the importation into its own territory of works which, according to its internal laws, or to the stipulations of treaties with other States, are or may be declared to be illicit reproductions.

Article VIII.

The provisions of the present convention shall be applied to literature or artistic works produced prior to the date of its coming into effect, subject, however, to the limitations prescribed by the following regulations:—

(a.) In the Austro-Hungarian Monarchy—
Copies completed before the coming into force of the present convention, the production of which has been hitherto allowed, can also be circulated in future.

In the same manner, appliances for the reproduction of works, such as stereotypes, wood-blocks, and engraved plates of every description, such as lithographers’ stones, if their production has not hitherto been prohibited may continue to be used during a period of four years from the coming into force of the present convention.

The distribution of such copies and the use of the said appliances is, however, only permitted if an inventory of the said copies and appliances is taken by the Government in question, in consequence of an application of the interested party, within three months from the coming into force of the present convention, and if these copies and appliances are marked with a special stamp.

Dramatic and dramatico-musical works, or musical compositions legally performed before the coming into force of the present convention, can also be performed in the future.

(b.) In the United Kingdom of Great Britain and Ireland—
The author and publisher of any literary or artistic work first produced before the date at which this convention comes into effect shall be entitled to all legal remedies against infringement: Provided that where any person has, before the date of the publication of the Order in Council putting this convention into effect, lawfully produced any work in the United Kingdom, all rights or interests arising from or in connection with such production which are subsisting and valuable at the said date shall not be diminished or prejudiced.

Article IX.

The provisions of the present convention shall apply to all the colonies and foreign possessions of Her Britannic 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 always that the provisions of the present conventions shall apply to any of the above-named colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Britannic Majesty’s Representative at the Court of His Imperial and Royal Apostolic Majesty within two years from the date of the exchange of ratifications of the present convention.

Article X.

The present convention shall remain in force for ten years from the day on which the ratifications are exchanged; and in case neither of the two high contracting parties shall have given notice twelve months before the expiration of the said period of ten years of their intention of terminating the present convention, it shall remain in force until the expiration of one year from the day on which either of the high contracting parties shall have given such notice.

Her Britannic Majesty’s Government shall also have the right to denounce the convention in the same manner, on behalf of any of the colonies or foreign possessions mentioned in Article IX., separately.

Article XI.

The present convention shall be ratified, and the ratifications shall be exchanged at Vienna as soon as possible. It shall come into effect ten days after its publication in conformity with the forms prescribed by the laws of the high contracting parties respectively.

In witness whereof, the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals.

Done at Vienna, the 24th day of April, in the year of our Lord one thousand eight hundred and ninety-three.

(l.s.) A. B. PAGET.
(l.s.) KÁLNOKY.

(New Zealand.—General.)
Downing Street, 20th February, 1895.

My Lord,—With reference to your Lordship’s despatch No. 40, of the 6th September, I have the honour to inform you that the accession of New Zealand to the copyright convention between Great Britain and Austria-Hungary of the 24th April, 1893, was notified to the Austro-Hungarian Government on the 26th October last.

I enclose copies of an Order of Her Majesty in Council applying to the colony the provisions of the Order in Council of the 30th April, 1894, giving effect to the convention.

I have, &c.,
RIPON.

Governor the Right Hon. the Earl of Glasgow,
G.C.M.G., &c.

At the Court at Osborne House, Isle of Wight, the 2nd day of February, 1895.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, MARQUESS OF RIPON, LORD CHAMBERLAIN,
LORD KENSINGTON, MR. CECIL RHODES.

WHEREAS Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, by virtue of the authority committed to her by the International Copyright Acts, 1844 to 1886, and having regard to the provisions of a convention the ratifications of which were exchanged on the 14th day of April, 1894, between Her Majesty and His Majesty the Emperor of Austria, King of Bohemia, and Apostolic King of Hungary, was pleased to make an Order in Council dated the 30th day of April, 1894, providing amongst other things that the said convention should, as from the commencement of the said Order, and subject to clause 5 of the said Order, have full effect throughout Her Majesty’s dominions:

And whereas by clause 5 of the said Order it was provided that the said Order should apply to all the colonies and foreign possessions of Her Majesty, excepting to those named in the said clause, but that nevertheless the provisions of the said Order might be applied by further Order to any colonies or foreign possessions named in the said clause, on whose behalf notice to the effect indicated in Article IX. of the said convention should be duly given:

And whereas the Colonies of Newfoundland, Natal, Victoria, Queensland, South Australia, Western Australia, and New Zealand, being some of the colonies excepted from the operation of the said Order, have severally expressed a wish that the said convention may be made applicable to them, and the notice required by Article IX. of the said convention has been duly given on behalf of the above-named colonies by Her Majesty’s Representative at the Court of His Imperial and Royal Apostolic Majesty:

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, and of the proviso in clause 5 of the said Order of the 30th day of April, 1894, and Article IX. of the said convention, doth order, and it is hereby ordered, that the provisions of the said Order of the 30th day of April, 1894, shall apply, and the same are applied accordingly, to the following colonies, that is to say, Newfoundland, Natal, Victoria, Queensland, South Australia, Western Australia, New Zealand.

This Order shall come into operation on and from the date hereof.

And the Lords Commissioners of Her Majesty’s Treasury are to give the necessary orders herein accordingly.

C. L. PEEL.