Feb. 17.] THE NEW ZEALAND GAZETTE. 813

tion concerning the creation of an International Union for
the Protection of Literary and Artistic Works, signed at
Berne on the 9th September, 1886, I have the honour to
transmit to you, for information, and publication in the
colony under your government, copies of a parliamentary
paper containing an additional Act, signed at Paris on the
4th May, 1896, modifying certain articles of that Conven-
tion, together with procès-verbal, dated 9th September,
1897, recording the deposit of ratifications of the additional
Act.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

———

ADDITIONAL ACT MODIFYING THE INTERNATIONAL COPYRIGHT
CONVENTION OF THE 9TH SEPTEMBER, 1886.

[TRANSLATION.]

Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India; His Majesty the
German Emperor, King of Prussia, in the name of the
German Empire; His Majesty the King of the Belgians;
Her Majesty the Queen-Regent of Spain, in the name of His
Majesty the King of Spain; the President of the French
Republic; His Majesty the King of Italy; His Royal High-
ness the Grand Duke of Luxembourg; His Most Serene
Highness the Prince of Monaco; His Highness the Prince
of Montenegro; the Federal Council of the Swiss Confedera-
tion; His Highness the Bey of Tunis; being equally ani-
mated by the desire to protect in a more effective and more
uniform manner the rights of the authors over their literary
and artistic works, have resolved to conclude an additional
Act to the Convention, signed at Berne on the 9th Sep-
tember, 1886, respecting the establishment of an Inter-
national Union for the protection of such works, 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, Mr. Henry Howard,
Minister Plenipotentiary in Her Britannic Majesty’s Em-
bassy at Paris; Sir Henry G. Bergne, Head of the Com-
mercial and Sanitary Department of the Foreign Office:

His Majesty the German Emperor, King of Prussia, His
Excellency M. Paul Reichardt, Privy Councillor, Director
in the Department of Foreign Affairs; His Excellency Pro-
fessor Dr. Otto Dambach, Privy Councillor; Dr. Franz
Hermann Dungs, Privy Councillor, Referee to the Depart-
ment of Justice; M. Felix von Müller, Councillor of the
German Embassy at Paris:

His Majesty the King of the Belgians, Baron Auguste
d’Anethan, Envoy Extraordinary and Minister Plenipoten-
tiary of His Majesty the King of the Belgians to the French
Republic; M. Jules de Borchgrave, Secretary of the Cham-
ber of Representatives; Chevalier Edouard Descamps,
Member of the Royal Academy of Belgium, Senator:

Her Majesty the Queen-Regent of Spain, in the name of
His Catholic Majesty the King of Spain, the Marquis de
Novallas, First Secretary of the Spanish Embassy at Paris:

The President of the French Republic, M. Charles de
Saulce de Freycinet, member of the French Academy,
Senator; M. Henri Marcel, Minister Plenipotentiary,
Assistant in the Commercial Department in the Ministry
for Foreign Affairs; M. Charles Lyon-Caen, Member of the
Institute, Professor of the Faculty of Law of Paris; M.
Eugène Pouillet, President of the Order of Barristers; M.
Louis Renault, Professor of the Faculty of Law of Paris,
Legal Adviser of the Ministry for Foreign Affairs:

His Majesty the King of Italy, Commandeur Luigi Roux,
Doctor of Laws, ex-Deputy; Chevalier Georges Polacco,
First Secretary of the Italian Embassy at Paris:

His Royal Highness the Grand Duke of Luxembourg, M.
Henri Vannerus, Chargé d’Affaires of Luxembourg at Paris:

His Most Serene Highness the Prince of Monaco, M.
Hector de Rolland, Councillor of State, Advocate-General of
the Superior Court of Monaco; M. Louis Mayer, Head of
the Cabinet of His Most Serene Highness the Prince of
Monaco:

His Highness the Prince of Montenegro, M. Henri Marcel,
Minister Plenipotentiary, Assistant in the Commercial De-
partment of the French Ministry for Foreign Affairs:

The Federal Council of the Swiss Confederation, M. Charles
Edouard Lardy, Envoy Extraordinary and Minister Plenipo-
tiary of the Swiss Confederation to the French Republic:

His Highness the Bey of Tunis, M. Louis Renault, Pro-
fessor of the Faculty of Law of Paris:

Who, after having communicated to each other their
respective full powers, found in good and due form, have
agreed upon the following articles:—

Article I.

The International Convention of the 9th September, 1886,
is modified as follows:—

1. Article II.—The first paragraph of Article II. shall run
   as follows:—

“Authors belonging to any one of the countries of the
Union, or their lawful representatives, shall enjoy in the
other countries for their works, whether unpublished, or
published for the first time in one of those countries, the
rights which the respective laws do now or shall hereafter
grant to nationals.”

A fifth paragraph is added in these terms:—

“Posthumous works are included among those to be pro-
tected.”

2. Article III.—Article III. shall run as follows:—

“Authors not belonging to one of the countries of the
Union, who shall have published or caused to be published
for the first time their literary or artistic works in a country
which is a party to the Union, shall enjoy, in respect of such
works, the protection accorded by the Berne Convention
and by the present additional Act.”

3. Article V.—The first paragraph of Article V. shall run
   as follows:—

“Authors belonging to any one of the countries of the
Union, or their lawful representatives, shall enjoy in the
other countries the exclusive right of making or authorising
the translation of their works during the entire period of
their right over the original work. Nevertheless, the exclu-
sive right of translation shall cease to exist if the author
shall not have availed himself of it, during a period of ten
years from the date of the first publication of the original
work, by publishing or causing to be published in one of the
countries of the Union a translation in the language for
which protection is to be claimed.”

4. Article VII.—Article VII. shall run as follows:—

“Serial stories, including tales published in the news-
papers or periodicals of one of the countries of the Union,
may not be reproduced, in original or translation, in the
other countries, without the sanction of the authors or of
their lawful representatives.

“This stipulation shall apply equally to other articles in
newspapers or periodicals, when the authors or editors shall
have expressly declared in the newspaper or periodical itself
in which they shall have been published that the right of
reproduction is prohibited. In the case of periodicals it
shall suffice if such prohibition be indicated in general terms
at the beginning of each number.

“In the absence of prohibition, such articles may be re-
produced on condition that the source is acknowledged.

“In any case, the prohibition shall not apply to articles
on political questions, to the news of the day, or to mis cel-
laneous information.”

5. Article XII.—Article XII. shall run as follows:—

“Pirated works may be seized by the competent authori-
ties of the countries of the Union where the original work
is entitled to legal protection.

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

6. Article XX.—The second paragraph of Article XX.
   shall run as follows:—

“Such denunciation shall be made to the Government
the Swiss Confederation. It shall only be effective
regards the country making it, the Convention remaining
full force and effect for the other countries of the Union.

Article II.

The final protocol annexed to the Convention of the 9th
September, 1896, is modified as follows:—

1. No. 1.—This clause shall run as follows:—

“As regards Article IV., it is agreed as follows:—

“(A.) In countries of the Union where protection is ac-
corded not only to architectural plans, but also to the archi-
tectural works themselves, these works shall be admitted to
the benefits of the Berne Convention and of the present
additional Act.

“(B.) Photographic works and works produced by an
analogous process shall be admitted to the benefits of these
engagements in so far as the laws of each State may permit,
and to the extent of the protection accorded by such laws to
similar national works.

“It is understood that an authorised photograph of a
work of art shall enjoy legal protection in all the countries
of the Union, as contemplated by the Berne Convention and
by the present additional Act, for the same period as the
principal right of reproduction of the work itself subsists,
and within the limits of private arrangements between those
who have legal rights.”

2. No. 4.—This clause shall run as follows:—

“The common agreement contemplated in Article XIV. of
the Convention is established as follows:—

“The application of the Berne Convention and of the
present additional Act to works which have not fallen into
the public domain within the country of origin at the time
when these engagements come into force, shall operate
according to such stipulations on this head as may be
contained in special conventions either actually existing or
to be concluded hereafter.