914
THE NEW ZEALAND GAZETTE.
[No. 38

oil dated respectively the "10th day" of August, 1888, the 15th day of October, 1889, the 16th day of May, 1893, and the 1st day of August, 1896, and made under the authority aforesaid, the provisions of the hereinbefore-recited Order in Council of the 28th day of November, 1887, have been extended to the last-mentioned foreign countries respectively, and the last-mentioned foreign countries, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council:

And whereas an additional Act to the said Berne Convention—of which additional Act an English translation is set out in the Schedule to this Order—has been agreed upon between Her Majesty and the foreign countries next hereinafter mentioned for the purpose of varying the provisions of the hereinbefore-recited Convention of the 9th day of September, 1886:

And whereas on the 9th day of September, 1897, the ratifications of the said additional Act were exchanged between Her Majesty and the foreign countries following, that is to say: Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro, Switzerland. and Tunis:

And whereas Her Majesty in Council is satisfied that the foreign countries named in the body of this Order, and parties to the said additional Act, have made such provisions 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 committed to her by the International Copyrights Acts, 1844 to 1886, doth order and it is hereby ordered as follows:—

1. The additional Act to the Berne Convention set forth in the 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 following, that is to say: Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro, Switzerland, and Tunis.

3. The fourth article of the hereinbefore-recited Order in Council of the 28th day of November, 1887, shall, as from the commencement of this Order, cease to apply to the foreign countries to which this Order extends.

4. The hereinbefore-recited Order in Council of the 28th day of November, 1887, shall continue to be of full force and effect, save in so far as the same is varied by this Order.

5. Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order, by virtue of the said Order in Council of the 28th day of November, 1887, or otherwise, 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.

6. 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.”

7. This Order shall be construed as if it formed part of “The International Copyright Act, 1886.”

8. This Order shall come into operation on the date hereof, 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.

Schedule.—Additional Act.

The following is an English translation of the additional Act, with the omission of the formal beginning and end:—

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 protected.”

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 exclusive 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 newspapers 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 reproduced 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 miscellaneous information.”

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

“Pirated works may be seized by the competent authorities 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 of the Swiss Confederation. It shall only be effective as regards the country making it, the Convention remaining in full force and effect for the other countries of the Union.”

Article II.

The final protocol annexed to the Convention of the 9th September, 1886, 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 accorded not only to architectural plans, but also to the architectural 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.

“In the absence of such stipulations between any of the 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.

“The stipulations of Article XIV. of the Berne Convention and of the present clause of the final protocol shall apply equally to the exclusive right of translation, in so far as such right is established by the present additional Act.

“The temporary stipulations noted above shall be applicable to countries which may hereafter accede to the Union.”

Article III.

The countries of the Union which are not parties to the present additional Act shall at any time be allowed to accede thereto on their request to that effect. This stipulation shall apply equally to countries which may hereafter accede to the Convention of the 9th September, 1896. It will suffice for this purpose that such accession should be notified in writing to the Swiss Federal Council, who shall in turn communicate it to the other Governments.