1258
THE NEW ZEALAND GAZETTE.
[No. 59

International Copyright Convention.—Order in Council of 7th March, 1898, extended to Hayti.

Colonial Secretary’s Office,
Wellington, 27th July, 1898.

THE following despatch, with enclosure, received from Her Majesty’s Principal Secretary of State for the Colonies, is published for general information.

J. CARROLL.

(Circular.)
Downing Street, 10th June, 1898.

Sir,—With reference to my circular despatch of the 15th March last, enclosing copies of an Order of Her Majesty in Council dated the 7th March, 1898, for giving effect to the additional Act of Paris modifying the International Copyright Convention of the 9th September, 1886, I have the honour to transmit to you, for information and publication in the colony under your government, copies of an Order of Her Majesty in Council dated 19th May, 1898, extending the operation of the Order in Council of the 7th March, 1898, to the Republic of Hayti.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

At the Court at Windsor, the 19th day of May, 1898.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD CHANCELLOR, LORD PRESIDENT, LORD BALFOUR OF BURLEIGH.

WHEREAS on the 9th day of September, 1886, a Convention (hereinafter called “the Berne Convention”) with respect to the protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the foreign countries following—that is to say, Belgium, France, Germany, Hayti, Italy, Spain, Switzerland, and Tunis:

And whereas on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her Majesty the Queen and the aforesaid countries:

And whereas by an Order in Council dated the 28th day of November, 1887, and made under the authority committed to Her Majesty by the International Copyright Acts, 1844 to 1886, Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty’s dominions to the authors of literary and artistic works first produced in any of the said foreign countries (therein referred to as “the foreign countries of the Copyright Union”), and otherwise giving effect throughout Her Majesty’s dominions to the terms of the said Berne Convention, and an English translation of the said Convention was set out in the First Schedule to the Order in Council now in recital:

And whereas since the date of the said Order in Council hereinbefore recited, the foreign countries following—namely, Luxembourg, Monaco, Montenegro, and Norway—have acceded to the said Berne Convention, and by Orders in Council 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, was agreed upon between Her Majesty and the following foreign countries for the purpose of varying the provisions of the said Berne Convention—namely, Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro, Switzerland, and Tunis; and the ratifications of the said additional Act were, on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries:

And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the hereinbefore-recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said additional Act throughout Her Majesty’s dominions, so far as regards the foreign countries hereinbefore named as parties to the said additional Act, and an English translation of the said additional Act is set forth in the Schedule to the Order in Council now in recital:

And whereas it is provided by Article III. of the said additional Act that countries of the Union not parties to the said additional Act should at any time be allowed to accede thereto:

And whereas the Republic of Hayti has duly acceded to the said additional Act:

And whereas Her Majesty in Council is satisfied that the Republic of Hayti has 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 Copyright Acts, 1844 to 1886, doth order and it is hereby ordered as follows:—

1. From and after the commencement of this Order the hereinbefore-recited Order in Council of the 7th day of March, 1898, shall extend to the Republic of Hayti.

2. 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.

3. 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.

4. This Order shall be construed as if it formed part of the International Copyright Act, 1886.

5. 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.

J. H. HARRISON.

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.”