Each State will declare, at the time of its accession, in which of the said classes it desires to be placed. The Swiss Administration will prepare the Budget of the Office, superintend its expenditure, make the necessary advances, and draw up the annual account, which shall be communicated to all the other Administrations. 6. The next Conference shall be held at Paris between four and six years from the date of the coming into force of the Convention. The French Government will fix the date within these limits after having consulted the International Office. 7. It is agreed that, as regards the exchange of ratifications contemplated in Article XXI., each Contracting Party shall give a single instrument, which shall be deposited, with those of the other States, in the Government archives of the Swiss Confederation. Each party shall receive in exchange a copy of the procès-verbal of the exchange of ratifications, signed by the Plenipotentiaries present. The present Final Protocol, which shall be ratified with the Convention concluded this day, shall be considered as forming an integral part of the said Convention, and shall have the same force, effect, and duration. In witness whereof the respective Plenipotentiaries have signed the same. Done at Berne, the 9th day of September 1886. Procès-verbal of Signature. The undersigned Plenipotentiaries, assembled this day to proceed with the signature of the Convention with reference to the creation of an International Union for the protection of literary and artistic works, have exchanged the following declarations : 1. With reference to the accession of the Colonies or foreign possessions provided for by Article XIX. of the Convention : The Plenipotentiaries of His Catholic Majesty the King of Spain reserve to the Government the power of making known His Majesty's decision at the time of the exchange of ratifications. The Plenipotentiary of the French Republic states that the accession of his country carries with it that of all the French Colonies. The Plenipotentiaries of Her Britannic Majesty state that the accession of Great Britain to the Convention for the protection of literary and artistic works comprises the United Kingdom of Great Britain and Ireland, and all the Colonies and foreign possessions of Her Britannic Majesty. At the same time they reserve to the Government of Her Britannic Majesty the power of announcing at any time the separate denunciation of the Convention by one or several of the following Colonies or possessions, in the manner provided for by Article XX. of the Convention, namely: India, the Dominion of Canada, Newfoundland, the Cape, Natal, New South Wales, Victoria, Queensland, Tasmania, South Australia, Western Australia, and New Zealand. 2. With respect to the classification of the countries of the Union having regard to their contributory part to the expenses of the International Bureau (No. 5 of the Final Protocol): The Plenipotentiaries declare that their respective countries should be ranked in the following classes, namely: Germany in the first class. Great Britain in the first class. Italy in the first class. Switzerland in the third class. The Plenipotentiary of the Republic of Liberia states that the powers which he has received from his Government authorise him to sign the Convention, but that he has not received instructions as to the class in which his country proposes to place itself with respect to the contribution to the expenses of the International Bureau. He, therefore, reserves that question to be determined by his Government, who will make known their intention on the exchange of ratifications. In witness whereof, the respective Plenipotentiaries have signed the present procès-verbal. Done at Berne, the 9th day of September 1886. Procès-verbal recording Deposit of Ratifications. In accordance with the stipulations of Article XXI., paragraph 1, of the Convention for the creation of an International Union for the protection of literary and artistic works, concluded at Berne on the 9th September 1886, and in consequence of the invitation addressed to that effect by the Swiss Federal Council to the Governments of the High Contracting Parties, the Undersigned assembled this day in the Federal Palace at Berne for the purpose of examining and depositing the ratifications of : Her Majesty the Queen of Great Britain and Ireland, Empress of India, His Majesty the Emperor of Germany, King of Prussia, His Majesty the King of the Belgians, Her Majesty the Queen Regent of Spain, in the name of His Catholic Majesty the King of Spain, The President of the French Republic, His Majesty the King of Italy, The Council of the Swiss Confederation, His Highness the Bey of Tunis, to the said International Convention, followed by an Additional Article and Final Protocol. The instruments of these acts of ratification having been produced and found in good and due form, they have been delivered into the hands of the President of the Swiss Confederation, to be deposited in the archives of the Government of that country, in accordance with clause No. 7 of the Final Protocol of the International Convention. In witness whereof the undersigned have drawn up the present procèsverbal, to which they have affixed their signatures and the seals of their arms. Done at Berne, the 5th September 1887, in nine copies, one of which shall be deposited in the archives of the Swiss Confederation with the instruments of ratification. On proceeding to the signature of the procès-verbal recording the deposit of the acts of ratification given by the High Parties Signatory to the Convention of the 9th September 1886, for the creation of an International Union for the protection of literary and artistic works, the Minister of Spain renewed, in the name of his Government, the declaration recorded in the procès-verbal of the Conference of the 9th September 1886, according to which the accession of Spain to the Convention includes that of all the territories dependent upon the Spanish Crown. The Undersigned have taken note of this declaration. In witness whereof they have signed the present Protocol, done at Berne, in nine copies, the 5th September 1887. ORDER IN COUNCIL, NOVEMBER 28, 1887. BRITISH ORDER IN COUNCIL giving effect to the International Copyright [Windsor, November 28, 1887.] WHEREAS the Convention, of which an English translation is set out in the First Schedule to this Order, has been concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the foreign countries named in this Order, with respect to the protection 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 5th September 1887, between Her Majesty the Queen and the Governments of the foreign countries following, that is to say: Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis. And whereas Her Majesty in Council is satisfied that the foreign countries named in this Order 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 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 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 1: Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis. And the above countries are in this Order referred to as the foreign countries of the Copyright Union, and those foreign countries, together with Her Majesty's dominions, are in this Order referred to as the countries of the Copyright Union. 3. The author of a literary or artistic work which, on or after the commencement of this Order, is first produced in one of the foreign countries of the Copyright Union shall, subject as in this Order and in the International Copyright Acts, 1844 to 1886, mentioned, have as respects that work throughout Her Majesty's dominions 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 Copyright 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. 4. The rights conferred by the International Copyright Acts, 1844 to 1886, shall in the case of a literary or artistic work first produced in one of the foreign countries of the Copyright Union by an author who is not a subject or citizen of any of the said foreign countries, be limited as follows: that is to say, the author shall not be entitled to take legal proceedings in Her Majesty's dominions for protecting any copyright in such work, but the publisher of such work shall, for the purpose of any legal proceedings in Her Majesty's dominions for protecting any copyright in such work, be deemed to be entitled to such copyright as if he were the author, but without prejudice to the rights of such author and publisher as between themselves. 5. A literary or artistic work first produced simultaneously in two or more countries of the Copyright Union shall be deemed for the purpose of copyright to have been first produced in that one of those countries in which the term of copyright in the work is shortest. 1 The following countries subsequently acceded to the Berne Convention and joined the Copyright Union. By various Orders in Council of the respective dates given hereunder the provisions of the International Copyright Acts and of the above Order in Council were extended to the acceding countries, viz. :— Luxemburg, August 10, 1888; Monaco, October 15, 1889; Montenegro, May 11, 1893; Norway, August 1, 1896; Japan, August 8, 1899. Montenegro subsequently seceded August 9, 1899. 6. 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. 7. The Orders mentioned in the Second Schedule to this Order are hereby revoked1: Provided that neither such revocation, nor anything else in this Order, shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of any Order hereby revoked, 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. 8. This Order shall be construed as if it formed part of the International Copyright Act, 1886. 9. This Order shall come into operation on December 6, 1887, 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 necessary orders herein accordingly. FIRST SCHEDULE. [BERNE CONVENTION, 1886, WITH ADDITIONAL ARTICLE AND SECOND SCHEDULE. ORDERS IN COUNCIL REVOKED. Orders in Council, of the dates named below, for securing the privi leges of copyright in Her Majesty's dominions to authors of works of literature, and the fine arts, and dramatic pieces, and musical compositions first produced in the following foreign countries, namely: 1 All the Orders in Council under the International Copyright Acts, 1844 and 1852. |