The Order in Council of 5th August 1875, revoking the application of Section 6 of 15 & 16 Vict. c. 12 to dramatic pieces referred to in the Order in Council of 10th January 1852 with respect to works first published in France. THE ADDITIONAL ACT OF PARIS, 1896. 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countries of the Union, or their lawful representatives, shall enjoy in the other countries for their works, whether unpublished, or published for the first time in one of those countries, the rights which the respective laws do now or shall hereafter grant to nationals."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 1886. 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. ARTICLE IV. The present Additional Act shall have the same force and duration as the Convention of the 9th September 1886. It shall be ratified, and the ratifications shall be exchanged at Paris, in the manner adopted in the case of that Convention, as soon as possible, and within the space of one year at the latest. It shall come into force as regards those countries which shall have ratified it three months after such exchange of ratifications. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Paris in a single transcript, the 4th May 1896. Procès-Verbal recording Deposit of Ratification. Circumstances having prevented action being taken within the period of delay originally fixed for the exchange of the ratifications of the Additional Act of the 4th May 1896, modifying Articles II., III., V., VII., XII., and XX. of the Convention of the 9th September 1886, and clauses I and 4 of the Final Protocol annexed thereto, as well as of the Declaration interpreting certain stipulations of the Convention of Berne of the 9th September 1886, and of the Additional Act signed at Paris on the 4th May 1896, it has been unanimously agreed that that period should be prolonged until this day. In consequence whereof the Undersigned have met together in order to deposit the instruments in question. Germany, Belgium, Spain, France, Italy, Luxemburg, Monaco, Montenegro, Switzerland, and Tunis have ratified both engagements. Great Britain has ratified the Additional Act alone, on behalf of the United Kingdom, as well as of all the British Colonies and Possessions. Norway has only ratified the interpretative Declaration. The respective ratifications having been produced and found to be in good and due form, have been handed to the French Minister for Foreign Affairs, in order that they may be deposited in the archives of the Ministry, such deposit to be held equivalent to an exchange of ratifications. In faith of which the Undersigned have prepared the present Record of deposit, to which they have affixed their seals. Done at Paris, the 9th September 1897. ORDER IN COUNCIL, MARCH 7, 1898. WHEREAS, &C. (Preamble recites the Berne Convention, 1886, Order in Council November 28, 1887, other Orders in Council affecting countries. subsequently acceding, and the Additional Act of Paris.) 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 Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows: (1.) The Additional Act of 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, Luxemburg, Monaco, Montenegro, (3.) The fourth article of the Order in Council of November 28, 1887, shall as from the commencement of this Order cease to apply to the foreign countries to which this Order extends : (4) The Order in Council of November 28, 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 November 28, 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. TREASURY MINUTE TREASURY MINUTE 2 DEALING WITH THE COPYRIGHT IN GOVERNMENT PUBLICATIONS, AUGUST 31, 1887. My Lords take into consideration the correspondence which has passed between the Treasury and the Stationery Office on the subject of Copyright in Government publications. 1 The following countries subsequently acceded to the Additional Act of Paris. By Orders in Council of the respective dates given hereunder the provisions of the above Order in Council are extended to the acceding countries, viz. :— Haiti, May 19, 1898; Japan, August 8, 1899. |