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RIGHT OF TRANSLATION AND COPYRIGHT IN TRANSLATIONS.
THE RIGHT OF TRANSLATION AND COPYRIGHT IN TRANSLATIONS.
The conditions upon which authors of any country of the Union, or their lawful representatives, under the above Act and the International Copyright Union, can obtain protection for their works or translations thereof are
1. That they shall enjoy in the other countries the rights which the respective laws do now or may hereafter grant to natives.
2. The stipulations apply equally to publishers of literary and artistic works published in one of the countries of the Union, but of which the authors belong to a country which is not a party to the Union. (Thus it may be said that whilst an American author his country not having joined the Union—could not himself acquire the rights conferred by the Convention, his English publisher, by priority of publication, could do so.)
3. Authors of the Union, or their representatives, shall enjoy in the other countries the exclusive right of making or authorising the translations until the expiration of ten years from date of original publication.
4. Such translations, if published within the ten years mentioned above, are protected as original works, and enjoy the same period of protection.
5. Works for which the translation rights have fallen into the public domain can be translated by any one.
6. Articles in newspapers or periodicals can be reproduced in original or translation, unless expressly forbidden by authors or publishers, which prohibition, as regards periodicals, may be made by notification at the beginning of each number.
7. In order that authors may be admitted to institute proceedings against pirates it will be sufficient that their names be indicated on the work in the accustomed manner; or in the case of anonymous or pseudonymous work, the publisher is entitled to protect these rights; nevertheless the tribunals may, if necessary, require the production of a certificate that the formalities prescribed by the country of origin have been accomplished.
8. The present Convention applies to all works which at the moment of its coming into force have not yet fallen into the public domain in the country of origin-subject to stipulations which may be contained in special Conventions either existing or to be concluded.
(The articles in full of the Convention will be found in the Appendix.)
INTERNATIONAL AND COLONIAL COPYRIGHT ACT.
ARRANGEMENT OF CLAUSES.
1. Short titles and construction.
2. Amendment as to extent and effect of order under International Copyright Acts.
3. Simultaneous publication.
4. Modification of certain provisions of International Copyright Acts.
5. Restriction on translation.
6. Application of Act to existing works.
7. Evidence of foreign copyright.
8. Application of Copyright Acts to colonies.
9. Application of International Copyright Acts to colonies.
10. Making of Orders in Council.
12. Repeal of Acts.
An Act to amend the Law respecting International and Colonial Copyright. [June 25, 1886.
WHEREAS by the International Copyright Acts Her Majesty is authorized by Order in Council to direct that as regards literary and artistic works first published in a foreign country the author shall have copyright therein during the period specified in the order, not exceeding the period during which authors of the like works first published in the United Kingdom have copyright:
And whereas at an international conference held at Berne in the month of September one thousand eight hundred and eighty-five a draft of a convention was agreed to for giving to authors of literary and artistic works first published in one of the countries parties to the convention copyright in such works throughout the other countries parties to the convention:
And whereas, without the authority of Parliament, such convention cannot be carried into effect in Her Majesty's dominions, and consequently Her Majesty cannot become a party thereto, and it is expedient to enable Her Majesty to accede to the convention:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the I ords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1.-(1.) This Act may be cited as the International Copyright Act, 1866. Short titles (2.) The Acts specified in the first part of the First Schedule to this Act and construc are in this Act referred to and may be cited by the short titles in that schedule mentioned, and those Acts, together with the enactment specified in the second part of the said schedule, are in this Act collectively referred to as the International Copyright Acts.
The Acts specified in the Second Schedule to this Act may be cited by the
short titles in that schedule mentioned, and those Acts are in this Act referred to, and may be cited collectively as the Copyright Acts.
(3.) This Act and the International Copyright Acts shall be construed together, and may be cited together as the International Copyright Acts, 1844 to 1886.
2. The following provisions shall apply to an Order in Council under the as to extent International Copyright Acts:—
and effect of
(1.) The order may extend to all the several foreign countries named or
(2.) The order may exclude or limit the rights conferred by the Inter-
3. (1.) An Order in Council under the International Copyright Acts may neous pub- provide for determining the country in which a literary or artistic work first produced simultaneously in two or more countries, is to be deemed, for the purpose of copyright, to have been first produced, and for the purposes of this section "country" means the United Kingdom and a country to which an order under the said Acts applies.
(2.) Where a work produced simultaneously in the United Kingdom, and in some foreign country or countries, is by virtue of an Order in Council under the International Copyright Acts deemed for the purpose of copyright to be first produced in one of the said foreign countries, and not in the United Kingdom, the copyright in the United Kingdom shall be such only as exists by virtue of production in the said foreign country, and shall not be such as would have been acquired if the work had been first produced in the United Kingdom.
4.-(1.) Where an order respecting any foreign country is made under the of certain International Copyright Acts the provisions of those Acts with respect to the provisions of International registry and delivery of copies of works shall not apply to works produced in Copyright such country except so far as provided by the order.
(2.) Before making an Order in Council under the International Copyright Acts in respect of any foreign country, Her Majesty in Council shall be satisfied that that foreign country has made such provisions (if any) as it appears to Her Majesty expedient to require for the protection of authors of works first produced in the United Kingdom.
5.—(1.) Where a work being a book or dramatic piece is first produced in a foreign country to which an Order in Council under the International Copyright Acts applies, the author or publisher, as the case may be, shall, unless otherwise directed by the order, have the same right of preventing the production in and importation into the United Kingdom of any translation not authorised by him of the said work as he has of preventing the production and importation of the original work.
(2.) Provided that if after the expiration of ten years, or any other term prescribed by the order, next after the end of the year in which the work, or in the case of a book published in numbers each number of the book, was first produced, an authorised translation in the English language of such work or number has not been produced, the said right to prevent the production in and importation into the United Kingdom of an unauthorised translation of such work shall cease.
(3.) The law relating to copyright, including this Act, shall apply to a lawfully produced translation of a work in like manner as if it were an original work.
(4.) Such of the provisions of the International Copyright Act, 1852, relating to translations as are unrepealed by this Act shall apply in like manner as if they were re-enacted in this section.
of Act to existing works.
6. Where an Order in Council is made under the International Copyright Application Acts with respect to any foreign country, the author and publisher of any literary or artistic work first produced before the date at which such order comes into operation shall be entitled to the same rights and remedies as if the said Acts and this Act and the said order had applied to the said foreign country at the date of the said production, Provided that where any person had before the date of the publication of an Order in Council lawfully produced any work in the United Kingdom, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such production which are subsisting and valuable at the said date. 7. Where it is necessary to prove the existence or proprietorship of the Evidence of copyright of any work first produced in a foreign country to which an Order foreign copyright. in Council until the International Copyright Acts applies, an extract from a register, or a certificate or other document stating the existence of the copyright, or the person who is the proprietor of such copyright, or is for the purpose of any legal proceedings in the United Kingdom deemed to be entitled to such copyright, if authenticated by the official seal of a Minister of State of the said foreign country, or by the official seal or the signature of a British diplomatic or consular officer acting in such country, shall be admissible as evidence of the facts named therein, and all courts shall take judicial notice of every such official seal and signature as is in this section mentioned, and shall admit in evidence, without proof, the documents authenticated by it.
8.-(1.) The Copyright Acts shall, subject to the provisions of this Act, Application apply to a literary or artistic work first produced in a British possession in of Copyright like manner as they apply to a work first produced in the United Kingdom: colonies. Provided that
(a) the enactments respecting the registry of the copyright in such work shall not apply if the law of such possession provides for the registration of such copyright; and
(b) where such work is a book the delivery to any persons or body of persons of a copy of any such work shall not be required.
(2.) Where a register of copyright in books is kept under the authority cf the government of a British possession, an extract from that register purporting to be certified as a true copy by the officer keeping it, and authenticated by the public seal of the British possession, or by the official seal or the signature of the governor of a British possession, or of a colonial secretary, or of some secretary or minister administering a department of the government of a British possession, shall be admissible in evidence of the contents of that register, and all courts shall take judicial notice of every such seal and signature, and shall admit in evidence, without further proof, all documents authenticated by it.
(3.) Where before the passing of this Act an Act or ordinance has been
passed in any British possession respecting copyright in any literary or artistic works, Her Majesty in Council may make an Order modifying the Copyright Acts and this Act, so far as they apply to such British possession, and to literary and artistic works first produced therein, in such manner as to Her Majesty in Council seenis expedient.
(4.) Nothing in the Copyright Acts or this Act shall prevent the passing in a British possession of any Act or ordinance respecting the copyright within the limits of such possession of works first produced in that possession. Application 9. (1.) Where it appears to Her Majesty expedient that an Order in of InternaCouncil under the International Copyright Acts made after the passing of tional Copyright Acts this Act as respects any foreign country, should not apply to any British posto colonies. session, it shall be lawful for Her Majesty by the same or any other Order in Council to declare that such Order and the International Copyright Acts and this Act shall not, and the same shall not, apply to such British possession, except so far as is necessary for preventing any prejudice to any rights acquired previously to the date of such Order; and the expressions in the said Acts relating to Her Majesty's dominions shall be construed accordingly; but save as provided by such declaration the said Acts and this Act shall apply to every British possession as if it were part of the United Kingdom. 10.-(1.) It shall be lawful for Her Majesty from time to time to make Orders in Council for the purposes of the International Copyright Acts and this Act, and for revoking or altering any Order in Council previously made in pursuance of the said Acts, or any of them.
(2.) Any such Order in Council shall not affect prejudicially any rights acquired or accrued at the date of such Order coming into operation, and shall provide for the protection of such rights.
Definitions. 11. In this Act, unless the context otherwise requires
The expression "literary and artistic work means every book, print, lithograph, article of sculpture, dramatic piece, musical composition, painting, drawing, photograph, and other work of literature and art to which the Copyright Acts or the International Copyright Acts, as the case requires, extend.
The expression "author" means the author, inventor, designer, engraver, or maker of any literary or artistic work, and includes any person claiming through the author; and in the case of a posthumous work means the proprietor of the manuscript of such work and any person claiming through him; and in the case of an encyclopædia, review, magazine, periodical work, or work published in a series of books or parts, includes the proprietor, projector, publisher, or conductor.
The expressions "performed" and "performance" and similar words include representation and similar words.
The expression "produced" means, as the case requires, published or made, or, performed or represented, and the expression "production" is to be construed accordingly.
The expression "book published in numbers" includes any review, magazine, periodical work, work published in a series of books or parts, transactions of a society or body, and other books of which different volumes or parts are published at different times.
The expression "treaty" includes any convention or arrangement.
The expression "British possession" includes any part of Her Majesty's dominions exclusive of the United Kingdom; and where parts of such dominions are under both a central and a local legislature, all parts under one central legislature are for the purposes of this definition deemed to be one British possession.
12. The Acts specified in the Third Schedule to this Act are hereby repealed