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as from the passing of this Act to the extent in the third column of that schedule mentioned:
Provided as follows:
(a.) Where an Order in Council has been made before the passing of this Act under the said Acts as respects any foreign country the enactments hereby repealed shall continue in full force as respects that country until the said Order is revoked.
(b.) The said repeal and revocation shall not prejudice any rights acquired previously to such repeal or revocation, and such rights shall continue and may be enforced in like manner as if the said repeal or revocation had not been enacted or made.
ARTICLES OF THE INTERNATIONAL COPYRIGHT
Final Act of the Second International Conference for the Protection of Literary and Artistic Works.
The Undersigned, Delegates of the Governments of Germany, Spain, France, Great Britian, Haïti, Honduras, Italy, the Netherlands, Sweden and Norway, Switzerland, and Tunis, empowered to take part in the second International Conference for the protection of literary and artistic works, which met at Berne the 7th September, 1885, having terminated their labours, submit to the Governments of the countries they represent the draft Convention, with additional Article and Final Protocol, of which the following is the text:
I.-Convention concerning the creation of an International Union for the Protection of Literary and Artistic Works.
[Enumeration of the High Contracting Parties.]
being equally animated by the desire to protect effectively, and in as uniform a manner as possible, the rights of authors over their literary and artistic works,
Have resolved to conclude a Convention to that effect, and have named for their Plenipotentiaries, that is to say :
Who, having communicated to each other their respective Full Powers, found in good and due form, have agreed upon the following Articles :ART. 1. The Contracting States are constituted into an Union for the protection of the rights of authors over their literary and artistic works.
ART. 2. Authors of any of the countries of the Union, or their lawful representatives, shall enjoy in the other countries for their works, whether published in one of those countries or unpublished, the rights which the respective laws do now or may hereafter grant to natives.
The enjoyment of these rights is subject to the accomplishment of the conditions and formalities prescribed by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the said country of origin.
The country of origin of the work is that in which the work is first published, or if such publication takes place simultaneously in several countries of the Union, that one of them in which the shortest term of protection is granted by law.
For unpublished works the country to which the author belongs is considered the country of origin of the work.
ART. 3. The stipulations of the present Convention apply equally to the 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.
ART. 4. The expression "literary and artistic works" comprehends books, pamphlets, and all other writings; dramatic or dramatico-musical works, musical compositions with or without words; works of design, painting, sculpture, and engraving; lithographs, illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture, or science in general; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction.
ART. 5. Authors of any of the countries of the Union, or their legal representatives, shall enjoy in the other countries the exclusive right of making or authorizing the translation of their works until the expiration of ten years from the publication of the original work in one of the countries of the Union.
For works published in incomplete parts ("livraisons ") the period of ten years commences from the date of publication of the last part of the original work.
For works composed of several volumes published at intervals, as well as for bulletins or collections ("cahiers ") published by literary or scientific Societies, or by private persons, each volume, bulletin, or collection is, with regard to the period of ten years, considered as a separate work.
In the cases provided for by the present Article, and for the calculation of the period of protection, the 31st December of the year in which the work was published is admitted as the date of publication.
ART. 6. Authorized translations are protected as original works. They consequently enjoy the protection stipulated in Articles II. and III. as regards their unauthorized reproduction in the countries of the Union.
It is understood that, in the case of a work for which the translating right has fallen into the public domain, the translator cannot oppose the translation of the same work by other writers.
ART. 7. Articles from newspapers or periodicals published in any of the countries of the Union may be reproduced in original or in translation, unless the authors or publishers have expressly forbidden it. For periodicals it is sufficient if the prohibition is made in a general manner at the beginning of each number of the periodical.
This prohibition cannot in any case apply to articles of political discussion, or to the reproduction of news of the day or current topics.
ART. 8. As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational or scientific purposes, or for chrestomathies, the matter is to be decided by the legislation of the different countries of the Union or by special arrangements existing or to be concluded between them.
ART. 9. The stipulations of Article 2 apply to the public representation of dramatic or dramatico-musical works, whether such works be published or
Authors of dramatic or dramatico-musical works, or their legal representatives, are, during the existence of their exclusive right of translation, equally protected against the unauthorized public representation of translations of their works.
The stipulations of Article 2 apply equally to the public performance of unpublished musical works, or of published works in which the author has expressly declared on the title-page or commencement of the work that he forbids the public performance.
ART. 10. Unauthorized indirect appropriations of a literary or artistic work, of various kinds such as adaptations, arrangements of music, &c., are specially included amongst the illicit reproductions to which the present
Convention applies, when they are only the reproduction of a particular work, in the same form, or in another form, with non-essential alterations, additions, or abridgments, so made as not to confer the character of a new original work.
It is agreed that, in the application of the present Article, the Tribunals of the various countries of the Union will, if there is occasion, conform themselves to the provisions of their respective laws.
ART. 11. In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to institute proceedings against pirates before the Courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.
For anonymous or pseudonymous works, the publisher whose name is indicated on the work is entitled to protect the rights belonging to the author. He is, without other proof, reputed the legal representative of the anonymous or pseudonymous author.
It is, nevertheless, agreed that the Tribunals may, if necessary, require the production of a certificate from the competent authority to the effect that the formalities prescribed by law in the country of origin have been accomplished, as contemplated in Article 2.
ART. 12. Pirated works may be seized on importation into those countries of the Union where the original work enjoys legal protection.
The seizure shall take place conformably to the domestic law of each State.
ART. 13. It is understood that the provisions of the present Convention cannot in any way derogate from the right belonging to the Government of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibition of any works or productions in regard to which the competent authority may find it necessary to exercise that right.
ART. 14. Under the reserves and conditions to be determined by common agreement, 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.
ART. 15. It is understood that the Governments of the countries of the Union reserve to themselves respectively the right to enter into separate and particular arrangements between each other, provided always that such arrangements confer upon authors or their legal representatives more extended rights than those granted by the Union, or embody other stipulations not contrary to the present Convention.
ART. 16. An international office is established, under the name of “Office of the International Union for the Protection of Literary and Artistic Works." This office, of which the expenses will be borne by the Administrations of all the countries of the Union, is placed under the high authority of the Superior administration of the Swiss Confederation, and works under its direction. The functions of this Office are determined by common accord between the countries of the Union.
ART. 17. The present Convention may be submitted to revisions in order to introduce therein amendments calculated to perfect the system of the Union.
Questions of this kind, as well as those which are of interest to the Union in other respects, will be considered in Conferences to be held successively in the countries of the Union by Delegates of the said countries.
It is understood that no alteration in the present Convention shall be * See paragraph 4 of Final Protocol, p. 64.
binding on the Union except by the unanimous consent of the countries composing it.
ART. 18. Countries which have not become parties to the present Convention, and which grant by their domestic law the protection of rights secured by this Convention, shall be admitted to accede thereto on request to that effect.
Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union.
Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present Convention.
ART. 19. Countries acceding to the present Convention shall also have the right to accede thereto at any time for their Colonies or foreign possessions.
They may do this either by a general declaration comprehending all their Colonies or possessions within the accession, or by specially naming those comprised therein, or by simply indicating those which are excluded.
ART. 20. The present Convention shall be put in force three months after the exchange of the ratifications, and shall remain in effect for an indefinite period until the termination of a year from the day on which it may have been denounced.
Such denunciation shall be made to the Government authorised to receive accessions, and 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.
ART. 21. The present Convention shall be ratified, and the ratifications exchanged at within the space of one year at the latest.
II.—Additional Article. The Pienipotentiaries assembled to sign the Convention concerning the creation of an International Union for the protection of literary and artistic works have agreed upon the following Additional Article, which shall be ratified together with the Convention to which it relates:
The Convention concluded this day in no wise affects the maintenance of existing Conventions between the Contracting States, provided always that such Conventions confer on authors, or their legal representatives, rights more extended than those secured by the Union, or contain other stipulations which are not contrary to the said Convention.
III.-Final Protocol. In proceeding to the signature of the Convention concluded this day, the undersigned Plenipotentiaries have declared and stipulated as follows:
1. As regards Article IV., it is agreed that those countries of the Union where the character of artistic works is not refused to photographs, engage to admit them to the benefits of the Convention concluded to-day, from the date of its coming into effect. They are, however, not bound to protect the authors of such works further than is permitted by their own legislation, except in the case of international engagements already existing, or which may hereafter be entered into by them.
It is understood that an authorized photograph of a protected work of art shall enjoy legal protection in all the countries of the Union, as contemplated by the said Convention, 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.