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2. As regards Article IX., it is agreed that those countries of the Union whose legislation implicitly includes choregraphic works amongst dramaticomusical works, expressly admit the former works to the benefits of the Convention concluded this day.
It is, however, understood that questions which may arise on the application of this clause shall rest within the competence of the respective Tribunals to decide.
3. It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright, shall not be considered as constituting an infringement of musical copyright.
4. The common agreement alluded to in Article XIV. of the Convention is established as follows:
The application of the Convention to works which have not fallen into the public domain at the time when it comes into force, shall operate according to the stipulations on this head which may be contained in special Conventions either existing or to be concluded.
In the absence of such stipulations between any 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.
5. The organization of the International Office established in virtue of Article XVI. of the Convention shall be fixed by a Regulation which will be drawn up by the Government of the Swiss Confederation.
The official language of the International Office will be French.
The International Office will collect all kinds of information relative to the protection of the rights of authors over their literary and artistic works. It will arrange and publish such information. It will study questions of general utility likely to be of interest to the Union, and, by the aid of documents placed at its disposal by the different Administrations, will edit a periodical publication in the French language treating questions which concern the Union. The Governments of the countries of the Union reserve to themselves the faculty of authorizing, by common accord, the publication by the Office of an edition in one or more other languages if experience should show this to be requisite.
The International Office will always hold itself at the disposal of members of the Union, with the view to furnish them with any special information they may require relative to the protection of literary and artistic works.
The Administration of the country where a Conference is about to be held, will prepare the programme of the Conference with the assistance of the International Office.
The Director of the International Office will attend the sittings of the Conferences, and will take part in the discussions without a deliberative voice. He will make an annual Report on his administration, which shall be communicated to all the members of the Union.
The expenses of the Office of the International Union shall be shared by the Contracting States. Unless a fresh arrangement be made, they cannot exceed a sum of 60,000 fr. a year. This sum may be increased by the decision of one of the Conferences provided for in Article XVII.
The share of the total expense to be paid by each country shall be determined by the division of the contracting and acceding States into six classes, each of which shall contribute in the proportion of a certain number of units, viz. :—
The coefficients will be multiplied by the numbers of States of each class, and the total product thus obtained will give the number of units by which the total expense is to be divided. The quotient will give the amount of the
unity of expense.
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
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 proces-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, &c.
The undersigned Delegates request the Swiss Federal Council to be so good as to take the necessary steps to invite the Governments represented at the Conference to transform the above project into a definitive Convention, at a diplomatic Conference to be held within the delay of one year.
They further suggest that the project should, with the same object, be also communicated by the Swiss Federal Council to the Governments of the countries not represented at the Conference.
In witness whereof, the respective Delegates have drawn up the present final proces-verbal, and have affixed thereto their signatures.
Done at Berne, the 18th September, 1885, in a single instrument, which shall be deposited in the archives of the Swiss Confederation.
ment of Act.
A BILL TO CONSOLIDATE AND AMEND THE LAW
WHEREAS it is desirable to amend and consolidate the law of copyright: and whereas the Commissioners lately appointed by Her Majesty to inquire with regard to the laws and regulatious relating to copyright, have by their report to Her Majesty made various recommendations, which, with certain exceptions, it is expedient to carry into effect:
Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows:
1. This Act may be cited as The Copyright Act, 188
3. This Act shall be proclaimed in every British possession by the governor Commence- thereof as soon as may be after he receives notice of this Act, and shall come into operation in every part of Her Majesty's dominions on the first day of January, one thousand eight hundred and eighty- which day is in this Act referred to as the commencement of this Act.
4. In the construction of this Act
PERSON shall mean any person, whether a British subject or an alien. Book shall mean any volume, or part of a volume, or pamphlet, and include the illustrations therein; or sheet of letterpress, illustrated or otherwise; sheet, or collection of sheets, of music; map, or chart, or plan, separately published. Book shall also mean and include a collective book and a periodical, but shall not include the advertisements or news in a newspaper.
PERIODICAL shall mean a magazine, review, newpaper, except the news or advertisements therein, or any other similar book published in parts, and include the illustrations therein; but shall not mean an encyclopædia or a dictionary.
COLLECTIVE BOOK shall mean an encyclopædia or dictionary or book of which more than one person is the author, and include the illustrations therein; and the editor whose name stands first or alone on the title-page or cover of the last part of the first edition of such a book, shall for the purposes of this Act be deemed the author thereof.
ANONYMOUS WORK shall mean a work not published with the author's, inventor's, designer's, or maker's true name attached to it, or not registered in his true name during that author's lifetime.
POSTHUMOUS WORK shall mean a work, anonymous or otherwise, first published after the death of the author, inventor, designer, or maker.
DRAMATIC PIECE shall mean a tragedy, comedy, play, opera, farce, or any other scenic, musical, or dramatic composition.
WORK OF FINE ART shall mean a painting, drawing, piece of statuary or Definitions. sculpture, an original engraving, etching, or pictorial design; or an engraving, etching, lithograph, or photographic negative of a pictorial illustration, or of any work connected with the fine arts; also any similar work produced by any other process; also any print therefrom; also a model, or copy or cast, or a sketch or design intended to be perfected as a work of fine art.
WORK shall mean and include a book, periodical, collective book, anonymous or posthumous work, dramatic piece, a work of fine art, lecture, sermon, and anything that is the subject of copyright under this Act.
FIRST PUBLICATION shall mean either
The first act of offering to the public gratuitously or for sale;
or first public performance;
or first public exposure for reward or payment to the owner of the copyright.
PUBLIC PERFORMANCE shall mean delivery or performance in a place to which admit ance is obtained by the public by payment or subscription, or gratuitous delivery to the public, or delivery or performance for hire.
Copyright on and after Publication.
5. Any person who shall be the author, inventor, designer, or maker of
any lecture or sermon;
any dramatic piece;
or any work of fine art;
or his lawful representatives or assigns, shall have the sole right
To print, reprint, model, draw, paint, engrave, photograph, or otherwise copyright. copy from the model, cast, engrave, photograph, or multiply copies,
in any size, in whole or in part, by any means whatsoever;
to translate, dramatise, or abridge;
to publish, import, expose publicly or for sale, or sell ;
to deliver, perform publicly, or permit, or cause to be so delivered or
and to reduce the score, to arrange and to adapt the air or melody of
and this right shall be termed copyright.
6. Copyright shall last and endure from the first publication of the work Duration of for the life of the author, inventor, designer, or maker, and until thirty years copyright. after the end of the year in which he died;
Except that in the case of a posthumous or anonymous work, an anonymous Exceptions. article in a periodical not subsequently republished in any other form, an engraving, etching, lithograph, or any similar work produced by any other process, or any print therefrom, which does not form part of a book, this right shall only last for the remainder of the year in which it is first published, and thirty years afterwards, and in the case of an anonymous collective book for the year in which its publication is completed, and thirty years afterwards;
Except also that the right of republication in a separate form shall revert to the author of any article sold only for publication in a periodical after three years from the first publication thereof.
Except also that the proprietor of any periodical or collective book shall not have the right to publish in a separate form any article bought for publication therein only, without the written consent of the author;
Except also that the copyright in a photograph which does not form part
of a book, by being first published as an illustration therein and thereof, shall only last for the remainder of the year in which it is published and five years afterwards.
7. No person shall be entitled by this Act to copyright in any work other publication. than a dramatic piece, lecture, or sermon, unless it is first published in the British dominions; nor in any dramatic piece, lecture, or sermon, unless it is published or publicly performed therein within one year of its first publication elsewhere.
a work of
fine art, &c.
Appointment of Registrar.
Register and deposit of copies.
and to send
copies to libraries.
8. The copyright in any work of fine art shall pass to the purchaser of the work unless reserved to the author, inventor, designer, or maker thereof by note or memorandum in writing.
8.* In the case of a portrait painted, drawn, or sculptured on commission, or an engraving, or an etching, or a lithograph, or a photographic negative, or any similar work, or a book, periodical, or collective book, or any part thereof, made or executed or written on commission, the purchaser for whom such commissioned work has been executed shall for the purposes of this Act be deemed the original owner of the copyright therein.
9. This Act shall not confer copyright in immoral, seditious, libellous, or blasphemous works.
10. It shall be the duty of the Registrar of Designs and Trade Marks to keep a register of works in which copyright exists.
11. The copyright owner of a book, a printed dramatic piece, or any second or subsequent edition thereof containing additions or alterations, or of a part of a book, first published in the United Kingdom, shall within one month of publication or of becoming owner thereof, if the work has not previously been registered, deliver to the said Registrar five copies thereof; and of an engraving, etching, lithographic or photographic or similar print so published, one copy thereof; and such particulars concerning the work as the Registrar shall require, and shall pay him a fee of one shilling and no more.
12. The Registrar shall upon delivery thereof at any time make in the give receipt register a memorandum of the receipt of the work to be registered, and of the title, date of publication, name and address of the owner thereof, and deliver a certified copy of such memorandum to the person registering the same, and within one month thereafter shall send one copy of the work registered, if a book or printed dramatic piece, or a print from an engraving, lithograph, etching, or photographic negative, or similar print, to the British Museum, and also, at the expense of these respective institutions, one copy of every book or printed dramatic piece thus registered to the Bodleian Library at Oxford, one to the Public Library at Cambridge, one to the Library of the Faculty of Advocates, Edinburgh, and one to the Library of Trinity College, Dublin.
Registration 13. Paintings, drawings, sculpture, or any similar work of fine art must be of paintings, registered in the manner required by the Registrar, by the transferee within one month after the copyright therein becomes vested in some other person than the owner of the work itself, but a copy of the work need not be delivered to the Registrar for this purpose.
14. Within one month of the first sale or first public performance of any of dramatic dramatic piece in the United Kingdom, the copyright owner shall register it in the manner required by the Registrar, if not already registered as a book, at the office of the Registrar of Copyrights.
Registration of periodi
15. It shall not be necessary to pay more than one fee of one shilling for registering a periodical or collective book, but five copies of every part of it,