THE HONGKONG GOVERNMENT GAZETTE, 21ST APRIL, 1888..
GOVERNMENT NOTIFICATION.-No. 168.
381
The following Circular Despatch, accompanying a copy of an Order of Her Majesty in Council, is published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 21st April, 1888.
FREDERICK STEWART, Colonial Secretary.
CIRCULAR.
DOWNING STREET,
29th February, 1888.
SIR,- With reference to my Circular Despatch of the 18th November last, I have the honour to transmit to you, for information and publication in the Colony under your Government, a copy of an Order of the Queen in Council for bringing into effect from the sixth of December, 1887, the Conven- tion for the creation of an International Union for the protection to be given by way of copyright to the authors of literary and artistic works, which was signed at Berne on the 9th of September, 1886.
2. I take this opportunity to point out to you that the Imperial Copyright Acts for engraving and sculpture do not apply to the Colonies, and that apparently the Act of 1862 (25 and 26 Vic. cap. 63) giving copyright in paintings and photographs does not so apply. I would request your attention to sections 4, 8, 9, 10, of the Act of 1862, which, you will observe, apply to the United Kingdom only; and would invite you to compare the language of section 1 of that Act with the Copyright Act of 1842 (5 and 6 Vic., cap. 45), which (sec. 29) expressly gives literary copyright throughout Her Majesty's Dominions.
3. It would seem, therefore, that although the effect of section 8 of the Act of 1886 may be to protect the owner of copyright in works of art produced in a Colony against piracy in the United Kingdom, he would not be entitled to similar protection in another Colony.
4. I have therefore to request that I may be informed at your early convenience whether it is the wish of your Government that legislation should be initiated in the Imperial Parliament for ex- tending to works of art produced in a Colony the same privileges of copyright throughout the Empire as are now possessed by literary works produced in a Colony.
5 Luay indicate the following as a further reason which seems to render it desirable that such legislation should be had: A colonist producing a work of art in a foreign country would, under the Convention, appear to be entitled to such copyright as under the laws of that country would be enjoyed by its subjects; but if that country finds that reciprocal advantages are not obtainable by its subjects in the Colonies, it might be inclined to alter its law so as to withdraw these advantages from colonists residing in such country.
I have the honour to be,
Sir,
Your most obedient humble Servant,
The Officer Administering the Government of
HONGKONG.
KNUTSFORD.
At the Court at Windsor, the 28th day of November, 1887.
PRESENT,
The QUEEN's Most Excellent Majesty.
Lord President.
Lord Stanley of Preston.
Secretary Sir Henry Holland, Bart.
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 :