110
THE HONGKONG GOVERNMENT GAZETTE, 5TH FEBRUARY, 1887.
2. The "romans-feuilletons" constituting less a newspaper article than a literary work published in a special form, it is understood that, with regard to their reproduction, either in original or in translation, they are regulated not by Article VII, but by Articles II, V, X, and XI of the Convention concluded to-day.
3. The right of publication of dramatic and dramatico-musical works in their original language, or in translation, and the right of representing these same works in their original language, or in translation, are entirely distinct from each other; consequently, the publication of such a work does not authorize the representation without the consent of the author, any more than the representation authorizes the publication.
4. Dramatization, that is to say, the transformation of a story into a play, or vice versâ, is especially included among the unauthorized indirect appropriations which Article X characterizes as illicit reproductions.
Sir,
No. 2.
Mr. Bryce to Sir R. Herbert.*
Foreign Office, July 19, 1886.
I AM directed by the Earl of Rosebery to state to you, for the information of Earl Granville, that the International and Colonial Copyright Act having been passed, Her Majesty's Government have accepted the invitation of the Swiss Government to be represented at a Conference to be held at Berne in September next for the purpose of signing the International Copyright Convention.
In view of recent correspondence with the Colonial Office, his Lordship presumes that the British Delegates should notify that the accession to the Union of Great Britain comprehends all the British Colonies; but I am directed to inquire whether Lord Granville thinks that it will be desirable to add a Declaration to the effect that any one of the Representative Colonies may give notice of withdrawal separately by means of a communication to that effect made by the Imperial Government.
[† In case Lord Granville thinks this course desirable, will you inform me whether he thinks that the list of the Colonies to be named in such Declaration should be the same as that now included in the Colonial Article contained in recent Commercial Treaties.]
&c.
J. BRYCE.
I am,
(Signed)
No. 3.
Mr. Bryce to Sir T. Farrer.
Sir,
Foreign Office, July 20, 1886.
I AM directed by the Earl of Rosebery to transmit to you, to be laid before the Board of Trade, a copy of a note from the Swiss Agent and Consul-General in London, inclosing copies of a Project of Declaration which the French Government will propose for signature simultaneously with the International Copyright Convention at the Conference to be held next September.‡
Upon this Project Lord Rosebery-desires to make the following observations :- Clauses 1 and 2 appear to be unobjectionable.
Clause 3 appears to be substantially in accordance with existing British law, but it would be desirable to have further explanations as to the exact meaning which is attached to the first sentence. In regard to clause 4, it is believed that existing British law forbids the publication of an unauthorized dramatic version of a novel, but not its representation on the stage.
The Board of Trade will recollect that the British Delegates to the Copyright Conference last year recommended in their Report (p. 56 of Blue Book and section 5 of Mr. Daldy's draft Bill, p. 39) that the law should be altered so as practically to prohibit both publication and performance, and this recommendation will, no doubt, be considered in connection with any scheme of consolidation which may eventually be brought forward.
As the law stands now, however, it seems that protection could only be guaranteed in this country so far as regards publication.
Under these circumstances Lord Rosebery, would be glad to be informed whether, in the opinion of the Board, the British Delegates at the approaching Conference should be instructed to express the concurrence of Her Majesty's Government in the principle enunciated in clause 4 of the French Project, but to declare that, until the existing British law can be altered, protection cannot be guaranteed so far as regards representation on the stage of a dramatic version of a novel.
It appears, however, to be of importance to discourage the proposal of any substantial alterations in the draft Convention agreed to last year, to meet the exact terms of which the British International Copyright Acts have already been amended by the Statute just passed, and his Lordship would therefore propose, with the concurrence of the Board of Trade, to reply to M. Vernet's note in the terms of the annexed draft.§
Į
I am, &c. (Signed)
* Also to India Office.
+ To Colonial Office only.
‡ No. 1.
J. BRYCE.
§ See No. 6.