THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886. 1019 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.]
I
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 :-
ARTICLE I.
The Contracting States are constituted into an Union for the protection of the rights of authors over their literary and artistic works.
ARTICLE II.
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representatives, shall enjoy in the other countries for their works, whether published in one of those countries or unpublished, the rights which the respective laws do now or may hereafter grant to natives.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 publica- tion takes place simultaneously in several countries of the Union, that one of them in which the shortest térm 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For unpublished works the country to which the author belongs is considered the country of origin of the work.
ARTICLE III.
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.
ARTICLE IV:
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, printing, 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.
ARTICLE V.
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 expira- tion 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 collec- tions ("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.
ARTICLE VI.
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.