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'Admiral of the United Kingdom of Great Britain and Ireland and the Govern- ments of the Commonwealth of Australia and of New Zealand, it is provided that the branches of the Royal Naval Reserve established in Australia and New Zealand shall be called into actual service by His Majesty in Council, acting on the advice of his Governments of the Commonwealth of Australia and New Zealand respectively:

And whereas His Majesty's Privy Council and also the Governments of the Commonwealth of Australia and of the Colony of New Zealand have advised His Majesty that it is expedient to call into actual service the said force of Reserve Naval Volunteers:

Now, therefore, His Majesty, by and with the advice of His Majesty's Privy Council, and with the advice of the Governments of the Commonwealth of Australia and of the Colony of New Zealand, is pleased to order and direct that the said Reserve Naval Volunteers shall be called into actual service, and is pleased to authorise the Admiralty to give and when given to revoke or vary such directions as may seem necessary or proper for calling out all or any of the said Reserve Naval Volunteers as the occasion may require.

R. B. F. E. C.

W. W.

28330

No. 13.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

[Copyright for Works of Art in Canada.]

Royal Courts of Justice, MY LORD,

July 29, 1905. WE were honoured by your Lordship's commands, signified to us by Sir E. Gorst in his letter of 27th March last, stating that he was directed by your Lord- ship to transmit to us copies of documents in connection with the question as to the competency of Canada to carry out her obligations as regards copyright for works of art under the International Copyright Convention of 1886 and the additional Act of May 4th, 1896, and to request us to favour your Lordship with our opinion as to whether, under Section 9 of the International Copyright Act of 1886, artistic works first produced abroad in a country which is a party to the Berne International Con- vention of December 9th, 1886, do acquire copyright in Canada, as distinct from works first produced in the United Kingdom.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report-

That this question is one of considerable difficulty, but we think that it should be answered in the affirmative. Unless this view is correct no effect whatever is given in the British Possessions to international copyright in works of art.

We ought, however, to point out that Section 3 of the Order in Council of 1887

be may open to a different construction and may have been considered by the Canadian Government to affect the question. The point may be raised and decided at the instance of the owner of the foreign copyright by proceedings in the Canadian Courts with an appeal to the Privy Council. Until a decision to the contrary is given we think that His Majesty's Government should act upon the view which we have above indicated. the decision should be to the contrary, His Majesty's Government may consider it right to endeavour to correct by legislation the failure to carry out the terms of the Convention in this respect.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

J. E. SCRUTTON.

If

The Marquess of Lansdowne, K.G.,

&c.,

&c., &c.

25

Wi 2845 9/08 D * S * 22920

PUBLIC RECORD OFFICE

Reference :-

mimmil PEEC.O.

.885

16 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO