497
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Japan is acting in a manner inimical to our interests to tell her so. We should be false both to her and to ourselves it we did not. And on the Tsingtao question, in regard to Mr. Shaw, and in the matter of obstructive regulations. we thing that our criticisms have been justified." (Applause.)
COPYRIGHT IN CHINA.
The Berne Convention.
It was unanimously agreed:
יי
That in connection with the resolution passed at the last conference urging the advisability of instituting copyright laws in China, this conference now desires to express the opinion that further representations should be addressed to the Chinese Government with a view to securing its adhesion to the Union for the Protection of Literary and Artistic Works created under the convention signed at Berne on the 9th September. 1886, by the Governments of Great Britain, Belgium, France, Germany, Hayti, Italy, Liberia, Spain, Switzerland and Tunis.
In moving the above resolution on behalf of Shanghai, Mr. F. J. Norbury said
Before moving the resolution it will doubtless be of interest to this conference to learn to what extent the proposal for China to join the Berne Convention would operate in British interests, and to that end I have taken extracts from the articles under which the parties to the convention bind themselves to protect the copyright properties of other nationals.
In 1886 the signatories to the convention were Great Britain. Germany, France. Belgium, Hayti, Italy. Liberia, Spain, Switzerland and Tunis and with the exception of Liberia, the signatures of the plenipotentiaries to that convention were in due course ratified.
"In 1896 the terms of the convention were amended, and by that time Luxemburg. Monaco and Montenegro had also become parties thereto.
Extracts from the convention are as follows:--
.
Article 1. The contracting States are constituted into a union for the protection of the rights of authors over their literary and artistic works.
2. 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representatives, shall enjoy in the other countries for their works, whether published in one of these countries or unpublished, the rights which the respective laws do now or may hereafter grant to natives.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.
4. 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, painting, 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.
5. Authors of any of the countries of the union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorising the translation of their works until the expiration of ten years from the publication of the original work in one of the countries of the union.
1fc. It is nevertheless agreed that the tribunals may, if necessary, require the production of a certificate from the competent authority, to the effect that the formalities prescribed by law in the country of origin have been accomplished, as contemplated in article 2.'
It will be noted that the United States of America and China are not included in the list of nations becoming parties to the Berne Convention.
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China has, however, a somewhat crude enactment whereby her own nationals may register their copyrights with the Minister of the Interior, but this does not appear to specifically state that it will afford protection to foreign copyright holders. America and England both entered into treaties with China to give reciprocal protection to copyright owners but the regulations proved to be vague and unsatis- factory and quickly fell into disuse.
It should also be borne in mind that by the Shanghai Treaty of 1902 China specifically undertook to provide protection to trade marks and copyrights, by cbacting laws to that end.
It is, therefore, considered to be a feasible and proper step to ask the Chinese Government to fulfil her undertaking by securing to British authors, artists and publishers the same amount of security they enjoy at home, by becoming parties to the Berne Convention of 1886 and as amended in 1896."
YANG-TSZE Conservancy.
Necessity for a Technical Commission,
It was unanimously agreed:
"That as a preliminary to the appointment by the Chinese Government of a Conservancy Board to improve the navigation of the Yang-tsze, as recommended in the resolution passed at last year's conference, this conference would strongly urge the nomination of a technical commission to make a preliminary study of the whole question with a view to formulating general proposals as to the lines on which this work should be taken in hand.'
Shanghai (Mr. Humphrys)—The mover of last year's resolution on this subject calculated that it would occupy him the full four days of the conference to enumerate the many important cities and the varied interests involved in the conservancy of the Yang-taze. "I am therefore sure you will approve if I dismiss very briefly and in very general terms the objects to be achieved.
These may be stated as follows:—
Firstly. To prevent any material diversion of the river from its present normal course, such diversion for instance as might result in the complete isolation of a treaty port and the destruction of a large area of country. "Secondly. To maintain a constant channel throughout the year for vessels
of more than 9 to 10 foot draft.
"Thirdly. To maintain adequate deep water frontage at treaty ports and at
all present or future important ports of call.
Fourthly. To prevent or at least restrict the effect of destructive floods. Fifthly. To convert large areas from what are now water-logged wastes into
fertile agricultural land.
"Sixthly. To create canals and improve irrigation where necessary.
៥៩
This modest programme-which 1 do not suggest is exhaustive is likely to involve engineering works of some difficulty and great cost: but the interests at stake are almost incalculable.
"We have not yet arrived at a stage when we can indicate except in the very general terms already mentioned either what improvements are required or where they are required, by what methods they are to be attained or how they can be financed.
The present state of mind of most of us on this subject can best be described as one of almost complete ignorance: but we cannot afford to remain in ignorance : the future of the Yang-tsze is too important-too vital to Chinese and foreign interests alike.
"The object of the present resolution then is to start nearer the beginning than our proposals of last year, and to take the initial step towards remedying our ignorance. We want to get some idea as to what tricks the Yang-tsze is likely to play on us within the next five or ten years if she is allowed to pursue her impetuous career unchaperoned and unchecked: we want some indication as to what restraints should be imposed on her and where and how they should be imposed and we want to distinguish between the more urgent requirements of the present and the probable requirements of the future.
No comments yet.
Private notes are available after approval.