631987-1898-Despatch-respecting-the-International-Copyright-Convention — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 29TH JANUARY, 1898.

His Royal Highness the Grand Duke of Luxemburg, M. Henri Vannerus, Chargé d'Affaires of Luxemburg at Paris;

His Most Serene Highness the Prince of Monaco, M. Hector de Rolland, Councillor of State, Advocate-General of the Superior Court of Monaco; M. Louis Mayer, Head of the Cabinet of His Most Serene Highness the Prince of Monaco;

His Highness the Prince of Montenegro, M. Henri Marcel, Minister, Plenipotentiary, Assistant in the Commercial Department of the French Ministry for Foreign Affairs;

The Federal Council of the Swiss Confederation, M. Charles Edouard Lardy, Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation to the French Republic;

His Highness the Bey of Tunis, M. Louis Renault, Professor of the Faculty of Law of Paris; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles :-

ARTICLE I.

The International Convention of the 9th September, 1886, is modified as follows:-

1. Article II.-The first paragraph of Article II shall run as follows:

"Authors belonging to any one of the countries of the Union, or their lawful representa- tives, shall enjoy in the other countries for their works, whether unpublished, or published for the first time in one of those countries, the rights which the respective laws do now or shali hereafter grant to nationals."

A fifth paragraph is added in these terms :----

"Posthumous works are included among those to be protected."

2. Article III.-Article III shall run as follows:-

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Authors not belonging to one of the countries of the Union, who shall have published or caused to be published for the first time their literary or artistic works in a country which is a party to the Union, shall enjoy, in respect of such works, the protection accorded by the Berne Convention, and by the present Additional Act.”

3. Article V. The first paragraph of Article V shall run as follows:

represen-

"Authors belonging to any one of the countries of the Union, or their lawful tatives, shall enjoy in the other countries the exclusive right of making or authorizing the translation of their works during the entire period of their right over the original work. Nevertheless, the exclusive right of translation shall cease to exist if the author shall not have availed himself of it, during a period of ten years from the date of the first publication of the original work, by publishing or causing to be published in one of the countries of the Union, a translation in the language for which protection is to be claimed.

4. Article VII.-Article VII shall run as follows:-

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Serial stories, including tales, published in the newspapers or periodicals of one of the countries of the Union, may not be reproduced, in original or translation, in the other countries, without the sanction of the authors or of their lawful representatives.

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This stipulation shall apply equally to other articles in newspapers or periodicals, when the authors or editors shall have expressly declared in the newspaper or periodical itself in which they shall have been published that the right of reproduction is prohibited. In the case of periodicals it shall suffice if such prohibition be indicated in general terms at the beginning of each number.

In the absence of prohibition, such articles may be reproduced on condition that the source is acknowledged.

66 In any case, the prohibition shall not apply to articles on political questions, to the news of the day, or to miscellaneous information."

5. Article XII.-Article XII shall run as follows:--

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Pirated works may be seized by the competent authorities of the countries of the Union where the original work is entitled to legal protection.

“The seizure shall take place conformably to the domestic law of each State."

6. Article XX.-The second paragraph of Article XX shall run as follows:-

"Such denunciation shall be made to the Government of the Swiss Confederation. It shall only be effective as regards the country making it, the Convention remaining in full force and effect for the other countries of the Union."

ARTICLE II.

The Final Protocol annexed to the Convention of the 9th September, 1896, is modified as follows:-

1. No. 1.--This clause shall run as follows:-

"As regards Article IV, it is agreed as follows:-

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(A.) In countries of the Union where protection is accorded not only to architectural plans, but also to the architectural works themselves, these works shall be admitted to the benefits of the Berne Convention and of the present Additional Act.