632755-1898-Despatch--Copyright-Works — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 7TH MAY, 1898.

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:-

"Authors belonging to any one of the countries of the Union, or their lawful representa- tives, 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 trauslation in the language for which protection is to be claimed.

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

"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.

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 it- self 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 coudition that the source is acknowledged.

"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 :-

"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, 1886, is modified as follows:

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

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

(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.

"(B.) Photographic works and works produced by an analogous process shall be ad- mitted to the benefits of these engagements in so far as the laws of each State may permit, and to the extent of the protection accorded by such laws to similar national works.

"It is understood that an authorized photograph of a work of art shall enjoy legal protection in all the countries of the Union, as contemplated by the Berne Convention and by the present Additional Act, for the same period as the principal right of reproduction of the work itself subsists, and within the limits of private arrangements between those who have legal rights."

2. No. 4.--This clause shall run as follows:-

The common agreement contemplated in Article XIV. of the Convention is established as follows:---

"The application of the Berne Convention and of the present Additional Act to works which have not fallen into the public domain within the country of origin at the time when these engagements come into force, shall operate according to such stipulations on this head as may be contained in special Conventions either actually existing or to be concluded hereafter.