THE HONGKONG GOVERNMENT GAZETTE, 21ST JANUARY, 1888.
Additional Article.
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The Plenipotentiaries assembled to sign the Convention concerning the creation of an International Union for the protection of literary and artistic works have agreed upon the following Additional Article, which shall be ratified together with the Convention to which it relates:-
The Convention concluded this day in no wise affects the maintenance of existing Conventions between the Contracting States, provided always that such Conventions confer on authors, or their lawful representatives, rights more extended than those secured by the Union, or contain other stipu- lations which are not contrary to the said Convention.
In witness whereof, the respective Plenipotentiaries have signed the present Additional Article. Done at Berne, the 9th day of September, 1886.
(Signed)
F. O. ADAMS.
J. H. G. BERGNE. OTTO VON BÜLOW. MAURICE DELFOSSE. ALMINA.
VILLA-AMIL.
EMMANUEL ARAGO. LOUIS JOSEPH JANVIER. E. DI BECCARIA. KENTZER.
DROZ.
L. RUCHONNET. A. D'ORELLI.
L. RENAULT.
Final Protocol.
In proceeding to the signature of the Convention concluded this day, the undersigned Plenipoten- tiaries have declared and stipulated as follows:
1. As regards Article IV, it is agreed that those countries of the Union where the character artistic works is not refused to photographs, engage to admit them to the benefits of the Con- vention concluded to-day, from the date of its coming into effect. They are, however, not bound to protect the authors of such works further than is permitted by their own legislation, except in the case of international engagements already existing, or which may hereafter be entered into by them..
It is understood that an authorized photograph of a protected work of art shall enjoy legal pro- tection in all the countries of the Union, as contemplated by the said Convention, for the same periodTM 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. As regards Article IX, it is agreed that those countries of the Union whose legislation impli- citly includes choregraphic works amongst dramatico-musical works, expressly admit the former works to the benefits of the Convention concluded this day.
It is, however, understood that questions which may arise on the application of this clause shall rest within the competence of the respective Tribunals to decide.
3. It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright, shall not be considered us constituting an infringement of musical copyright.
4. The common agreement alluded to in Article XIV of the Convention is established as follows:- The application of the Convention to works which have not fallen into the public domain at the time when it comes into force, shall operate according to the stipulations on this head which be contained in special Conventions either existing or to be concluded.
may
In the absence of such stipulations between any countries of the Union, the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV is to be applied.
5. The organization of the International Office established in virtue of Article XVI of the Con- vention shall be fixed by a Regulation which shall be drawn up by the Government of the Swiss Con- federation.
The Official language of the International Office will be French.
The International Office will collect all kinds of information relative to the protection of the rights of authors over their literary and artistic works. It will arrange and publish such information. It
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