668638-1886-International-and-Colonial-Copyright-Act- — Page 2

976

A.D. 1886.

THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886.

Amendment as to extent and effect of order under Interna- tional Copyright Acts.

Simultaneous publi- cation.

Modification of

2. The following provisions shall apply to an Order in Council under the Inte national Copyright Acts:-

(1.) The order may extend to all the several foreign countries named or describ

therein:

(2.) The order may exclude or limit the rights conferred by the Internation Copyright Acts in the case of authors who are not subjects or citizens of t foreign countries named or described in that or any other order, and if t order contains such limitation and the author of a literary or artistic wo first produced in one of those foreign countries is not a British subject, nor subject or citizen of any of the foreign countries so named or described, t3 publisher of such work, unless the order otherwise provides, shall for t purpose of any legal proceedings in the United Kingdom for protecting af copyright in such work be deemed to be entitled to such copyright as if were the author, but this enactment shall not prejudice the rights of su author and publisher as between themselves:

(3.) The International Copyright Acts and an order made thereunder shall r confer on any person any greater right or longer term of copyright in a work than that enjoyed in the foreign country in which such work was fit produced.

3.—(1.) An Order in Council under the International Copyright Acts may prov for determining the country in which a literary or artistic work first produced simul neously in two or more countries, is to be deemed, for the purpose of copyright, to ha been first produced, and for the purposes of this section "country" means the Unit Kingdom and a country to which an order under the said Acts applies.

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(2.) Where a work produced simultaneously in the United Kingdom, and in so foreign country or countries is by virtue of an Order in Council under the Internatio Copyright Acts deemed for the purpose of copyright to be first produced in one of : said foreign countries, and not in the United Kingdom, the copyright in the Uni: Kingdom shall be such only as exists by virtue of production in the said forei country, and shall not be such as would have been acquired if the work had been fi produced in the United Kingdom.

4.-1.) Where an order respecting any foreign country is made under the Int certain provisions of national Copyright Acts the provisions of those Acts with respect to the registry a delivery of copies of works shall not apply to works produced in such country exc so far as provided by the order.

International Copy- right Acts.

Restriction on trans- lution.

Application of Act to existing works.

(2.) Before making an Order in Council under the International Copyright Acts respect of any foreign country, Her Majesty in Council shall be satisfied that that fore country has made such provisions (if any) as it appears to Her Majesty expedient require for the protection of authors of works first produced in the United Kingdom.

5.--(1.) Where a work being a book or dramatic piece is first produced in a fore country to which an Order in Council under the International Copyright Acts appl the author or publisher, as the case may be, shall, unless otherwise directed by the or have the same right of preventing the production in and importation into the Uni- Kingdom of any translation not authorised by him of the said work as he has of p venting the production and importation of the original work.

(2.) Provided that if after the expiration of ten years, or any other term prescri by the order, next after the end of the year in which the work, or in the case of a b published in numbers each number of the book, was first produced, an authorised tra lation in the English language of such work or number has not been produced, the s right to prevent the production in and importation into the United Kingdom of unauthorised translation of such work shall cease.

(3.) The law relating to copyright, including this Act, shall apply to a lawfi produced translation of a work in like manner as if it were an original work.

(4.) Such of the provisions of the International Copyright Act, 1852, relating translations as are unrepealed by this Act shall apply in like manner as if they w re-enacted in this section.

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6. Where an Order in Council is made under the International Copyright with respect to any foreign country, the author and publisher of any literary or arti work first produced before the date at which such order comes into operation shall entitled to the same rights and remedies as if the said Acts and this Act and the s order had applied to the said foreign country at the date of the said production: Pro ded that where any person has before the date of the publication of an Order in Cou! lawfully produced any work in the United Kingdom, nothing in this section shall dimi or prejudice any rights or interests arising from or in connection with such product which are subsisting and valuable at the said date.