994
THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886.
2. It is understood that the manufacture and sale of instruments employed to reproduce mecha- nically musical airs which are private property, shall not be considered as constituting the act of musical piracy.
3. The attention of the Plenipotentiaries has been drawn by several among them to the question whether some steps ought not to be taken to expressly prohibit certain categories of indirect unauthor- ized appropriation, and especially those that several Conventions in force designate by the name of "adaptation."
The Plenipotentiaries are agreed in recognizing that piracy comprises all kinds of illegal attempts against authors' rights, but they are of opinion that in place of enumerating and defining them it is preferable to leave to the Tribunals intrusted with the duty, to determine in each special case, the prejudice resulting from any particular form of piracy.
4. The legislation of several of the countries of the Union not permitting of the inclusion of photographic works amongst those to which the Convention concluded this day applies, the Govern- ments of the countries of the Union reserve to themselves the power of coming to an ulterior under- standing upon the special stipulations to be made, by mutual consent, with the view to insure récipro- cally in the countries of the Union the protection of the said photographic works.
5. The organization of the International Office provided for by Article XVII of the Convention. shall be fixed by a Regulation which the Government of* *
is intrusted to elaborate.
The official language of the International Office shall be French.
The International Office shall centralize information of all kinds relative to the protection of authors' rights over literary and artistic works. It shall arrange and publish them. It shall conduct useful studies of common interest to the Union, and shall publish, with the aid of documents, which shall be placed at its disposal by the various Administrations, a periodical paper, in the French lan- guage, on subjects relative to the object of the Union. The Governments of the countries of the Union reserve to themselves the power to authorize the Office, by mutual consent, to publish an edition in one or several other languages in case experience shall have shown the need of it.
The International Office must always keep itself at the disposal of the members of the Union in order to furnish, on questions relative to the protection of literary and artistic works, the special inform- ation of which they may have need.
The Administration of the country in which a Conference is to be held, shall prepare, with the assistance of the International Office, the programme of that Conference.
The Director of the International Office shall assist at the sittings of Conferences, and shall take part in the discussions without a deliberative voice. He shall make an annual Report on his adminis- tration, which shall be communicated to all the members of the Union.
The expenses of the International Office, which, until a fresh decision, shall not exceed the sum of
annually, shall be defrayed in common by the contracting countries pro rata, according to the number of their respective population.
The Administration of *
shall prepare the Budget of the Office, and shall superintend its expenses, shall make the necessary advances, and settle the annual account, which shall be communicated to all the other Administrations.
6. The next Conference shall be held in
1
on
7. It is agreed that, for the exchange of ratifications provided in Article XXI, each Contracting Party shall prepare a single instrument, which shall be deposited, with those of the other countries, in the archives of the Government of *
Each Party shall receive in return a copy of the certificate of exchange of the ratifications, signed by the Plenipotentiaries who have taken part in the exchange.
The present Final Protocol, which shall be ratified at the same time as the Convention concluded this day, shall be considered as forming an integral part of this Convention, and shall have the same force, value, and duration.
In witness whereof, &c. Done at
the
Inclosure 4 in No. 25. (Translation.)
II.-Principles recommended for an ulterior Unification.
THE International Conference for the protection of authors' rights,
Having seen the diversity of the stipulations in force in different countries relative to several im- portant points of legislation for the protection of authors' rights; and
Considering that, however desirable the unification of the principles which govern the subject may be, a Convention regulating these points in a uniform manner would not, at the present time, perhaps, obtain the adhesion of a certain number of countries; and
* See Article XVII of the draft Convention.
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