THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886. 1017
9. Dramatic and Musical Copyright, Adaptations, &c.
No special remarks on these heads appear to be required. The Articles IX and X will speak for themselves, and the Report of the Drafting Committee furnishes all necessary explanations.
We may, however, draw attention to the mention, at p. 50 of the Records, of the question of dramatization of novels, which is a matter of much interest in England.
10. The Colonies. ·
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Upon our recommendation Article XIX was inserted, fixing a rule as to the accession of Colonies. Under the terms of this Article the acceding State may either include or exclude any of its Colonies at the time of accession, or may afterwards accede on their behalf.
11. Separate Arrangements between Contracting States.
Article XV reserves the right to any States, who may be in a position to grant more effectual protection to literary and artistic property than is granted by the International Convention, to enter into separate agreements with the object of extending such treatment to each other.
12.
Article XVI provides for the organization of a central office, under the superintendence of the Swiss Government.
The original proposal was that the expenses of this office should be defrayed by the States of the Union in the proportion of their respective populations.
This proposal, however, appeared open to objection on the part of Great Britain, since, if she were to accede on behalf of herself and her Colonies, a very considerable share of the expenses might thus fall upon her. The principle actually adopted, viz., the division into classes, is that already agreed to by the Treasury in the case of the Convention of 1883 for the Protection of Industrial Property. The sum annually required for the International Office is not to exceed 60,000 fr., but this limit has been fixed on the understanding that a less sum will be asked for, if less is found to suffice.
13. The United States.
Conformably to your Lordship's instructions, we have given special attention to the bearing which the draft Convention might have upon any negotiations between Great Britain and the United States.
The American Minister at Berne attended the sittings of the Conference in a consultative capacity, but did not take any part in the proceedings, nor vote on any question. We beg, however, to draw your Lordship's especial attention to the very important statement made by him at the fifth meeting of the Plenary Conference. In this statement Mr. Winchester, after explaining the nature of his functions as United States' Delegate, made the following declaration on behalf of his Government :-
"I believe that the United States' Government is kindly disposed in principle towards the propo- sition that the author of a literary or artistic work, whatever be his nationality and whatever the place of reproduction, should be everywhere protected on the same footing as the citizens and subjects of each nation."
In view of this statement, we do not think that there can be any ground for the apprehension. which has been expressed in some quarters, that an immediate amendment of English law, with the view to the entry of Great Britain into the projected Union, would have a prejudicial effect in regard to any copyright negotiations with the United States.
In fact, from the friendly interest in the objects of the Conference which has been expressed by the United States' Delegate, we are justified in anticipating that when once the Union has been formed, and has been acceded to by the more important European countries, the United States will before long feel it difficult to abstain from becoming a party to it also. But if this hope should not be shortly realized, we submit that a moderate and well-considered amendment of English law would furnish an additional incentive to the United States to conclude a separate Copyright Convention with Great Britain, the negotiation of which would be greatly facilitated by placing the British Statutes on a more intelligible basis, and by removing restrictions and formalities which are inconsistent with modern views, and with the general practice of the civilized world.
Recommendations.
Having thus given an outline of the results of the Berne Copyright Conference of 1885, we venture to submit the following recommendations as to the action which might be taken by Her Majesty's Government in the matter:-
The British Royal Commission of 1878 reported that the form of the existing Copyright Law is bad, that it is" wholly destitute of any sort of arrangement, incomplete, often obscure, and even where
"It was agreed that the species of indirect appropriation known under the name of 'dramatization may, according to circumstances, be considered as constituting an indirect illicit reproduction."
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