X. All Copies of Books wherein there shall be any subsisting Copyright
under or by virtue of this Act, or of any Order in Council made in
pursuance thereof, printed or reprinted in any Foreign Country except
that in which such Books were first published, shall be and the same
are hereby absolutely prohibited to be imported into any Part of the
British Dominions, except by or with the Consent of the registered
Proprietor of the Copyright thereof, or his Agent authorised in
Writing, and if imported contrary to this Prohibition the same and the
Importers thereof shall be subject to the Enactments in force relating
to Goods prohibited to be imported by any Act relating to the Customs;
and as respects any such Copies so prohibited to be imported, and also
as respects any Copies unlawfully printed in any Place whatsoever of
any Books wherein there shall be any such subsisting Copyright as
aforesaid, any Person who shall in any Part of the British Dominions
import such prohibited or unlawfully printed Copies, or who, knowing
such Copies to be so unlawfully imported or unlawfully printed, shall
sell, publish, or expose to sale or hire, or shall cause to be sold,
published, or exposed to sale or hire, or have in his Possession for
sale or hire, any such Copies so unlawfully imported or unlawfully
printed, such Offender shall be liable to a special Action on the
Case at the Suit of the Proprietor of such Copyright, to be brought
and prosecuted in the same Courts and in the same Manner, and with
the like Restrictions upon the Proceedings of the Defendant, as are
respectively prescribed in the said Copyright Amendment Act with
relation to Actions thereby authorised to be brought by Proprietors
of Copyright against Persons importing or selling Books unlawfully
printed in the British Dominions.

[Sidenote: Officer of Stationers' Company to deposit Books, &c., in
the British Museum.]

XI. The said Officer of the said Company of Stationers shall receive
at the Hall of the said Company every Book, Volume, or Print so to be
delivered as aforesaid, and within One Calendar Month after receiving
such Book, Volume, or Print shall deposit the same in the Library of
the British Museum.

[Sidenote: Second or subsequent Editions.]

XII. Provided always, That it shall not be requisite to deliver to the
said Officer of the said Stationers' Company any printed Copy of the
Second or of any subsequent Edition of any Book or Books so delivered
as aforesaid, unless the same shall contain Additions or Alterations.

[Sidenote: Orders in Council may specify different Periods for
different Foreign Countries and for different Classes of Works.]

XIII. The respective Terms to be specified by such Orders in Council
respectively for the Continuance of the Privilege to be granted in
respect of Works to be first published in Foreign Countries may be
different for Works first published in different Foreign Countries and
for different Classes of such Works; and the Times to be prescribed
for the Entries to be made in the Register Book of the Stationers'
Company, and for the Deliveries of the Books and other Articles to
the said Officer of the Stationers' Company, as hereinbefore is
mentioned, may be different for different Foreign Countries and for
different Classes of Books or other Articles.

[Sidenote: No Order in Council to have any Effect unless it states
that reciprocal Protection is secured.]

XIV. _Provided always, That no such Order in Council shall have any
Effect unless it shall be therein stated, as the Ground for issuing
the same, that due Protection has been secured by the Foreign Power so
named in such Order in Council for the Benefit of Parties interested
in Works first published in the Dominions of Her Majesty similar to
those comprised in such Order._[1739]

[Sidenote: Orders in Council to be published in Gazette, and to have
same Effect as this Act.]

XV. Every Order in Council to be made under the Authority of this Act
shall as soon as may be after the making thereof by Her Majesty in
Council be published in the London Gazette, and from the Time of such
Publication shall have the same Effect as if every Part thereof were
included in this Act.

[Sidenote: Orders in Council to be laid before Parliament.]

XVI. A Copy of every Order of Her Majesty in Council made under this
Act shall be laid before both Houses of Parliament within Six Weeks
after issuing the same, if Parliament be then sitting, and if not,
then within Six Weeks after the commencement of the then next Session
of Parliament.

[Sidenote: Orders in Council may be revoked.]

XVII. _It shall be lawful for Her Majesty by an Order in Council from
Time to Time to revoke or alter any Order in Council previously made
under the Authority of this Act, but nevertheless without Prejudice to
any Rights acquired previously to such Revocation or Alteration._[1740]

[Sidenote: Translations.]

XVIII. _Provided always, That nothing in this Act contained shall
be construed to prevent the printing, Publication, or Sale of any
Translation of any Book the Author whereof and his Assigns may be
entitled to the Benefit of this Act._[1741]

[Sidenote: Authors of Works first published in Foreign Countries not
entitled to Copyright except under this Act.]

XIX.[1742] Neither the Author of any Book, nor the Author or Composer
of any Dramatic Piece or Musical Composition, nor the Inventor,
Designer, or Engraver of any Print, nor the Maker of any Article of
Sculpture, or of such other Work of Art as aforesaid, which shall
after the passing of this Act be first published out of Her Majesty's
Dominions, shall have any Copyright therein respectively, or any
exclusive Right to the public Representation or Performance thereof,
otherwise than such (if any) as he may become entitled to under this
Act.

[Sidenote: Interpretation Clause.]

XX. In the Construction of this Act the Word "Book" shall be construed
to include "Volume," "Pamphlet," "Sheet of Letterpress," "Sheet
of Music," "Map," "Chart," or "Plan;" and the Expression "Articles
of Sculpture " shall mean all such Sculptures, Models, Copies, and
Casts as are described in the said Sculpture Copyright Acts, and in
respect of which the Privileges of Copyright are thereby conferred;
and the Words "printing" and "reprinting," shall include engraving
and any other Method of multiplying Copies; and the Expressions
"Order of Her Majesty in Council," "Order in Council," and " Order,"
shall respectively mean Order of Her Majesty acting by and with
the Advice of Her Majesty's Most Honourable Privy Council; and the
Expression "Officer of the Company of Stationers" shall mean the
Officer appointed by the said Company of Stationers for the Purposes
of the said Copyright Amendment Act; and in describing any Persons or
Things any Word importing the Plural Number shall mean also One Person
or Thing, and any Word importing the Singular Number shall include
several Persons or Things, and any Word importing the Masculine
shall include also the Feminine Gender; unless in any of such Cases
there shall be something in the Subject or Context repugnant to such
Construction.

[Sidenote: Act may be repealed this Session.]

XXI. _This Act may be amended or repealed by any Act to be passed in
this present Session of Parliament._[1743]

THE COLONIAL COPYRIGHT ACT, 1847.[1744]

10 & 11 VICT. C. 95.

    An Act to amend the Law relating to the Protection in the Colonies
    of Works entitled to Copyright in the United Kingdom.

  [22nd July 1847.]

[Sidenote: 5 & 6 Vict. c. 45.]

[Sidenote: 8 & 9 Vict. c. 93.]

[Sidenote: Her Majesty may suspend in certain Cases the Prohibitions
against the Admission of pirated Books into the Colonies in certain
Cases.]

I. _Whereas by an Act passed in the Session of Parliament holden in
the Fifth and Sixth Years of Her present Majesty, intituled An Act
to amend the Law of Copyright, it is amongst other things enacted,
that it shall not be lawful for any Person not being the Proprietor
of the Copyright, or some Person authorised by him, to import into
any Part of the United Kingdom, or into any other Part of the British
Dominions, for Sale or Hire, any printed Book first composed or
written or printed or published in any Part of the United Kingdom
wherein there shall be Copyright, and reprinted in any Country or
Place whatsoever out of the British Dominions: And whereas by an
Act passed in the Session of Parliament holden in the Eighth and
Ninth Years of the Reign of Her present Majesty, intituled An Act
to regulate the Trade of the British Possessions abroad, Books
wherein the Copyright is subsisting, first composed or written or
printed in the United Kingdom, and printed or reprinted in any other
Country, are absolutely prohibited to be imported into the British
Possessions abroad: And whereas by the said last-recited Act it is
enacted, that all Laws, Bye-Laws, Usages, or Customs in practice,
or endeavoured or pretended to be in force or practice in any of
the British Possessions in America, which are in anywise repugnant
to the said Act or to any Act of Parliament made or to be made in
the United Kingdom, so far as such Act shall relate to and mention
the said Possessions, are and shall be null and void to all Intents
and Purposes whatsoever:_[1745] In case the Legislature or proper
legislative Authorities in any British Possession shall be disposed to
make due Provision for securing or protecting the Rights of British
Authors in such Possession, and shall pass an Act or make an Ordinance
for that Purpose, and shall transmit the same in the proper Manner
to the Secretary of State, in order that it may be submitted to Her
Majesty, and in case Her Majesty shall be of opinion that such Act or
Ordinance is sufficient for the Purpose of securing to British Authors
reasonable Protection within such Possession, it shall be lawful for
Her Majesty, if She think fit so to do, to express Her Royal Approval
of such Act or Ordinance, and thereupon to issue an Order in Council
declaring that so long as the Provisions of such Act or Ordinance
continue in force within such Colony the Prohibitions contained in
the aforesaid Acts, and hereinbefore recited, and any Prohibitions
contained in the said Acts or in any other Acts against the importing,
selling, letting out to hire, exposing for Sale or Hire, or possessing
Foreign Reprints of Books first composed, written, printed, or
published in the United Kingdom, and entitled to Copyright therein,
shall be suspended so far as regards such Colony; and thereupon such
Act or Ordinance shall come into operation, except so far as may be
otherwise provided therein, or as may be otherwise directed by such
Order in Council, any thing in the said last-recited Act or in any
other Act to the contrary notwithstanding.

[Sidenote: Orders in Council to be published in Gazette. Orders
in Council and the Colonial Acts or Ordinances to be laid before
Parliament. Act may be amended, &c.]

II. Every such Order in Council shall, within One Week after the
issuing thereof, be published in the _London Gazette_, and a Copy
thereof, and of every such Colonial Act or Ordinance so approved
as aforesaid by Her Majesty, shall be laid before both Houses of
Parliament within Six Weeks after the issuing of such Order, if
Parliament be then sitting, or if Parliament be not then sitting, then
within Six Weeks after the opening of the next Session of Parliament.

III. _And be it enacted, This Act may be amended or repealed by any
Act to be passed in the present Session of Parliament._[1746]

COPYRIGHT IN DESIGNS ACT, 1850.

13 & 14 VICT. C. 104.

    An Act to extend and amend the Acts relating to the Copyright of
    Designs.

  [14th August 1850.]

[Sidenote: Registration of Sculpture, Models, &c.]

VI. _The Registrar of Designs, upon Application by or on behalf of
the Proprietor of any Sculpture, Model, Copy, or Cast within the
Protection of the Sculpture Copyright Acts, and upon being furnished
with such Copy, Drawing, Print, or Description, in Writing or in
Print, as in the Judgment of the said Registrar shall be sufficient to
identify the particular Sculpture, Model, Copy, or Cast in respect of
which Registration is desired, and the Name of the Person claiming to
be Proprietor, together with his Place of Abode or Business or other
Place of Address, or the Name, Style, or Title of the Firm under which
he may be trading, shall register such Sculpture, Model, Copy, or Cast
in such Manner and Form as shall from Time to Time be prescribed or
approved by the Board of Trade for the whole or any Part of the Term
during which Copyright in such Sculpture, Model, Copy, or Cast may or
shall exist under the Sculpture Copyright Acts; and whenever any such
Registration shall be made, the said Registrar shall certify under his
Hand and Seal of Office, in such Form as the said Board shall direct
or approve, the Fact of such Registration, and the Date of the same,
and the Name of the registered Proprietor, or the Style or Title of
the Firm under which such Proprietor may be trading, together with his
Place of Abode or Business or other Place of Address._[1747]

[Sidenote: Benefits conferred by Registration of Sculpture, &c.]

VII. _If any Person shall, during the Continuance of the Copyright
in any Sculpture, Model, Copy, or Cast which shall have been so
registered as aforesaid, make, import, or cause to be made, imported,
exposed for Sale, or otherwise disposed of, any pirated Copy or
pirated Cast of any such Sculpture, Model, Copy, or Cast, in such
Manner and under such Circumstances as would entitle the Proprietor
to a special Action on the case under the Sculpture Copyright Acts,
the Person so offending shall forfeit for every such Offence a
Sum not less than Five Pounds and not exceeding Thirty Pounds to
the Proprietor of the Sculpture, Model, Copy, or Cast whereof the
Copyright shall have been infringed; and for the Recovery of any such
Penalty the Proprietor of the Sculpture, Model, Copy, or Cast which
shall have been so pirated shall have and be entitled to the same
Remedies as are provided for the Recovery of Penalties incurred under
the Designs Act, 1842: Provided always, that the Proprietor of any
Sculpture, Model, Copy, or Cast which shall be registered under this
Act shall not be entitled to the Benefit of this Act, unless every
Copy or Cast of such Sculpture, Model, Copy, or Cast which shall be
published by him after such Registration shall be marked with the Word
"registered" and with the Date of Registration._[1748]

THE INTERNATIONAL COPYRIGHT ACT, 1852.

15 & 16 VICT. C. 12.

    An Act _to enable Her Majesty to carry into effect a Convention
    with France on the subject of Copyright_; to extend and explain
    the International Copyright Acts: and to explain the Acts relating
    to Copyright in Engravings.

  [28th May 1852.]

Whereas an Act was passed in the Seventh Year of the Reign of Her
present Majesty, intituled An Act to amend the Law relating to
International Copyright, hereinafter called "The International
Copyright Act": And whereas a Convention has lately been concluded
between Her Majesty and the French Republic, for extending in each
Country the Enjoyment of Copyright in Works of Literature and the
Fine Arts first published in the other, and for certain Reductions
of Duties now levied on Books, Prints, and Musical Works published
in France: And whereas certain of the Stipulations on the Part of
Her Majesty contained in the said Treaty require the Authority of
Parliament: And whereas it is expedient that such Authority should
be given, and that Her Majesty should be enabled to make similar
Stipulations in any Treaty on the Subject of Copyright which may
hereafter be concluded with any Foreign Power: Be it enacted as
follows:

I. _The 18th Section of 7 Vict. c. 12 shall be repealed so far as the
same is inconsistent with the provisions hereinafter contained._

II. _Her Majesty may by Order in Council[1749] direct that the Authors
of Books which are after a future Time to be specified in such
Order, published in any foreign Country to be named in such Order,
their Executors, Administrators, and Assigns, shall, subject to the
Provisions hereinafter contained or referred to, be empowered to
prevent the Publication in the British Dominions of any Translations
of such Books not authorised by them, for such Time as may be
specified in such Order, not extending beyond the Expiration of five
Years from the Time at which the authorised Translations of such Books
hereinafter mentioned are respectively first published, and in the
case of Books published in Parts not extending as to each Part beyond
the Expiration of Five Years from the Time at which the authorised
Translation of such Part is first published._

III. _Subject to any Provisions or Qualifications contained in such
Order and to the provisions herein contained or referred to, the
Laws and Enactments for the Time being in force for the purpose of
preventing the Infringement of Copyright in Books published in the
British Dominions, shall be applied for the Purpose of preventing the
publication of Translations of the Books to which such Order extends
which are not sanctioned by the Authors of such Books, except only
such Parts of the said Enactments as relate to the Delivery of Copies
of Books for the Use of the British Museum and for the Use of the
other Libraries therein referred to._

IV. _Her Majesty may by Order in Council direct that Authors of
Dramatic Pieces which are after a future Time to be specified in such
Order, first publicly represented in any Foreign Country, to be named
in such Order, their Executors, Administrators, and Assigns, shall,
subject to the Provisions hereinafter mentioned or referred to, be
empowered to prevent the Representation in the British Dominions of
any Translation of such Dramatic Pieces not authorised by them, for
such Time as may be specified in such Order, not extending beyond
the Expiration of Five Years from the Time at which the Authorised
Translations of such Dramatic Pieces hereinafter mentioned are first
published or publicly represented._

V. _Subject to any Provisions or Qualifications contained in such
last-mentioned Order and to the Provisions hereinafter contained
or referred to, the Laws and Enactments for the Time being in force
for ensuring to the Author of any Dramatic Piece first publicly
represented in the British Dominions, the sole Liberty of representing
the same shall be applied for the Purpose of preventing the
Representation of any Translations of the Dramatic Pieces to which
such last-mentioned Order extends, which are not sanctioned by the
Authors thereof._[1750]

VI. Nothing herein contained shall be so construed as to prevent fair
Imitations or Adaptations to the English Stage of any Dramatic Piece
or Musical Composition published in any Foreign Country.

VII. Notwithstanding any thing in the said International Copyright Act
or in this Act contained any Article of Political Discussion which has
been published in any Newspaper or Periodical in a Foreign Country
may, if the source from which the same is taken be acknowledged, be
republished or translated in any Newspaper or Periodical in this
Country: and any Article relating to any other Subject which has
been so published as aforesaid may, if the source from which the
same is taken be acknowledged, be republished or translated in like
Manner, unless the Author has signified his Intention of preserving
the Copyright therein and the Right of Translating the same in some
conspicuous Part of the Newspaper or Periodical in which the same was
first published, in which case the same shall without the Formalities
required by the next following Section, receive the same Protection as
is by virtue of the International Copyright Act or this Act extended
to Books.

VIII. _No Author, or his Executors, Administrators, or Assigns shall
be entitled to the Benefit of this Act, or of any Order in Council
issued in pursuance thereof, in respect of the Translation of any Book
or Dramatic Piece, if the following Requisitions are not complied
with_; (_that is to say_)

1. _The original Work from which the Translation is to be made must be
registered and a Copy thereof deposited in the United Kingdom in the
manner required for Original Works by the said International Copyright
Act within Three Calendar Months of its First Publication in the
Foreign Country:_

2. _The Author must notify on the Title Page of the original Work, or
if it is published in Parts on the Title Page of the first Part, or if
there is no Title Page on some conspicuous Part of the Work, that it
is his Intention to reserve the Right of Translating it:_

3. _The Translation sanctioned by the Author, or a Part thereof, must
be published either in the country mentioned in the Order in Council,
by virtue of which it is to be protected, or in the British Dominions,
not later than One Year after the Registration and Deposit in the
United Kingdom of the original Work, and the whole of such Translation
must be published within Three Years of such Registration and Deposit:_

4. _Such Translation must be registered, and a Copy thereof deposited
in the United Kingdom within a Time to be mentioned in that Behalf in
the Order by which it is protected, and in the Manner provided by the
said International Copyright Act for the Registration and Deposit of
Original Works:_

5. _In the Case of Books published in Parts each Part of the original
Work must be registered and deposited in this Country in the Manner
required by the said International Copyright Act within Three Months
after the first Publication thereof in the Foreign Country:_

6. _In the Case of Dramatic Pieces the Translation sanctioned by
the Author must be published within Three Calendar Months of the
Registration of the Original Work:_

7. _The above Requisitions shall apply to Articles originally
published in Newspapers or Periodicals, if the same be afterwards
published in separate form, but shall not apply to such Articles as
originally published._[1751]

IX. All Copies of any Works of Literature or Art wherein there is
any subsisting Copyright by virtue of the International Copyright
Act and this Act, or of any Order in Council made in pursuance of
such Acts or either of them, and which are printed, reprinted, or
made in any Foreign Country, except that in which such Work shall
be first published, and all unauthorised Translations of any Book
or Dramatic Piece, the Publication or public Representation in the
British Dominions of Translations whereof not authorised as in this
Act mentioned shall for the Time being be prevented under any Order
in Council made in pursuance of this Act, are hereby absolutely
prohibited to be imported into any Part of the British Dominions,
except by, or with the Consent of the registered Proprietor of
the Copyright 6f such Work or of such Book or Piece, or his Agent
authorised in Writing; and the Provision of 5 & 6 Vict. c. 45, for
the Forfeiture, Seizure, and Destruction of any printed Book first
published in the United Kingdom wherein there shall be Copyright,
and reprinted in any Country out of the British Dominions, and
imported into any Part of the British Dominions by any Person not
being the Proprietor of the Copyright, or a Person authorised by
such Proprietor, shall extend and be applicable to all Copies of any
Works of Literature and Art, and to all Translations, the Importation
whereof into any Part of the British Dominions is prohibited under
this Act.

X. The Provisions hereinbefore contained shall be incorporated with
the International Copyright Act, and shall be read and construed
therewith as One Act.

XI. [_Clause dispensing with a further Order in Council in respect of
the Convention with France_, Rep. Int. Cop. Act, 1886, sec. 12].

XII., XIII. [_Clauses dealing with Duties on imported Works_, Rep.
Stat. Law Rev. Act, 1875].

XIV. And Whereas by the Four several Acts of Parliament following;
(that is to say) 8 Geo. II. c. 13; 7 Geo. III. c. 38; 17 Geo. III.
c. 57; 6 & 7 Will. IV. c. 59, Provision is made for securing to
every Person who invents or designs, engraves, etches, or works
in Mezzotinto or Chiaro oscuro, or, from his own Work, Design, or
Invention, causes or procures to be designed, engraved, etched, or
worked in Mezzotinto or Chiaro oscuro any Historical Print or Prints,
or any Print or Prints of any Portrait, Conversation, Landscape,
or Architecture, Map, Chart or Plan, or any other Print or Prints
whatsoever, and to every Person who engraves, etches, or works in
Mezzotinto or Chiaro oscuro, or causes to be engraved, etched,
or worked, any Print taken from any Picture, Drawing, Model, or
Sculpture, notwithstanding such Print has not been graven or drawn
from his own original Design, certain Copyrights therein defined: And
whereas doubts are entertained whether the Provisions of the said
Acts extend to Lithographs and certain other Impressions, and it is
expedient to remove such Doubts:

It is hereby declared, That the Provisions of the said Acts are
intended to include Prints taken by Lithography, or any other
Mechanical Process by which Prints or Impressions of Drawings or
Designs are capable of being multiplied indefinitely, and the said
Acts shall be construed accordingly.

THE FINE ARTS COPYRIGHT ACT, 1862.

25 & 26 VICT. C. 68.

    An Act for amending the Law relating to Copyright in Works of
    the Fine Arts, and for repressing the Commission of Fraud in the
    Production and Sale of such Works.

  [29th July 1862.]

Whereas by Law, as now established, the Authors of Paintings,
Drawings, and Photographs have no Copyright in such their Works, and
it is expedient that the Law should in that respect be amended:

[Sidenote: Copyright in Works hereafter made or sold to vest in the
Author for his Life and for Seven Years after his Death.]

I. The Author, being a British Subject or resident[1752] within
the Dominions of the Crown, of every original Painting, Drawing,
and Photograph[1753] which shall be or shall have been made either
in the British Dominions or elsewhere, and which shall not have
been sold or disposed of before the Commencement of this Act, and
his Assigns, shall have the sole and exclusive Right of copying,
engraving, reproducing, and multiplying such Painting or Drawing,
and the Design thereof,[1754] or such Photograph, and the Negative
thereof, by any Means and of any Size, for the Term of the natural
Life of such Author, and Seven Years after his Death; provided that
when any Painting or Drawing, or the Negative of any Photograph, shall
for the First Time after the passing of this Act be sold or disposed
of,[1755] or shall be made or executed for or on behalf of any other
Person for a good or a valuable Consideration,[1756] the Person so
selling or disposing of or making or executing the same shall not
retain the Copyright thereof, unless it be expressly reserved to him
by Agreement in Writing, signed, at or before the Time of such Sale or
Disposition, by the Vendee or Assignee of such Painting or Drawing,
or of such Negative of a Photograph, or by the Person for or on whose
Behalf the same shall be so made or executed, but the Copyright shall
belong to the Vendee or Assignee oi such Painting or Drawing, or of
such Negative of a Photograph, or to the Person for or on whose Behalf
the same shall have been made or executed; nor shall the Vendee or
Assignee thereof be entitled to any such Copyright, unless, at or
before the Time of such Sale or Disposition, an Agreement in Writing,
signed by the Person so selling or disposing of the same, or by his
Agent duly authorised, shall have been made to that Effect.

[Sidenote: Copyright not to prevent the Representation of the same
Subjects in other Works. Assignments, Licences, &c., to be in Writing.]

II. Nothing herein contained shall prejudice the Right of any Person
to copy or use any Work in which there shall be no Copyright, or to
represent any Scene or Object, notwithstanding that there may be
Copyright in some Representation of such Scene or Object.

III. All Copyright under this Act shall be deemed Personal or Movable
Estate, and shall be assignable at Law, and every Assignment thereof,
and every License to use or copy by any Means or Process the Design or
Work which shall be the subject of such Copyright, shall be made by
some Note or Memorandum in Writing, to be signed by the Proprietor of
the Copyright, or by his Agent appointed for that Purpose in Writing.

[Sidenote: Register of Proprietors of Copyright in Paintings,
Drawings, and Photographs to be kept at Stationers' Hall as in 5 & 6
Vict. c. 45.]

IV.[1757] There shall be kept at the Hall of the Stationers' Company
by the Officer appointed by the said Company for the Purposes of the
Act passed in the Sixth Year of Her present Majesty, intituled An Act
to amend the Law of Copyright, a Book or Books, entitled "The Register
of Proprietors of Copyright in Paintings, Drawings, and Photographs,"
wherein shall be entered a Memorandum of every Copyright to which any
Person shall be entitled under this Act, and also of every subsequent
Assignment of any such Copyright; and such Memorandum shall contain
a Statement of the Date of such Agreement or Assignment, and of the
Names of the Parties thereto, and of the Name and Place of Abode of
the Person in whom such Copyright shall be vested by virtue thereof,
and of the Name and Place of Abode of the Author of the Work in which
there shall be such Copyright, together with a short Description of
the Nature and Subject of such Work, and in addition thereto, if the
Person registering shall so desire, a Sketch, Outline, or Photograph
of the said Work, and no Proprietor of any such Copyright shall be
entitled to the Benefit of this Act until such Registration, and no
Action shall be sustainable nor any Penalty be recoverable in respect
of anything done before Registration.

[Sidenote: Certain Enactments of 5 & 6 Vict. c. 45 to apply to the
Books to be kept under this Act.]

V. The several Enactments in the said Act of the Sixth Year of Her
present Majesty contained, with relation to keeping the Register Book
thereby required, and the Inspection thereof, the Searches therein and
the Delivery of certified and stamped Copies thereof, the Reception
of such Copies in Evidence, the making of false Entries in the said
Book, and the Production in Evidence of Papers falsely purporting to
be Copies of Entries in the said Book, the Application to the Courts
and Judges by Persons aggrieved by Entries in the said Book, and the
expunging and varying such Entries shall apply to the Book or Books
to be kept by virtue of this Act, and to the Entries and Assignments
of Copyright and Proprietorship therein under this Act, in such and
the same Manner as if such Enactments were here expressly enacted in
relation thereto, save and except that the Forms of Entry prescribed
by the said Act of the Sixth Year of Her present Majesty may be varied
to meet the Circumstances of the Case, and that the Sum to be demanded
by the Officer of the said Company of Stationers for making any Entry
required by this Act shall be One Shilling only.

[Sidenote: Penalties on Infringement of Copyright.]

VI. If the Author of any Painting, Drawing, or Photograph in which
there shall be subsisting Copyright, after having sold or disposed
of such Copyright, or if any other Person, not being the Proprietor
for the Time being of Copyright in any Painting, Drawing, or
Photograph, shall, without the Consent of such Proprietor, repeat,
copy, colourably imitate, or otherwise multiply for Sale, Hire,
Exhibition, or Distribution, or cause or procure to be repeated,
copied, colourably imitated, or otherwise multiplied for Sale, Hire,
Exhibition, or Distribution, any such Work or the Design thereof,
or, knowing that any such Repetition, Copy, or other Imitation has
been unlawfully made,[1758] shall import into any Part of the United
Kingdom, or sell, publish, let to Hire, exhibit, or distribute, or
offer for Sale, Hire, Exhibition, or Distribution, or cause or procure
to be imported, sold, published, let to Hire, distributed, or offered
for Sale, Hire, Exhibition, or Distribution, any Repetition, Copy, or
Imitation of the said Work, or of the Design thereof, made without
such Consent as aforesaid, such Person for every such Offence[1759]
shall forfeit to the Proprietor of the Copyright for the Time being
a Sum not exceeding Ten Pounds[1760]; and all such Repetitions,
Copies, and Imitations made without such Consent as aforesaid, and
all Negatives of Photographs made for the Purpose of obtaining such
Copies, shall be forfeited to the Proprietor of the Copyright.

[Sidenote: Penalties on fraudulent Productions and Sales.]

VII. No Person shall do or cause to be done any or either of the
following Acts; that is to say:

    First, no Person shall fraudulently sign or otherwise affix, or
    fraudulently cause to be signed or otherwise affixed, to or upon
    any Painting, Drawing, or Photograph, or the Negative thereof, any
    Name, Initials, or Monogram:

    Secondly, no Person shall fraudulently sell, publish, exhibit, or
    dispose of, or offer for Sale, Exhibition, or Distribution, any
    Painting, Drawing, or Photograph, or Negative of a Photograph,
    having thereon the Name, Initials, or Monogram of a Person who did
    not execute or make such Work:

    Thirdly, no Person shall fraudulently utter, dispose of, or put
    off, or cause to be uttered or disposed of, any Copy or colourable
    Imitation of any Painting, Drawing, or Photograph, or Negative of
    a Photograph, whether there shall be subsisting Copyright therein
    or not, as having been made or executed by the Author or Maker of
    the original Work from which such Copy or Imitation shall have
    been taken:

    Fourthly, where the Author or Maker of any Painting, Drawing,
    or Photograph, or Negative of a Photograph, made either before
    or after the passing of this Act, shall have sold or otherwise
    parted with the Possession of such Work, if any Alteration shall
    afterwards be made therein by any other Person, by Addition or
    otherwise, no Person shall be at liberty, during the Life of the
    Author or Maker of such Work, without his Consent, to make or
    knowingly to sell or publish, or offer for Sale, such Work or
    any Copies of such Work so altered as aforesaid, or of any Part
    thereof, as or for the unaltered Work of such Author or Maker:

[Sidenote: Penalties.]

Every Offender under this Section shall, upon Conviction, forfeit to
the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding
double the full Price, if any, at which all such Copies, Engravings,
Imitations, or altered Works shall have been sold or offered for Sale;
and all such Copies, Engravings, Imitations, or altered Works shall be
forfeited to the Person, or the Assigns or legal Representatives of
the Person, whose Name, Initials, or Monogram shall be so fraudulently
signed or affixed thereto, or to whom such spurious or altered Work
shall be so fraudulently or falsely ascribed as aforesaid: Provided
always, that the Penalties imposed by this Section shall not be
incurred unless the Person whose Name, Initials, or Monogram shall be
so fraudulently signed or affixed, or to whom such spurious or altered
Work shall be so fraudulently or falsely ascribed as aforesaid, shall
have been living at or within Twenty Years next before the Time when
the Offence may have been committed.

[Sidenote: Recovery of pecuniary Penalties.]

VIII. All pecuniary Penalties which shall be incurred, and all such
unlawful Copies, Imitations, and all other Effects and Things as
shall have been forfeited by Offenders, pursuant to this Act, and
pursuant to any Act for the Protection of Copyright Engravings, may be
recovered by the Person hereinbefore and in any such Act as aforesaid
empowered to recover the same respectively, and hereinafter called
the Complainant or the Complainer, as follows:

[Sidenote: In England and Ireland.]

[Sidenote: In Scotland.]

    In England and Ireland, either by Action against the Party
    offending, or by summary Proceeding before any Two Justices having
    Jurisdiction where the Party offending resides:

    In Scotland by Action before the Court of Session in ordinary
    Form, or by summary Action before the Sheriff of the County where
    the Offence may be committed or the Offender resides, _who,
    upon Proof of the Offence or Offences, either by Confession of
    the Party offending, or by the Oath or Affirmation of One or
    more credible Witnesses, shall convict the Offender, and find
    him liable to the Penalty or Penalties aforesaid, as also in
    Expenses, and it shall be lawful for the Sheriff in pronouncing
    such Judgment for the Penalty or Penalties and Costs, to insert
    in such Judgment a Warrant, in the event of such Penalty or
    Penalties and Costs not being paid, to levy and recover the
    Amount of the same by Poinding: Provided always, that it shall be
    lawful to the Sheriff, in the event of his dismissing the Action
    and assoilzieing the Defender, to find the Complainer liable in
    Expenses_,[1761] and any Judgment so to be pronounced by the
    Sheriff in such summary Application shall be final and conclusive,
    and not subject to Review by _Advocation_,[1762] Suspension,
    Reduction, or otherwise.

[Sidenote: Superior Courts of Record in which any Action is pending
may make an Order for an Injunction, Inspection, or Account.]

IX. In any Action in any of Her Majesty's Superior Courts of Record at
Westminster and in Dublin, for the Infringement of any such Copyright
as aforesaid, it shall be lawful for the Court in which such Action is
pending, if the Court be then sitting, or if the Court be not sitting
then for a Judge of such Court, on the Application of the Plaintiff
or Defendant respectively, to make such Order for an Injunction,
Inspection, or Account, and to give such Direction respecting such
Action, Injunction, Inspection, and Account, and the Proceedings
therein respectively, as to such Court or Judge may seem fit.

[Sidenote: Importation of pirated Works prohibited.]

[Sidenote: Application in such Cases of Customs Acts.]

X. All Repetitions, Copies, or Imitations of Paintings, Drawings,
or Photographs, wherein or in the Design whereof there shall be
subsisting Copyright under this Act, and all Repetitions, Copies, and
Imitations of the Design of any such Painting or Drawing, or of the
Negative of any such Photograph, which, contrary to the Provisions of
this Act, shall have been made in any Foreign State, or in any Part of
the British Dominions, are hereby absolutely prohibited to be imported
into any Part of the United Kingdom, except by or with the Consent of
the Proprietor of the Copyright thereof, or his Agent authorised in
Writing; and if the Proprietor of any such Copyright, or his Agent,
shall declare that any Goods imported are Repetitions, Copies, or
Imitations of any such Painting, Drawing, or Photograph, or of the
Negative of any such Photograph, and so prohibited as aforesaid, then
such Goods may be detained by the Officers of Her Majesty's Customs.

[Sidenote: Saving of Right to bring Action for Damages.]

XI. If the Author of any Painting, Drawing, or Photograph, in which
there shall be subsisting Copyright, after having sold or otherwise
disposed of such Copyright, or if any other Person, not being the
Proprietor for the Time being of such Copyright, shall, without
the Consent of such Proprietor, repeat, copy, colourably imitate,
or otherwise multiply, or cause or procure[1763] to be repeated,
copied, colourably imitated, or otherwise multiplied, for Sale, Hire,
Exhibition, or Distribution, any such Work or the Design thereof, or
the Negative of any such Photograph, or shall import or cause to be
imported into any Part of the United Kingdom, or sell, publish, let to
Hire, exhibit, or distribute, or offer for Sale, Hire, Exhibition, or
Distribution, or cause or procure to be sold, published, let to Hire,
exhibited, or distributed, or offered for Sale, Hire, Exhibition, or
Distribution, any Repetition, Copy, or Imitation, of such Work, or the
Design thereof, or the Negative of any such Photograph, made without
such Consent as aforesaid, then every such Proprietor, in addition to
the Remedies hereby given for the Recovery of any such Penalties, and
Forfeiture of any such Things as aforesaid, may recover Damages by and
in a Special Action on the Case, to be brought against the Person so
offending, and may in such Action recover and enforce the Delivery to
him of all unlawful Repetitions, Copies, and Imitations, and Negatives
of Photographs, or may recover Damages for the Retention or Conversion
thereof: Provided that nothing herein contained, nor any Proceeding,
Conviction, or Judgment, for any Act hereby forbidden, shall affect
any Remedy which any Person aggrieved by such Act may be entitled to
either at Law or in Equity.

[Sidenote: Provisions of 7 & 8 Vict. c. 12 to be considered as
included in this Act.]

XII. This Act shall be considered as including the Provisions of
the Act passed in the Session of Parliament held in the Seventh and
Eighth Years of Her present Majesty, intituled An Act to amend the Law
relating to International Copyright, in the same Manner as if such
Provisions were Part of this Act.

THE INTERNATIONAL COPYRIGHT ACT, 1875.

38 VICT. C. 12.

    An Act to amend the Law relating to International Copyright.

  [13th May 1875.]

[Sidenote: 15 Vict. c. 12.]

_Whereas by an Act passed in the fifteenth year of the reign of Her
present Majesty, chapter twelve, intituled "An Act to enable Her
Majesty to carry into effect a convention with France on the subject
of copyright; to extend and explain the International Copyright Acts;
and to explain the Acts relating to copyright in engravings" it is
enacted, that "Her Majesty may, by Order in Council, direct that
authors of dramatic pieces which are, after a future time, to be
specified in such order, first publicly represented in any foreign
country, to be named in such order, their executors, administrators,
and assigns, shall, subject to the provisions thereinafter mentioned
or referred to, be empowered to prevent the representation in the
British dominions of any translation of such dramatic pieces not
authorised by them, for such time as may be specified in such order,
not extending beyond the expiration of five years from the time at
which the authorised translations of such dramatic pieces are first
published and publicly represented:"_

_And whereas by the same Act it is further enacted, "that, subject
to any provisions or qualifications contained in such order, and to
the provisions in the said Act contained or referred to, the laws and
enactments for the time being in force for ensuring to the author of
any dramatic piece first publicly represented in the British dominions
the sole liberty of representing the same shall be applied for the
purpose of preventing the representation of any translations of the
dramatic pieces to which such order extends, which are not sanctioned
by the authors thereof:"_

_And whereas by the sixth section of the said Act it is provided, that
"nothing in the said Act contained shall be so construed as to prevent
fair imitations or adaptations to the English stage of any dramatic
piece or musical composition published in any foreign country:"_

_And whereas it is expedient to alter or amend the last-mentioned
provision under certain circumstances.[1764] Be it therefore enacted
as follows, viz.:_--

[Sidenote: Section 6 of recited Act not to apply to dramatic pieces in
certain cases.]

I. In any case in which, by virtue of the enactments hereinbefore
recited, any Order in Council has been or may hereafter be made for
the purpose of extending protection to the translations of dramatic
pieces first publicly represented in any foreign country, it shall be
lawful for Her Majesty by Order in Council to direct that the sixth
section of the said Act shall not apply to the dramatic pieces to
which protection is so extended; and thereupon the said recited Act
shall take effect with respect to such dramatic pieces and to the
translations thereof as if the said sixth section of the said Act were
hereby repealed.

THE CANADA COPYRIGHT ACT, 1875.[1765]

38 & 39 VICT. C. 53.

    An Act to give effect to an Act of the Parliament of the Dominion
    of Canada respecting Copyright.

  [2nd August 1875.]

_Whereas by an Order of Her Majesty in Council, dated the 7th day of
July 1868, it was ordered that all prohibitions contained in Acts of
the Imperial Parliament against the importing into the Province of
Canada, or against the selling, letting out to hire, exposing for
sale or hire, or possessing therein foreign reprints of books first
composed, written, printed, or published in the United Kingdom, and
entitled to copyright therein, should be suspended so far as regarded
Canada:

_And whereas the Senate and House of Commons of Canada did, in the
second session of the third Parliament of the Dominion of Canada,
held in the thirty-eighth year of Her Majesty's reign, pass a Bill
intituled "An Act respecting Copyrights," which Bill has been reserved
by the Governor-General for the signification of Her Majesty's
pleasure thereon:_

_And whereas by the said reserved Bill provision is made, subject to
such conditions as in the said Bill are mentioned, for securing in
Canada the rights of authors in respect of matters of copyright, and
for prohibiting the importation into Canada of any work for which
copyright under the said reserved Bill has been secured; and whereas
doubts have arisen whether the said reserved Bill may not be repugnant
to the said Order in Council, and it is expedient to remove such
doubts and to confirm the said Bill:_[1766]

Be it enacted as follows:

[Sidenote: Short title of Act.]

I. This Act may be cited for all purposes as The Canada Copyright Act,
1875.

[Sidenote: Definition of terms.]

II. In the construction of this Act the words "book" and "copyright"
shall have respectively the same meaning as in the Act of the fifth
and sixth years of Her Majesty's reign, chapter forty-five, intituled
"An Act to amend the Law of Copyright."

[Sidenote: Her Majesty may assent to the Bill in schedule.]

III. It shall be lawful for Her Majesty in Council to assent to the
said reserved Bill, as contained in the schedule to this Act annexed,
and if Her Majesty shall be pleased to signify Her assent thereto,
the said Bill shall come into operation at such time and in such
manner as Her Majesty may by Order in Council direct; anything in the
Act of the twenty-eighth and twenty-ninth years of the reign of Her
Majesty, chapter ninety-three, or in any other Act to the contrary
notwithstanding.

[Sidenote: Colonial reprints not to be imported into United Kingdom.]

IV. Where any book in which, at the time when the said reserved Bill
comes into operation, there is copyright in the United Kingdom, or
any book in which thereafter there shall be such copyright, becomes
entitled to copyright in Canada in pursuance of the provisions of the
said reserved Bill, it shall be unlawful for any person, not being the
owner, in the United Kingdom, of the copyright in such book, or some
person authorised by him, to import into the United Kingdom any copies
of such book reprinted or republished in Canada; and for the purposes
of such importation the seventeenth section of the said Act of the
fifth and sixth years of the reign of Her Majesty, chapter forty-five,
shall apply to all such books in the same manner as if they had been
reprinted out of the British dominions.

[Sidenote: Order in Council of 7th July 1868 to continue in force
subject to this Act.]

V. The said Order in Council, dated the seventh day of July one
thousand eight hundred and sixty-eight, shall continue in force so far
as relates to books which are not entitled to copyright for the time
being, in pursuance of the said reserved Bill.

THE CUSTOMS LAWS CONSOLIDATION ACT, 1876.

39 & 40 VICT. C. 36.

XLII. The goods enumerated and described in the following table of
prohibitions and restrictions inwards are hereby prohibited to be
imported or brought into the United Kingdom, save as thereby excepted,
and if any goods so enumerated and described shall be imported or
brought into the United Kingdom contrary to the prohibitions or
restrictions contained therein, such goods shall be forfeited, and may
be destroyed or otherwise disposed of as the Commissioners of Customs
may direct.

A TABLE OF PROHIBITIONS AND RESTRICTIONS INWARDS.

_Goods prohibited to be imported._--Books wherein the Copyright shall
be first subsisting, first composed or written or printed in the
United Kingdom, and printed or reprinted in any other Country as to
which the proprietor of such Copyright or his agent shall have given
to the Commissioners of Customs a notice in writing, duly declared,
that such Copyright subsists, such notice also stating when such
Copyright will expire.[1767]

XLIV. The Commissioners of Customs shall cause to be made and to be
publicly exposed at the Custom Houses in the several ports in the
United Kingdom lists of all books wherein the Copyright shall be
subsisting, and as to which the proprietor of such Copyright, or his
agent, shall have given notice in writing to the said Commissioners
that such Copyright exists, stating in such notice when such Copyright
expires, accompanied by a declaration made and subscribed before a
collector of Customs or a justice of the peace that the contents of
such notice are true.

XLV. If any person shall have cause to complain of the insertion of
any book in such lists, it shall be lawful for any judge at chambers,
on the application of the person so complaining, to issue a summons
calling upon the person upon whose notice such book shall have been
so inserted to appear before any such judge at a time to be appointed
in such summons, to show cause why such book shall not be expunged
from such lists, and any such judge shall at the time so appointed
proceed to hear and determine upon the matter of such summons and
make his order thereon in writing; and upon service of such order or
a certified copy thereof, upon the Commissioners of Customs or their
secretary for the time being, the said Commissioners shall expunge
such book from the list, or retain the same therein according to the
tenor of such order; and in case such book shall be expunged from such
list, the importation thereof shall not be deemed to be prohibited.
If at the time appointed in any such summons the person so summoned
shall not appear before such judge, then upon proof by affidavit that
such summons or a true copy thereof has been personally served upon
the person so summoned, or sent to him by post to or left at his
last known place of abode or business, any such judge may proceed
_ex parte_ to hear and determine the matter; but if either party be
dissatisfied with such order he may apply to a superior Court to
review such decision and to make such further order thereon as the
Court may see fit: Provided always that nothing herein contained shall
affect any proceeding at law or in equity which any party aggrieved
by reason of the insertion of any book pursuant to any such notice,
or the removal of any book from such list pursuant to any such order
or by reason of any false declaration under this Act, might or would
otherwise have against any party giving such notice or obtaining such
order or making such false declaration.

CLII. Any books wherein the copyright shall be subsisting, first
composed or written or printed in the United Kingdom, and printed or
reprinted in any other country, shall be and are hereby absolutely
prohibited to be imported into the British possessions abroad:
Provided always that no such books shall be prohibited to be imported
as aforesaid, unless the proprietor of such copyright, or his agent,
shall have given notice in writing to the Commissioners of Customs
that such copyright subsists, and in such notice shall have stated
when the copyright will expire: and the said Commissioners shall
cause to be made and transmitted to the several ports in the British
possessions abroad, from time to time to be publicly exposed there,
lists of books respecting which such notice shall have been duly
given, and all books imported contrary thereto shall be forfeited: but
nothing herein contained shall be taken to prevent Her Majesty from
exercising the powers vested in her by 10 & 11 Vict. c. 95 to suspend
in certain cases such prohibition.

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1882.

45 & 46 VICT. C. 40.

    An Act to amend the law of Copyright relating to Musical
    Compositions.

  [10th August 1882.]

_Whereas it is expedient to amend the law relating to copyright
in musical compositions, and to protect the public from vexatious
proceedings for the recovery of penalties for the unauthorised
performance of the same._[1768]

Be it therefore enacted as follows:

[Sidenote: Printed notice restraining public performance.]

I.[1769] The proprietor of the copyright in any musical composition
first published after the passing of this Act, or his assignee, who
shall be entitled to and be desirous of retaining in his own hands
exclusively the right of public representation or performance of the
same, shall print or cause to be printed upon the title-page of every
published copy of such musical composition a notice to the effect that
the right of public representation or performance is reserved.

[Sidenote: Provision when right of performance and copyright are
vested in different owners.]

II. In case the right of public representation or performance of, and
the copyright in, any musical composition shall be or become vested
before publication of any copy thereof in different owners, then, if
the owner of the right of public representation or performance shall
desire to retain the same, he shall, before any such publication
of any copy of such musical composition, give to the owner of the
copyright therein notice in writing requiring him to print upon
every copy of such musical composition a notice to the effect that
the right of public representation or performance is reserved; but
in case the right of public representation or performance of, and
the copyright in, any musical composition shall, after publication
of any copy thereof subsequently to the passing of this Act, first
become vested in different owners, and such notice as aforesaid shall
have been duly printed on all copies published after the passing
of this Act previously to such vesting, then, if the owner of the
right of performance and representation shall desire to retain the
same, he shall, before the publication of any further copies of such
musical composition, give notice in writing to the person in whom the
copyright shall be then vested, requiring him to print such notice as
aforesaid on every copy of such musical composition to be thereafter
published.

[Sidenote: Penalty on owner of copyright for non-compliance with
notice from owner of right of performance.]

III. If the owner for the time being of the copyright in any musical
composition shall, after due notice being given to him or his
predecessor in title at the time, and generally in accordance with
the last preceding section, neglect or fail to print legibly and
conspicuously upon every copy of such composition published by him or
by his authority, or by any person lawfully entitled to publish the
same, and claiming through or under him, a note or memorandum stating
that the right of public representation or performance is reserved,
then and in such case the owner of the copyright at the time of the
happening of such neglect or default, shall forfeit and pay to the
owner of the right of public representation or performance of such
composition the sum of twenty pounds, to be recovered in any court of
competent jurisdiction.

[Sidenote: Costs.]

[Sidenote: 3 & 4 Will. 4 c. 15.]

IV. _Notwithstanding the provisions of the Act passed in the third
and fourth years of His Majesty King William the Fourth, to amend
the laws relating to dramatic literary property, or any other Act in
which those provisions are incorporated, the costs of any action or
proceedings for penalties or damages in respect of the unauthorised
representation or performance of any musical composition published
before the passing of this Act shall, in cases in which the plaintiff
shall not recover more than forty shillings as penalty or damages,
be in the discretion of the court or judge before whom such action or
proceedings shall be tried._[1770]

[Sidenote: Short title.]

V. This Act may be cited as the Copyright (Musical Compositions) Act,
1882.

THE INTERNATIONAL COPYRIGHT ACT, 1886.

49 & 50 VICT. C. 33.

    An Act to amend the Law respecting International and Colonial
    Copyright.

  [25th June 1886.]

_Whereas by the International Copyright Acts Her Majesty is authorised
by Order in Council to direct that as regards literary and artistic
works first published in a foreign country the author shall have
copyright therein during the period specified in the order, not
exceeding the period during which authors of the like works first
published in the United Kingdom have copyright_:

_And whereas at an international conference held at Berne in the
month of September one thousand eight hundred and eighty-five a draft
of a convention was agreed to for giving to authors of literary and
artistic works first published in one of the countries parties to the
convention copyright in such works throughout the other countries
parties to the convention_:

_And whereas, without the authority of Parliament, such convention
cannot be carried into effect in Her Majesty's dominions and
consequently Her Majesty cannot become a party thereto, and it is
expedient to enable Her Majesty to accede to the convention_:[1771]

Be it therefore enacted as follows:

[Sidenote: Short titles and construction.]

I.--(1.) This Act may be cited as the International Copyright Act,
1886.

(2.) The Acts specified in the first part of the First Schedule to
this Act, together with the enactment specified in the second part of
the said schedule, are in this Act collectively referred to as the
International Copyright Acts.

The Acts specified in the Second Schedule to this Act may be cited by
the short titles in that schedule mentioned, and those Acts are in
this Act referred to, and may be cited collectively as the Copyright
Acts.

(3.) This Act and the International Copyright Acts shall be construed
together, and may be cited together as the International Copyright
Acts, 1844 to 1886.

[Sidenote: Amendment as to extent and effect of order under
International Copyright Acts.]

II. The following provisions shall apply to an Order in Council under
the International Copyright Acts:

  (1.) The order may extend to all the several foreign countries
    named or described therein:
  (2.) The order may exclude or limit the rights conferred by the
    International Copyright Acts in the case of authors who are not
    subjects or citizens of the foreign countries named or described
    in that or any other order, and if the order contains such
    limitation and the author of a literary or artistic work first
    produced in one of those foreign countries is not a British
    subject, nor a subject or citizen of any of the foreign countries
    so named or described, the publisher of such work, unless the
    order otherwise provides, shall for the purpose of any legal
    proceedings in the United Kingdom for protecting any copyright in
    such work be deemed to be entitled to such copyright as if he were
    the author, but this enactment shall not prejudice the rights of
    such author and publisher as between themselves:
  (3.) The International Copyright Acts and an order made thereunder
    shall not confer on any person any greater right or longer term of
    copyright in any work than that enjoyed in the foreign country in
    which such work was first produced.

[Sidenote: Simultaneous publication.]

III.--(1.) An Order in Council under the International Copyright
Acts may provide for determining the country in which a literary or
artistic work first produced simultaneously in two or more countries,
is to be deemed, for the purpose of copyright, to have been first
produced, and for the purposes of this section "country" means the
United Kingdom and a country to which an order under the said Acts
applies.

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

[Sidenote: Modification of certain provisions of International
Copyright Acts.]

IV.--(1.) Where an order respecting any foreign country is made under
the International Copyright Acts the provisions of those Acts with
respect to the registry and delivery of copies of works shall not
apply to works produced in such country except so far as provided by
the order.

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

[Sidenote: Restriction on translation.]

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

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

(3.) The law relating to copyright, including this Act, shall apply to
a lawfully 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 to translations as are unrepealed by this Act, shall apply in
like manner as if they were re-enacted in this section.

[Sidenote: Application of Act to existing works.]

VI.[1772] Where an Order in Council is made under the International
Copyright Acts with respect to any foreign country, the author and
publisher of any literary or artistic work first produced before the
date at which such order comes into operation shall be entitled to the
same rights and remedies as if the said Acts and this Act and the said
order had applied to the said foreign country at the date of the said
production: Provided that where any person has before the date of the
publication of an Order in Council lawfully produced any work in the
United Kingdom, nothing in this section shall diminish or prejudice
any rights or interests arising from or in connection with such
production which are subsisting and valuable at the said date.

[Sidenote: Evidence of foreign copyright.]

VII. Where it is necessary to prove the existence or proprietorship of
the copyright of any work first produced in a foreign country to which
an Order in Council under the International Copyright Acts applies, an
extract from a register, or a certificate, or other document stating
the existence of the copyright, or the person who is the proprietor
of such copyright, or is for the purpose of any legal proceedings
in the United Kingdom deemed to be entitled to such copyright, if
authenticated by the official seal of a Minister of State of the
said foreign country, or by the official seal or the signature of a
British diplomatic or consular officer acting in such country, shall
be admissible as evidence of the facts named therein, and all courts
shall take judicial notice of every such official seal and signature
as is in this section mentioned, and shall admit in evidence, without
proof, the documents authenticated by it.

[Sidenote: Application of Copyright Acts to colonies.]

VIII.--(1.) The Copyright Acts shall, subject to the provisions of
this Act, apply to a literary or artistic work first produced in
a British possession in like manner as they apply to a work first
produced in the United Kingdom:[1773]

Provided that--

  (_a_) the enactments respecting the registry of the copyright in such
        work shall not apply if the law of such possession provides
        for the registration of such copyright; and
  (_b_) where such work is a book the delivery to any persons or body
        of persons of a copy of any such work shall not be required.

(2.) Where a register of copyright in books is kept under the
authority of the government of a British possession, an extract from
that register purporting to be certified as a true copy by the officer
keeping it, and authenticated by the public seal of the British
possession, or by the official seal or the signature of the governor
of a British possession, or of a colonial secretary, or of some
secretary or minister administering a department of the government of
a British possession, shall be admissible in evidence of the contents
of that register, and all courts shall take judicial notice of every
such seal and signature, and shall admit in evidence, without further
proof, all documents authenticated by it.

(3.) Where before the passing of this Act an Act or ordinance has been
passed in any British possession respecting copyright in any literary
or artistic works, Her Majesty in Council may make an Order modifying
the Copyright Acts and this Act, so far as they apply to such British
possession, and to literary and artistic works first produced therein,
in such manner as to Her Majesty in Council seems expedient.

(4.) Nothing in the Copyright Acts or this Act shall prevent the
passing in a British possession of any Act or ordinance respecting the
copyright within the limits of such possession of works first produced
in that possession.[1774]

[Sidenote: Application of International Copyright Acts to colonies.]

IX. Where it appears to Her Majesty expedient that an Order in
Council under the International Copyright Acts made after the passing
of this Act as respects any foreign country, should not apply to
any British possession, it shall be lawful for Her Majesty by the
same or any other Order in Council to declare that such Order and
the International Copyright Acts and this Act shall not, and the
same shall not, apply to such British possession, except so far as
is necessary for preventing any prejudice to any rights acquired
previously to the date of such Order; and the expressions in the
said Acts relating to Her Majesty's dominions shall be construed
accordingly; but save as provided by such declaration the said Acts
and this Act shall apply to every British possession as if it were
part of the United Kingdom.

[Sidenote: Making of Orders in Council.]

X.--(1.) It shall be lawful for Her Majesty from time to time to make
Orders in Council for the purposes of the International Copyright Acts
and this Act, for revoking or altering any Order in Council previously
made in pursuance of the said Acts, or any of them.

(2.) Any such Order in Council shall not affect prejudicially any
rights acquired or accrued at the date of such Order coming into
operation, and shall provide for the protection of such rights.

[Sidenote: Definitions.]

XI. In this Act, unless the context otherwise requires--

The expression "literary and artistic work" means every book, print,
lithograph, article of sculpture, dramatic piece, musical composition,
painting, drawing, photograph, and other work of literature and art to
which the Copyright Acts or the International Copyright Acts, as the
case requires, extend.

The expression "author" means the author, inventor, designer,
engraver, or maker of any literary or artistic work, and includes any
person claiming through the author; and in the case of a posthumous
work means the proprietor of the manuscript of such work and any
person claiming through him; and in the case of an encyclopædia,
review, magazine, periodical work, or work published in a series of
books or parts, includes the proprietor, projector, publisher, or
conductor.

The expressions "performed" and "performance" and similar words
include representation and similar words.

The expression "produced" means, as the case requires, published or
made, or, performed or represented, and the expression "production" is
to be construed accordingly.

The expression "book published in numbers" includes any review,
magazine, periodical work, work published in a series of books or
parts, transactions of a society or body, and other books of which
different volumes or parts are published at different times.

The expression "treaty" includes any convention or arrangement.

The expression "British possession" includes any part of Her Majesty's
dominions exclusive of the United Kingdom; and where parts of such
dominions are under both a central and a local legislature, all parts
under one central legislature are for the purposes of this definition
deemed to be one British possession.

[Sidenote: Repeal of Acts.]

XII. _The Acts specified in the Third Schedule to this Act are hereby
repealed as from the passing of this Act to the extent in the third
column of that schedule mentioned_:

_Provided as follows_:[1775]

 (_a._) Where an Order in Council has been made before the passing
       of this Act under the said Acts as respects any foreign
       country the enactments hereby repealed shall continue in
       full force as respects that country until the said Order is
       revoked.
 (_b._) _The said repeal and revocation shall not prejudice any rights
       acquired previously to such repeal or revocation, and such
       rights shall continue and may be enforced in like manner as if
       the said repeal or revocation had not been enacted or made._

SCHEDULES.

FIRST SCHEDULE.--INTERNATIONAL COPYRIGHT ACTS.

PART I.

  --------------------+--------------------------------+----------------
  Session and Chapter.|            Title.              |  Short Title.
  --------------------+--------------------------------+----------------
                      |                                |
  7 & 8 Vict. c. 12.  |An Act to amend the law relating|The International
                      | to International Copyright.    |  Copyright Act,
                      |                                |  1844.
                      |                                |
  15 & 16 Vict. c. 12.|An Act to enable Her Majesty to |The International
                      | carry into effect a convention |  Copyright Act,
                      | with France on the subject of  |  1852.
                      | copyright, to extend and       |
                      | explain the International      |
                      | Copyright Acts, and to explain |
                      | the Acts relating to copyright |
                      | in engravings.                 |
                      |                                |
  38 & 39 Vict. c. 12.|An Act to amend the law relating|The International
                      | to International Copyright.    |  Copyright Act,
                      |                                |  1875.
  --------------------+--------------------------------+----------------

PART II.

  --------------------+--------------------------------+----------------
  Session and Chapter.|          Title.                |   Enactment
                      |                                |  referred to.
  --------------------+--------------------------------+----------------
                      |                                |
  25 & 26 Vict. c. 68.|An Act for amending the law     |Section twelve.
                      | relating  to copyright in works|
                      | of the fine arts, and for      |
                      | repressing the commission of   |
                      | fraud in the production and    |
                      | sale of such works.            |
  --------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.

  --------------------+--------------------------------+----------------
  Session and Chapter.|          Title.                |  Short Title.
  --------------------+--------------------------------+----------------
                      |                                |
  8 Geo. 2, c. 13.    |An Act for the encouragement of |The Engraving
                      | the arts of designing,         | Copyright Act,
                      | engraving, and etching,        | 1734.
                      | historical, and other prints by|
                      | vesting the properties thereof |
                      | in the inventors and engravers |
                      | during the time therein        |
                      | mentioned.                     |
                      |                                |
  7 Geo. 3, c. 38.    |An Act to amend and render more |The Engraving
                      | effectual an Act made in the   | Copyright Act,
                      | eighth year of the reign of    | 1766.
                      | King George the Second, for    |
                      | encouragement of the arts of   |
                      | designing, engraving, and      |
                      | etching, historical and other  |
                      | prints, and for vesting in and |
                      | securing to Jane Hogarth,      |
                      | widow, the property in certain |
                      | prints.                        |
                      |                                |
  15 Geo. 3, c. 53.   |An Act for enabling the two     |The Copyright
                      | Universities in England, the   | Act, 1775.
                      | four Universities in Scotland, |
                      | and the several Colleges of    |
                      | Eton, Westminster, and         |
                      | Winchester, to hold in         |
                      | perpetuity their copyright in  |
                      | books given or bequeathed to   |
                      | the said universities and      |
                      | colleges for the advancement of|
                      | useful learning and other      |
                      | purposes of education; and for |
                      | amending so much of an Act of  |
                      | the eighth year of the reign of|
                      | Queen Anne, as relates to the  |
                      | delivery of books to the       |
                      | warehouse keeper of the        |
                      | Stationers' Company for the use|
                      | of the several libraries       |
                      | therein mentioned.             |
  --------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.--(_Continued_).

  --------------------+--------------------------------+----------------
  Session and Chapter.|           Title.               |  Short Title.
  --------------------+--------------------------------+----------------
                      |                                |
  17 Geo. 3, c. 57.   |An Act for more effectually     |The Prints
                      | securing   the property of     | Copyright Act,
                      | prints to  inventors and       | 1777.
                      | engravers by enabling them to  |
                      | sue for and recover penalties  |
                      | in certain cases.              |
                      |                                |
  54 Geo. 3, c. 56.   |An Act to amend and render more |The Sculpture
                      | effectual an Act of His present| Copyright Act,
                      | Majesty for encouraging the art| 1814.
                      | of making new models and casts |
                      | of busts and other things      |
                      | therein mentioned, and for     |
                      | giving further encouragement to|
                      | such arts.                     |
                      |                                |
  3 Will. 4, c. 15.   |An Act to amend the laws        |The Dramatic
                      | relating to Dramatic Literary  | Copyright Act,
                      | Property.                      | 1833.
                      |                                |
  5 & 6 Will. 4,      |An Act for preventing the       |The Lectures
        c. 65.        | publication of Lectures without| Copyright Act,
                      | consent.                       | 1835.
                      |                                |
  6 & 7 Will. 4,      |An Act to extend the protection |The Prints and
        c. 69.        | of copyright in prints and     | Engravings
                      | engravings to Ireland.         | Copyright Act,
                      |                                | 1836.
                      |                                |
  6 & 7 Will. 4,      |An Act to repeal so much of an  |The Copyright
        c. 110.       | Act of the fifty-fourth year of| Act, 1836.
                      | King George the Third,         |
                      | respecting copyrights, as      |
                      | requires the delivery of a copy|
                      | of every published book to the |
                      | libraries of Sion College, the |
                      | four Universities of Scotland, |
                      | and of the King's Inns in      |
                      | Dublin.                        |
                      |                                |
  5 & 6 Vict. c. 45.  |An Act to amend the law of      |The Copyright
                      | copyright.                     | Act, 1842.
                      |                                |
  10 & 11 Vict. c. 95.|An Act to amend the law relating|The Colonial
                      | to the protection in the       | Copyright Act,
                      | Colonies of works entitled to  | 1847.
                      | copyright in the United        |
                      | Kingdom.                       |
                      |                                |
  25 & 26 Vict. c. 68.|An Act for amending the law     |The Fine Arts
                      | relating  to copyright in works| Copyright Act,
                      | of the fine arts, and for      | 1862.
                      | repressing the commission of   |
                      | fraud in the production and    |
                      | sale of such works.            |
  --------------------+--------------------------------+----------------

THIRD SCHEDULE.--ACTS REPEALED.

  --------------------+--------------------------------+----------------
  Session and Chapter.|           Title.               |Extent of Repeal.
  --------------------+--------------------------------+----------------
                      |                                |
  7 & 8 Vict. c. 12.  |An Act to amend the law relating|Sections
                      | to international copyright.    | fourteen,
                      |                                | seventeen, and
                      |                                | eighteen.
                      |                                |
  15 & 16 Vict. c. 12.|An Act to enable Her Majesty to |Sections one to
                      | carry into effect a convention | five both
                      | with France on the subject of  | inclusive, and
                      | copyright, to extend and       | sections eight
                      | explain the International      | and eleven.
                      | Copyright Acts, and to explain |
                      | the Acts relating to copyright |
                      | engravings.                    |
                      |                                |
  25 & 26 Vict. c. 68.|An Act for amending the law     |So much of
                      | relating to copyright in works | section twelve
                      | of the fine arts, and for      | as incorporates
                      | repressing  the commission of  | any enactment
                      | fraud in the  production and   | repealed by
                      | sale of such works.            | this Act.
  --------------------+--------------------------------+----------------

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1888.

51 & 52 VICT. C. 17.

    An Act to amend the Law relating to the Recovery of Penalties for
    the unauthorised Performance of Copyright Musical Compositions.

  [5th July 1888.]

Whereas it is expedient to further amend the law relating to
copyright in musical compositions, and to further protect the public
from vexatious proceedings for the recovery of penalties for the
unauthorised performance of the same:

Be it therefore enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority of
the same, as follows:

[Sidenote: Provision as to damages.]

I. Notwithstanding the provisions of the Act of the session held
in the third and fourth years of His Majesty King William the
Fourth, chapter fifteen, to amend the laws relating to dramatic
literary property, or any other Act in which those provisions are
incorporated, the penalty or damages to be awarded upon any action or
proceedings in respect of each and every unauthorised representation
or performance of any musical composition, whether published before or
after the passing of this Act, shall be such a sum or sums as shall,
in the discretion of the Court or judge before whom such action or
proceedings shall be tried, be reasonable, and the Court or judge
before whom such action or proceedings shall be tried may award a
less sum than forty shillings in respect of each and every such
unauthorised representation or performance as aforesaid, or a nominal
penalty or nominal damages as the justice of the case may require.

[Sidenote: Costs to be in discretion of judge. 45 & 46 Vict. c. 40.]

II. The costs of all such actions or proceedings as aforesaid shall be
in the absolute discretion of the judge before whom such actions and
proceedings shall be tried, and section four of the Copyright (Musical
Compositions) Act, 1882, is hereby repealed.

[Sidenote: Proprietor not wilfully permitting such performance to be
exempt.]

III. The proprietor, tenant, or occupier of any place of dramatic
entertainment, or other place at which any unauthorised representation
or performance of any musical composition, whether published before or
after the passing of this Act, shall take place, shall not by reason
of such representation or performance be liable to any penalty or
damages in respect thereof, unless he shall wilfully cause or permit
such unauthorised representation or performance, knowing it to be
unauthorised.[1776]

[Sidenote: Saving for operas and plays].

IV. The provisions of this Act shall not apply to any action or
proceedings in respect of a representation or performance of any opera
or stage play in any theatre or other place of public entertainment
duly licensed in that respect.

[Sidenote: Short title.]

V. This Act may be cited as the Copyright (Musical Compositions) Act,
1888.

THE REVENUE ACT, 1889.

52 & 53 VICT. C. 42.

I. The following goods shall from and after the passing of this Act be
included amongst the goods enumerated and described on the table of
prohibitions and restrictions contained in Section 42 of the Customs
Consolidation Act, 1876, namely:

Books, first published in any country or state other than the United
Kingdom, wherein under the International Copyright Act, 1886, or any
other Act or any Order in Council made under the authority of any
Act, there is a subsisting Copyright in the United Kingdom, printed
or reprinted in any country or state other than the country or state
in which they were first published,[1777] and as to which the owner
of the copyright or his agent in the United Kingdom has given to the
Commissioners of Customs in the manner prescribed by Section 44 of
the Customs Consolidation Act, 1876, a notice in such form and giving
such particulars as those Commissioners require, and accompanied by a
declaration as provided in that Section.

INTERNATIONAL CONVENTIONS

THE BERNE CONVENTION, 1886.

ARTICLE I.

The Contracting States are constituted into an Union for the
protection of the rights of authors over their literary and artistic
works.

ARTICLE II.

_Authors of any of the countries of the Union, or their lawful
representatives, shall enjoy in the other countries for their works,
whether published in one of those countries or unpublished, the
rights which the respective laws do now or may hereafter grant to
natives._[1778]

The enjoyment of these rights is subject to the accomplishment of the
conditions and formalities described by law in the country of origin
of the work, and cannot exceed in the other countries the term of
protection granted in the said country of origin.

The country of origin of the work is that in which the work is first
published, or if such publication takes place simultaneously in
several countries of the Union, that one of them in which the shortest
term of protection is granted by law.

For unpublished works the country to which the author belongs is
considered the country of origin of the work.

ARTICLE III.

_The stipulations of the present Convention apply equally to the
publishers of literary and artistic works published in one of the
countries of the Union, but of which the authors belong to a country
which is not a party to the Union._

ARTICLE IV.

The expression "literary and artistic works" comprehends books,
pamphlets, and all other writings; dramatic or dramatico-musical
works, musical compositions with or without words; works of design,
painting, sculpture, and engraving; lithographs, illustrations,
geographical charts; plans, sketches, and plastic works relative
to geography, topography, architecture, or science in general; in
fact, every production whatsoever in the literary, scientific, or
artistic domain which can be published by any mode of impression or
reproduction.

ARTICLE V.

_Authors of any of the countries of the Union, or their lawful
representatives, shall enjoy in the other countries the exclusive
right of making or authorising the translation of their works until
the expiration of ten years from the publication of the original work
in one of the countries of the Union._

For works published in incomplete parts ("livraisons") the period of
ten years commences from the date of publication of the last part of
the original work.

For works composed of several volumes published at intervals, as well
as for bulletins or collections ("cahiers") published by literary or
scientific Societies, or by private persons, each volume, bulletin, or
collection is, with regard to the period of ten years, considered as a
separate work.

In the cases provided for by the present Article, and for the
calculation of the period of protection, the 31st December of the
year in which the work was published is admitted as the date of
publication.

ARTICLE VI.

Authorised translations are protected as original works. They
consequently enjoy the protection stipulated in Articles II. and III.
as regards their unauthorised reproduction in the countries of the
Union.

It is understood that, in the case of a work for which the translating
right has fallen into the public domain, the translator cannot oppose
the translation of the same work by other writers.

ARTICLE VII.

_Articles from newspapers or periodicals published in any of the
countries of the Union may be reproduced in original or in translation
in the other countries of the Union, unless the authors or publishers
have expressly forbidden it. For periodicals it is sufficient if the
prohibition is made in a general manner at the beginning of each
number of the periodical._

_This prohibition cannot in any case apply to articles of political
discussion, or to the reproduction of news of the day or current
topics._

ARTICLE VIII.

As regards the liberty of extracting portions from literary or
artistic works for use in publications destined for educational or
scientific purposes, or for chrestomathies, the matter is to be
decided by the legislation of the different countries of the Union, or
by special arrangements existing or to be concluded between them.

ARTICLE IX.[1779]

The stipulations of Article II. apply to the public representation of
dramatic or dramatico-musical works, whether such works be published
or not.

Authors of dramatic or dramatico-musical works, or their lawful
representatives, are, during the existence of their exclusive right
of translation, equally protected against the unauthorised public
representation of translations of their works.

The stipulations of Article II. apply equally to the public
performance of unpublished musical works, or of published works
in which the author has expressly declared on the title-page or
commencement of the work that he forbids the public performance.

ARTICLE X.

Unauthorised indirect appropriations of a literary or artistic work,
of various kinds, such as adaptations, arrangements of music, &c.,
are specially included amongst the illicit reproductions to which
the present Convention applies, when they are only the reproduction
of a particular work, in the same form, or in another form, with
non-essential alterations, additions, or abridgments, so made as not
to confer the character of a new original work.

It is agreed that, in the application of the present Article, the
Tribunals of the various countries of the Union will, if there is
occasion, conform themselves to the provisions of their respective
laws.

ARTICLE XI.

In order that the authors of works protected by the present Convention
shall, in the absence of proof to the contrary, be considered as such,
and be consequently admitted to institute proceedings against pirates
before the Courts of the various countries of the Union, it will be
sufficient that their name be indicated on the work in the accustomed
manner.

For anonymous or pseudonymous works, the publisher whose name is
indicated on the work is entitled to protect the rights belonging
to the author. He is, without other proof, reputed the lawful
representative of the anonymous or pseudonymous author.

It is, nevertheless, agreed that the Tribunals may, if necessary,
require the production of a certificate from the competent authority
to the effect that the formalities prescribed by law in the country of
origin have been accomplished, as contemplated in Article II.

ARTICLE XII.

_Pirated works may be seized on importation into those countries of
the Union where the original work enjoys legal protection._

_The seizure shall take place conformably to the domestic law of each
State._

ARTICLE XIII.

It is understood that the provisions of the present Convention cannot
in any way derogate from the right belonging to the Government of
each country of the Union to permit, to control, or to prohibit,
by measures of domestic legislation or police, the circulation,
representation, or exhibition of any works or productions in regard to
which the competent authority may find it necessary to exercise that
right.

ARTICLE XIV.

Under the reserves and conditions to be determined by common
agreement,[1780] the present Convention applies to all works which
at the moment of its coming into force have not yet fallen into the
public domain in the country of origin.

ARTICLE XV.

It is understood that the Governments of the countries of the Union
reserve to themselves respectively the right to enter into separate
and particular arrangements between each other, provided always that
such arrangements confer upon authors or their lawful representatives
more extended rights than those granted by the Union, or embody other
stipulations not contrary to the present Convention.

ARTICLE XVI.[1781]

An international office is established, under the name of "Office of
the International Union for the Protection of Literary and Artistic
Works."

This Office, of which the expenses will be borne by the
Administrations of all the countries of the Union, is placed under
the high authority of the Superior Administration of the Swiss
Confederation, and works under its direction. The functions of this
Office are determined by common accord between the countries of the
Union.

ARTICLE XVII.

The present Convention may be submitted to revisions in order to
introduce therein amendments calculated to perfect the system of the
Union.

Questions of this kind, as well as those which are of interest to the
Union in other respects, will be considered in Conferences to be held
successively in the countries of the Union by Delegates of the said
countries.

It is understood that no alteration in the present Convention shall be
binding on the Union except by the unanimous consent of the countries
composing it.

ARTICLE XVIII.

Countries which have not become parties to the present Convention, and
which grant by their domestic law the protection of rights secured by
this Convention, shall be admitted to accede thereto on request to
that effect.

Such accession shall be notified in writing to the Government of
the Swiss Confederation, who will communicate it to all the other
countries of the Union.

Such accession shall imply full adhesion to all the clauses and
admission to all the advantages provided by the present Convention.

ARTICLE XIX.

Countries acceding to the present Convention shall also have the
right to accede thereto at any time for their Colonies or foreign
possessions.

They may do this either by a general declaration comprehending all
their Colonies or possessions within the accession, or by specially
naming those comprised therein, or by simply indicating those which
are excluded.

ARTICLE XX.

The present Convention shall be put in force three months after the
exchange of the ratifications, and shall remain in effect for an
indefinite period until the termination of a year from the day on
which it may have been denounced.

_Such denunciation shall be made to the Government authorised to
receive accessions, and 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 XXI.

The present Convention shall be ratified, and the ratifications
exchanged at Berne, within the space of one year at the latest.

In witness whereof, the respective Plenipotentiaries have signed the
same, and have affixed thereto the seal of their arms.

Done at Berne, the 9th day of September 1886.

_Additional Article._

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 nowise 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 stipulations 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.

_Final Protocol._

In proceeding to the signature of the Convention concluded this day,
the undersigned Plenipotentiaries have declared and stipulated as
follows:

1. _As regards Article IV. it is agreed that those countries of
the Union where the character of artistic works is not refused to
photographs, engage to admit them to the benefits of the Convention
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 authorised photograph of a protected work of
art shall enjoy legal protection in all the countries of the Union,
as contemplated by the said Convention, 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. As regards Article IX. it is agreed that those countries of the
Union whose legislation implicitly 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 as 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 may be contained
in special Conventions either existing or to be concluded._

_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 organisation of the International Office established in virtue
of Article XVI. of the Convention shall be fixed by a Regulation which
shall be drawn up by the Government of the Swiss Confederation.

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 will study questions of general utility likely to be
of interest to the Union, and, by the aid of documents placed at its
disposal by the different Administrations, will edit a periodical
publication in the French language treating questions which concern
the Union. The Governments of the countries of the Union reserve
to themselves the faculty of authorising, by common accord, the
publication by the Office of an edition in one or more other languages
if experience should show this to be requisite.

The International Office will always hold itself at the disposal of
members of the Union, with the view to furnish them with any special
information they may require relative to the protection of literary
and artistic works.

The Administration of the country where a Conference is about to be
held, will prepare the programme of the Conference with the assistance
of the International Office.

The Director of the International Office will attend the sittings
of the Conferences, and will take part in the discussions without
a deliberative voice. He will make an annual Report on his
administration, which shall be communicated to all the members of the
Union.

The expenses of the Office of the International Union shall be shared
by the Contracting States. Unless a fresh arrangement be made, they
cannot exceed a sum of 60,000 fr. a year. This sum may be increased by
the decision of one of the Conferences provided for in Article XVII.

The share of the total expense to be paid by each country shall be
determined by the division of the Contracting and acceding States into
six classes, each of which shall contribute in the proportion of a
certain number of units, viz.:

  First Class     25 units.
  Second  "       20   "
  Third   "       15   "
  Fourth  "       10   "
  Fifth   "        5   "
  Sixth   "        3   "

These co-efficients will be multiplied by the number of States of each
class, and the total product thus obtained will give the number of
units by which the total expense is to be divided. The quotient will
give the amount of the unity of expense.

Each State will declare, at the time of its accession, in which of the
said classes it desires to be placed.

The Swiss Administration will prepare the Budget of the Office,
superintend its expenditure, make the necessary advances, and draw
up the annual account, which shall be communicated to all the other
Administrations.

6. The next Conference shall be held at Paris between four and six
years from the date of the coming into force of the Convention.

The French Government will fix the date within these limits after
having consulted the International Office.

7. It is agreed that, as regards the exchange of ratifications
contemplated in Article XXI., each Contracting Party shall give a
single instrument, which shall be deposited, with those of the other
States, in the Government archives of the Swiss Confederation. Each
party shall receive in exchange a copy of the _procès-verbal_ of the
exchange of ratifications, signed by the Plenipotentiaries present.

The present Final Protocol, which shall be ratified with the
Convention concluded this day, shall be considered as forming an
integral part of the said Convention, and shall have the same force,
effect, and duration.

In witness whereof the respective Plenipotentiaries have signed the
same.

Done at Berne, the 9th day of September 1886.

_Procès-verbal of Signature._

The undersigned Plenipotentiaries, assembled this day to proceed with
the signature of the Convention with reference to the creation of an
International Union for the protection of literary and artistic works,
have exchanged the following declarations:

1. With reference to the accession of the Colonies or foreign
possessions provided for by Article XIX. of the Convention:

The Plenipotentiaries of His Catholic Majesty the King of Spain
reserve to the Government the power of making known His Majesty's
decision at the time of the exchange of ratifications.

The Plenipotentiary of the French Republic states that the accession
of his country carries with it that of all the French Colonies.

The Plenipotentiaries of Her Britannic Majesty state that the
accession of Great Britain to the Convention for the protection of
literary and artistic works comprises the United Kingdom of Great
Britain and Ireland, and all the Colonies and foreign possessions of
Her Britannic Majesty.

At the same time they reserve to the Government of Her Britannic
Majesty the power of announcing at any time the separate denunciation
of the Convention by one or several of the following Colonies or
possessions, in the manner provided for by Article XX. of the
Convention, namely:

India, the Dominion of Canada, Newfoundland, the Cape, Natal, New
South Wales, Victoria, Queensland, Tasmania, South Australia, Western
Australia, and New Zealand.

2. With respect to the classification of the countries of the Union
having regard to their contributory part to the expenses of the
International Bureau (No. 5 of the Final Protocol):

The Plenipotentiaries declare that their respective countries should
be ranked in the following classes, namely:

  Germany in the first class.
  Belgium in the third class.
  Spain in the second class.
  France in the first class.
  Great Britain in the first class.
  Haiti in the fifth class.
  Italy in the first class.
  Switzerland in the third class.
  Tunis in the sixth class.

The Plenipotentiary of the Republic of Liberia states that the powers
which he has received from his Government authorise him to sign the
Convention, but that he has not received instructions as to the
class in which his country proposes to place itself with respect to
the contribution to the expenses of the International Bureau. He,
therefore, reserves that question to be determined by his Government,
who will make known their intention on the exchange of ratifications.

In witness whereof, the respective Plenipotentiaries have signed the
present _procès-verbal_.

Done at Berne, the 9th day of September 1886.

_Procès-verbal recording Deposit of Ratifications._

In accordance with the stipulations of Article XXI., paragraph 1, of
the Convention for the creation of an International Union for the
protection of literary and artistic works, concluded at Berne on the
9th September 1886, and in consequence of the invitation addressed to
that effect by the Swiss Federal Council to the Governments of the
High Contracting Parties, the Undersigned assembled this day in the
Federal Palace at Berne for the purpose of examining and depositing
the ratifications of:

  Her Majesty the Queen of Great Britain and Ireland, Empress of India,
  His Majesty the Emperor of Germany, King of Prussia,
  His Majesty the King of the Belgians,
  Her Majesty the Queen Regent of Spain, in the name of His Catholic
      Majesty the King of Spain,
  The President of the French Republic,
  The President of the Republic of Haiti,
  His Majesty the King of Italy,
  The Council of the Swiss Confederation,
  His Highness the Bey of Tunis,

to the said International Convention, followed by an Additional
Article and Final Protocol.

The instruments of these acts of ratification having been produced and
found in good and due form, they have been delivered into the hands
of the President of the Swiss Confederation, to be deposited in the
archives of the Government of that country, in accordance with clause
No. 7 of the Final Protocol of the International Convention.

In witness whereof the undersigned have drawn up the present
_procès-verbal_, to which they have affixed their signatures and the
seals of their arms.

Done at Berne, the 5th September 1887, in nine copies, one of which
shall be deposited in the archives of the Swiss Confederation with the
instruments of ratification.

  For Great Britain  (L. S.) F. O. ADAMS.
  For Germany        (L. S.) ALFRED VON BÜLOW.
  For Belgium        (L. S.) HENRY LOUMYER.
  For Spain          (L. S.) COMTE DE LA ALMINA.
  For France         (L. S.) EMMANUEL ARAGO.
  For Haiti          (L. S.) LOUIS-JOSEPH JANVIER.
  For Italy          (L. S.) FÈ.
  For Switzerland    (L. S.) DROZ.
  For Tunis          (L. S.) H. MARCHAND.

_Protocol._

On proceeding to the signature of the _procès-verbal_ recording
the deposit of the acts of ratification given by the High Parties
Signatory to the Convention of the 9th September 1886, for the
creation of an International Union for the protection of literary and
artistic works, the Minister of Spain renewed, in the name of his
Government, the declaration recorded in the _procès-verbal_ of the
Conference of the 9th September 1886, according to which the accession
of Spain to the Convention includes that of all the territories
dependent upon the Spanish Crown.

The Undersigned have taken note of this declaration.

In witness whereof they have signed the present Protocol, done at
Berne, in nine copies, the 5th September 1887.

ORDER IN COUNCIL, NOVEMBER 28, 1887.

    BRITISH ORDER IN COUNCIL giving effect to the International
    Copyright Convention with Belgium, France, Germany, Haiti, Italy,
    Spain, Switzerland, and Tunis, of September 9, 1886.

  [Windsor, November 28, 1887.]

Whereas the Convention, of which an English translation is set out
in the First Schedule to this Order, has been concluded between Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland
and the foreign countries named in this Order, with respect to the
protection to be given by way of copyright to the authors of literary
and artistic works:

And whereas the ratifications of the said Convention were exchanged
on the 5th September 1887, between Her Majesty the Queen and the
Governments of the foreign countries following, that is to say:

Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.

And whereas Her Majesty in Council is satisfied that the foreign
countries named in this Order have made such provisions as it appears
to Her Majesty expedient to require for the protection of authors of
works first produced in Her Majesty's dominions.

Now therefore Her Majesty, by and with the advice of Her Privy
Council, and by virtue of the authority committed to her by the
International Copyright Acts, 1844 to 1886, doth order, and it is
hereby ordered as follows:

1. The Convention as set forth in the First Schedule to this Order
shall as from the commencement of this Order have full effect
throughout Her Majesty's dominions, and all persons are enjoined to
observe the same.

2. This Order shall extend to the foreign countries following, that is
to say[1782]:

Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.

And the above countries are in this Order referred to as the foreign
countries of the Copyright Union, and those foreign countries,
together with Her Majesty's dominions, are in this Order referred to
as the countries of the Copyright Union.

3. The author of a literary or artistic work which, on or after the
commencement of this Order, is first produced in one of the foreign
countries of the Copyright Union shall, subject as in this Order and
in the International Copyright Acts, 1844 to 1886, mentioned, have as
respects that work throughout Her Majesty's dominions the same right
of copyright, including any right capable of being conferred by an
Order in Council under section 2 or section 5 of the International
Copyright Act, 1844, or under any other enactment as if the work had
been first produced in the United Kingdom, and shall have such right
during the same period.

Provided that the author of a literary or artistic work shall not have
any greater right or longer term of copyright therein than that which
he enjoys in the country in which the work is first produced.

The author of any literary or artistic work first produced before the
commencement of this Order shall have the rights and remedies to which
he is entitled under section 6 of the International Copyright Act,
1886.

4. _The rights conferred by the International Copyright Acts, 1844
to 1886, shall in the case of a literary or artistic work first
produced in one of the foreign countries of the Copyright Union by
an author who is not a subject or citizen of any of the said foreign
countries, be limited as follows: that is to say, the author shall
not be entitled to take legal proceedings in Her Majesty's dominions
for protecting any copyright in such work, but the publisher of such
work shall, for the purpose of any legal proceedings in Her Majesty's
dominions for protecting any copyright in such work, be deemed to
be entitled to such copyright as if he were the author, but without
prejudice to the rights of such author and publisher as between
themselves._

5. A literary or artistic work first produced simultaneously in two
or more countries of the Copyright Union shall be deemed for the
purpose of copyright to have been first produced in that one of those
countries in which the term of copyright in the work is shortest.

6. Section 6 of the International Copyright Act, 1852, shall not apply
to any dramatic piece to which protection is extended by virtue of
this Order.

7. The Orders mentioned in the Second Schedule to this Order are
hereby revoked[1783]: Provided that neither such revocation, nor
anything else in this Order, shall prejudicially affect any right
acquired or accrued before the commencement of this Order by virtue of
any Order hereby revoked, and any person entitled to such right shall
continue entitled thereto and to the remedies for the same, in like
manner as if this Order had not been made.

8. This Order shall be construed as if it formed part of the
International Copyright Act, 1886.

9. This Order shall come into operation on December 6, 1887, which day
is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give
necessary orders herein accordingly.

FIRST SCHEDULE.

[BERNE CONVENTION, 1886, WITH ADDITIONAL ARTICLE AND FINAL PROTOCOL.]

SECOND SCHEDULE.

ORDERS IN COUNCIL REVOKED.

Orders in Council, of the dates named below, for securing the
privileges of copyright in Her Majesty's dominions to authors of works
of literature, and the fine arts, and dramatic pieces, and musical
compositions first produced in the following foreign countries,
namely:

  -----------------------------------+----------------------------
           Foreign Country.          |   Date of Entry.
  -----------------------------------+----------------------------
  Prussia                            | 27th August 1846
  Saxony                             | 26th September 1846
  Brunswick                          | 24th April 1847
  The States of the Thuringian Union | 10th August 1847
  Hanover                            | 30th October 1847
  Oldenburg                          | 11th February 1848
  France                             | 10th January 1852
  Anhalt Dessau and Anhalt Bernbourg | 11th March 1853
  Hamburg                            | 25th November 1853, and 8th July
                                     |   1855
  Belgium                            | 8th February 1855
  Prussia, Saxony, Saxe-Weimar       | 19th October 1855
  Spain                              | 24th September 1857, and 20th
                                     |   November 1880
  The States of Sardinia             | 4th February 1861
  Hesse-Darmstadt                    | 5th February 1862
  Italy                              | 9th September 1865
  German Empire                      | 24th September 1886
  -----------------------------------+----------------------------

The Order in Council of 5th August 1875, revoking the application of
Section 6 of 15 & 16 Vict. c. 12 to dramatic pieces referred to in
the Order in Council of 10th January 1852 with respect to works first
published in France.

THE ADDITIONAL ACT OF PARIS, 1896.

ARTICLE I.

The International Convention of the 9th September 1886, is modified as
follows:

1. Article II.--The first paragraph of Article II. shall run as
follows:

    "Authors belonging to any one of the countries of the Union, or
    their lawful representatives, shall enjoy in the other countries
    for their works, whether unpublished, or published for the first
    time in one of those countries, the rights which the respective
    laws do now or shall hereafter grant to nationals."

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:

    "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 representatives, shall enjoy in the other countries
    the exclusive right of making or authorising 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 translation 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 itself 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
    condition 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 admitted 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 authorised 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.

    "In the absence of such stipulations between any of the 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.

    "The stipulations of Article XIV. of the Berne Convention and of
    the present clause of the Final Protocol shall apply equally to
    the exclusive right of translation, in so far as such right is
    established by the present Additional Act.

    "The temporary stipulations noted above shall be applicable to
    countries which may hereafter accede to the Union."

ARTICLE III.

The countries of the Union which are not parties to the present
Additional Act, shall at any time be allowed to accede thereto on
their request to that effect. This stipulation shall apply equally
to countries which may hereafter accede to the Convention of the 9th
September 1886. It will suffice for this purpose that such accession
should be notified in writing to the Swiss Federal Council, who shall
in turn communicate it to the other Governments.

ARTICLE IV.

The present Additional Act shall have the same force and duration as
the Convention of the 9th September 1886.

It shall be ratified, and the ratifications shall be exchanged at
Paris, in the manner adopted in the case of that Convention, as soon
as possible, and within the space of one year at the latest.

It shall come into force as regards those countries which shall have
ratified it three months after such exchange of ratifications.

In witness whereof the respective Plenipotentiaries have signed the
same, and have affixed thereto the seal of their arms.

Done at Paris in a single transcript, the 4th May 1896.

_Procès-Verbal recording Deposit of Ratification._

Circumstances having prevented action being taken within the period of
delay originally fixed for the exchange of the ratifications of the
Additional Act of the 4th May 1896, modifying Articles II., III., V.,
VII., XII., and XX. of the Convention of the 9th September 1886, and
clauses 1 and 4 of the Final Protocol annexed thereto, as well as of
the Declaration interpreting certain stipulations of the Convention of
Berne of the 9th September 1886, and of the Additional Act signed at
Paris on the 4th May 1896, it has been unanimously agreed that that
period should be prolonged until this day.

In consequence whereof the Undersigned have met together in order to
deposit the instruments in question.

Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, Montenegro,
Switzerland, and Tunis have ratified both engagements.

Great Britain has ratified the Additional Act alone, on behalf of the
United Kingdom, as well as of all the British Colonies and Possessions.

Norway has only ratified the interpretative Declaration.

The respective ratifications having been produced and found to be
in good and due form, have been handed to the French Minister for
Foreign Affairs, in order that they may be deposited in the archives
of the Ministry, such deposit to be held equivalent to an exchange of
ratifications.

In faith of which the Undersigned have prepared the present Record of
deposit, to which they have affixed their seals.

Done at Paris, the 9th September 1897.

                        For Germany:
      (L. S.) (Signed)        VON MÜLLER.
                        For Belgium:
      (L. S.) (Signed)        Baron ALB. FALLON.
                        For Spain:
      (L. S.) (Signed)        Le Marquis DE NOVALLAS.
                        For France:
      (L. S.) (Signed)        G. HANOTAUX.
                        For Great Britain:
      (L. S.) (Signed)        EDMUND MONSON.
                        For Italy:
      (L. S.) (Signed)        G. TORNIELLI.
                        For Luxembourg:
      (L. S.) (Signed)        EUGÈNE LOUIS BASTIN.
                        For Monaco:
      (L. S.) (Signed)        J. DEPELLEY.
                        For Montenegro:
      (L. S.) (Signed)        H. MARCEL.
                        For Norway:
      (L. S.) (Signed)        Comte WRANGEL.
                        For Switzerland:
      (L. S.) (Signed)        DUPLAN.
                        For Tunis:
      (L. S.) (Signed)        RENAULT.
  Certified to be a correct copy.
      (L. S.) (Signed)        PH. CROSIER,
                            _Minister Plenipotentiary_,
                            _Chef du Service du Protocole._

ORDER IN COUNCIL, MARCH 7, 1898.

Whereas, &c. (Preamble recites the Berne Convention, 1886, Order in
Council November 28, 1887, other Orders in Council affecting countries
subsequently acceding, and the Additional Act of Paris.)

And whereas Her Majesty in Council is satisfied that the foreign
countries named in the body of this Order and parties to the said
Additional Act have made such provisions as it appears to Her Majesty
expedient to require for the protection of authors of works first
produced in Her Majesty's dominions:

Now therefore Her Majesty, by and with the advice of Her Privy Council
and by virtue of the authority committed to Her by the International
Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as
follows:

(1.) The Additional Act of the Berne Convention set forth in the
Schedule to this Order shall as from the commencement of this Order
have full effect throughout Her Majesty's dominions, and all persons
are enjoined to observe the same.

(2.) This Order shall extend to the foreign countries following, that
is to say:[1784]

  Germany,
  Belgium,
  Spain,
  France,
  Italy,
  Luxembourg,
  Monaco,
  Montenegro,
  Switzerland, and
  Tunis.

(3.) The fourth article of the Order in Council of November 28, 1887,
shall as from the commencement of this Order cease to apply to the
foreign countries to which this Order extends:

(4.) The Order in Council of November 28, 1887, shall continue to be
of full force and effect save in so far as the same is varied by this
Order.

(5.) Nothing contained in this Order shall prejudicially affect any
right acquired or accrued before the commencement of this Order
by virtue of the said Order in Council of November 28, 1887, or
otherwise, and any person entitled to such right shall continue
entitled thereto and to the remedies for the same in like manner as if
this Order had not been made.

(6.) The author of any literary or artistic work first produced before
the commencement of this Order shall have the rights and remedies to
which he is entitled under section 6 of The International Copyright
Act, 1886.

(7.) This Order shall be construed as if it formed part of The
International Copyright Act, 1886.

(8.) This Order shall come into operation on the date hereof, which
day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty's Treasury are to give the
necessary orders herein accordingly.

TREASURY MINUTE

TREASURY MINUTE[1785] DEALING WITH THE COPYRIGHT IN GOVERNMENT
PUBLICATIONS, AUGUST 31, 1887.

My Lords take into consideration the correspondence which has passed
between the Treasury and the Stationery Office on the subject of