"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 I 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, Luxemburg, 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. 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: 1 Germany, Spain, France, Italy, Luxemburg, Monaco, Montenegro, Switzerland, and (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 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 Copyright in Government publications. 1 The following countries subsequently acceded to the Additional Act of Paris. By Orders in Council of the respective dates given hereunder the provisions of the above Order in Council are extended to the acceding countries, viz. : Haiti, May 19, 1898; Japan, August 8, 1899. 2 See p. 60. The law gives to the Crown, or the assignee of the Crown, the same right of copyright as to a private individual. Consequently, if a servant of the Crown, in the course of his duty for which he is paid, composes any document, or if a person is specially employed and paid by the Crown for the purpose of composing any document, the copyright in the document belongs to the Crown as it would in the case of a private employer. The majority of publications issued under the authority of the Government have no resemblance to the works published by private publishers, and are published for the information of the public and for public use, in such manner as any one of the public may wish, and it is desirable that the knowledge of their contents should be diffused as widely as possible. In other cases the Government publishes at considerable cost works in which few persons only are interested, but which are published for the purpose of promoting literature and science. These works are of precisely the same character as those published by private enterprise. In order to prevent an undue burden being thrown on the taxpayer by these works, and to enable the Government to continue the publication of works of this character to the same extent as heretofore, it is necessary to place them, as regards copyright, in the same position as publications by private publishers. If the reproduction of them, or of the most popular portions of them, by private publishers, is permitted, the private publisher will be able to put into his own pocket the profits of the work, which ought to go in relief of the general public, the taxpayers. The question, then, is, what are the classes of works the reproduction of which is to be restricted, or to be left unrestricted? Government publications may be classified as follows: : (1.) Reports of Select Committees of the two Houses of Parliament, or of Royal Commissions. (2.) Papers required by Statute to be laid before Parliament, e.g., Orders in Council, Rules made by Government Departments, Accounts, Reports of Government Inspectors. (3.) Papers laid before Parliament by Command, e.g., Treaties, Diplomatic Correspondence, Reports from Consuls and Secretaries of Legation, Reports of Inquiries into Explosions or Accidents, and other Special Reports made to Government Departments. (4.) Acts of Parliament. (5.) Official books, e.g., Queen's Regulations for the Army or Navy. (6.) Literary or quasi-literary works, e.g., the Reports of the Challenger Expedition, the Rolls Publication, the forthcoming State Trials, the "Board of Trade Journal." (7.) Charts and Ordnance Maps. As respects the first five classes of publications, the reproduction of them, with certain exceptions, should not be restricted in any form whatever. Indeed, in most cases it is desirable that they should be made known to the public as widely as possible. The first exception is, that Acts of Parliament and official books should not, except when published under the authority of the Government, purport on the face of them to be published by authority. The second exception is, where a work of a literary or quasi-literary character comes accidentally within these classes. For example, the Reports of the Historical Manuscripts Commission would, but for the fact that they were produced under the direction of a Commission instead of under the Master of the Rolls, be published in the ordinary manner like the Rolls publications, and come within Class 6. So, again, a Report to a Government Department may be laid before Parliament made by a person of eminent scientific knowledge who is willing to give the Government and the public the advantage of his knowledge, but not to allow it to be reproduced for the private benefit of an individual publisher. Mr. Whitehead's Reports on Injurious Insects are an instance of this case. Other exceptions will, no doubt, from time to time occur, which can only be dealt with as they arise. As regards the sixth and seventh classes above mentioned, it seems desirable that the copyright in them should be enforced in the interests of the taxpayer, and of literature and science. For, as pointed out above, unless copyright is enforced, cheap copies of the works, or of the popular portion of them, can be produced by private publishers, who reap the profit at the expense of the taxpayer. And as such works are in any case a burden on the taxpayer, the greater the burden the fewer works can the Government, with justice to the taxpayer, undertake. Notice of the intention to enforce the copyright in any work should be given to the public. In the case of future works this notice can be given by prefixing to the work a notice to the effect that the rights of copyright are reserved. In the case of past works it will be desirable to inform the publishing trade of the works the reproduction of which, without permission, is forbidden. As respects Acts of Parliament, the Government, in obedience to the wishes of Parliament expressed by Select Committees, are bound to publish an edition of them by authority as cheaply as practicable, and a nearly similar remark applies to official publications. For this purpose the Comptroller of the Stationery Office shall be appointed Her Majesty's Printer, but care will be taken not to infringe on any existing privileges granted by the Crown. Let instructions be given to the Comptroller of the Stationery Office and to the Solicitor in pursuance of this Minute. AMERICAN STATUTES REVISED STATUTES, 1874. TITLE IX. c. 3. [Approved June 22, 1874.] SEC. 4948. All records and other things relating to copyrights and Copyrights required by law to be preserved shall be under the control of the Librarian to be under charge of of Congress, and kept and preserved in the Library of Congress; and the Librarian Librarian of Congress shall have the immediate care and supervision of Conthereof, and, under the supervision of the joint committee of Congress on the Library, shall perform all acts and duties required by law touching copyrights. gress. |