Country of ori gin. Subsequent edi tions of noncopyright works. Translations. Newspaper reports of public allowed. ARTICLE 7. The country of origin of a work will be deemed that of its first publication in America, and if it shall have appeared simultaneously in several of the signatory countries, that which fixes the shortest period of protection. ARTICLE 8. A work which was not originally copyrighted shall not be entitled to copyright in subsequent editions. ARTICLE 9. Authorized translations shall be protected in the same manner as original works. Translators of works concerning which no right of guaranteed property exists, or the guaranteed copyright of which may have been extinguished, may obtain for their translations the rights of property set forth in Article 3rd but they shall not prevent the publication of other translations of the same work. ARTICLE 10. Addresses or discourses delivered or read addresses, etc., before deliberative assemblies, Courts of Justice, or at public meeting, may be printed in the daily press without the necessity of any authorisation, with due regard, however, to the provisions of the domestic legislation of each nation. ARTICLE 11. Literary, scientific or artistic writings, whatever may be their subjects, published in newspapers or magazines, in any one of the countries of the Union, shall not be reproduced in the other countries without the consent of the authors. With the exception of the works mentioned, any article in a newspaper may be reprinted by others, if it has not been expressly prohibited, but in every case, the source from which it is taken must be cited. News and miscellaneous items published merely for general information, do not enjoy protection under this convention. ARTICLE 12. The reproduction of extracts from literary or artistic publications for the purpose of instruction or chrestomathy, does not confer any right of property, and may, therefore, be freely made in all the signatory countries. ARTICLE 13. The indirect appropriation of unauthorised parts of a literary or artistic work, having no original character, shall be deemed an illicit reproduction, in so far as effects civil liability. of entire works The reproduction in any form of an entire work, or of Reproduction the greater part thereof, accompanied by notes or com- with notes illegal. mentaries under the pretext of literary criticism or amplification, or supplement to the original work, shall also be considered illicit. Confiscation. ARTICLE 14. Every publication infringing a copyright may be confiscated in the signatory countries in which the original work had the right to be legally protected, without prejudice to the indemnities or penalties which Other penalties. the counterfeiters may have incurred according to the laws of the country in which the fraud may have been committed. Right of gov ARTICLE 15. Each of the Governments of the signatory ernmental supercountries, shall retain the right to permit, inspect, or pro- vision. hibit the circulation, representation or exhibition of works or productions, concerning which the proper authority may have to exercise that right. Date of effect ARTICLE 16. The present Convention shall become op- of convention. erative between the Signatory States which ratify it, three months after they shall have communicated their ratification to the Argentine Government, and it shall remain in force among them until a year after the date when it may be denounced. This denunciation shall be Denunciation addressed to the Argentine Government and shall be without force except with respect to the country making it. of Convention. In witness whereof, the Plenipotentiaries have signed Signatures. the present treaty and affixed thereto the Seal of the Fourth International American Conference. Made and signed in the City of Buenos Aires on the eleventh day of August in the year one thousand nine August 11, 1910. hundred and ten, in Spanish, English, Portuguese and French, and deposited in the Ministry of Foreign Affairs of the Argentine Republic, in order that certified copies be made for transmission to each one of the signatory nations through the appropriate diplomatic channels. [Here follow the signatures (omitted) of the delegates of the United States of America and the other nineteen contracting states: Argentine Republic, Brazil, Chili, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, Venezuela.] deposited. And whereas, the said Convention has been ratified by Ratifications the Government of the United States, by and with the advice and consent of the Senate thereof, and by the Proclamation. July 13, 1914. Governments of the Dominican Republic, Guatemala, Honduras, Panama, Nicaragua, and Ecuador, and the ratifications of the said Governments were, by the provisions of Article 16 of the said Convention, deposited by their respective Plenipotentiaries with the Government of the Argentine Republic; Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this thirteenth day of July in the year of our Lord one thousand nine [SEAL] hundred and fourteen, and of the Independence of the United States of America the one hun dred and thirty-ninth. By the President: W. J. BRYAN Secretary of State WOODROW WILSON In "The Statutes at Large of the United States of America, from March, 1913, to March, 1915." Vol. 38, part 2. 8vo. Washington, 1915, pages 1785-1798. (Spanish, English, Portuguese, and French texts.) 1 The Governments of Bolivia, Brazil, Costa Rica, and Salvador have announced through diplomatic channels the adhesion of those countries to this copyright convention. GREAT BRITAIN Order in Council under the Copyright Act, 1911 (1 & 2 Geo. 5, c. 46), regulating Copyright Relations with the United States of America. At the Court at Buckingham Palace, the 3d day of February, 1915. Present, THE KING'S MOST EXCELLENT MAJESTY, LORD PRESIDENT, VISCOUNT KNOLLYS, LORD CHAMBERLAIN, MR. SECRETARY HARCOURT, MR. ARTHUR HENDERSON, SIR WILLIAM MACGREGOR, LORD JUSTICE BANKES. mation of Apr. 9, Whereas by a Proclamation of the President of the U. S. ProclaUnited States of America, dated the 9th April, 1910, the 1910. benefits of the United States Act of 1909, entitled "An Act to Amend and Consolidate the Acts respecting Copyright," were extended to the subjects of Great Britain. and her possessions, but no provision was made therein for the protection of the musical works of British Mechanical subjects against reproduction by means of mechanical duction. contrivances: And whereas His Majesty is advised that the Government of the United States of America has undertaken, upon the issue of this Order, to grant such protection to the musical works of British subjects: musical repro right act, 1911. And whereas by reason of these premises His Majesty British copy is satisfied that the Government of the United States of America has made, or has undertaken to make, such provision as it is expedient to require for the protection of works entitled to copyright under the provisions of Part I of the Copyright Act, 1911: dominions not in And whereas by the Copyright Act, 1911, authority is Self-governing conferred upon His Majesty to extend, by Order in Coun-cluded. cil, the protection of the said Act to certain classes of foreign works within any part of His Majesty's Dominions, other than self-governing dominions, to which the said Act extends: works of U. S. And whereas it is desirable to provide protection within Unpublished the said dominions for the unpublished works of citizens citizens. of the United States of America: Now, therefore, His Majesty, by and with the advice of His Privy Council, and by virtue of the authority conferred upon him by the Copyright Act, 1911, is pleased to order, and it is hereby ordered, as follows: British copyright act, 1911. Literary, dramatic, musical work. 1. The Copyright Act, 1911, including the provisions as to existing works, shall, subject to the provisions of the said Act and of this Order, apply (a) to literary, dramatic, musical and artistic works the and artistic authors whereof were at the time of the making of the works Citizens of the United States of America, in like manner as if the authors had been British Subjects: Residence. Term of copyright. Conditions and formalities. Existing works. dominions not in (b) in respect of residence in the United States of America, in like manner as if such residence had been residence in the parts of His Majesty's dominions to which the said Act extends. Provided that (i) The term of copyright within the parts of His Majesty's dominions to which this Order applies shall not exceed that conferred by the law of the United States of America: (ii) the enjoyment of the rights conferred by this Order shall be subject to the accomplishment of the conditions and formalities prescribed by the law of the United States of America: (iii) in the application to existing works of the provisions of Section 24 of the Copyright Act, 1911, the commencement of this Order shall be substituted for the 26th July, 1910, in subsection 1 (b). Self-governing 2. This Order shall apply to all His Majesty's Domincluded in this ions, Colonies and Possessions, with the exception of those hereinafter named, that is to say: Order. Effective, Jan. 1, 1915. The Dominion of Canada. The Commonwealth of Australia. 3. This Order shall come into operation on the 1st day of January, 1915, which day is in this Order referred to as the commencement of this Order. And the Lords Commissioners of His Majesty's Treasury are to give the necessary Orders accordingly. ALMERIC FITZROY. |