And whereas an Additional Act to the said Berne Convention (hereinafter called the "Additional Act"), set out in the Third Schedule to this Order, was agreed upon between Her late Majesty Queen Victoria and the foreign countries following, namely, Belgium, France, Germany, Italy, Luxemburg, Monaco, Montenegro, Spain, Switzerland, and Tunis, for the purpose of varying the provisions of the said Berne Convention, and the ratifications of the said Additional Act were, on the 9th day of September, 1897,* exchanged between Her late Majesty Queen Victoria and the aforesaid countries;

And whereas subsequently the Republic of Hayti acceded to the said Additional Act, and the foreign countries following, namely, Denmark and the Faroe Islands, the German Proctorates, Japan and Liberia, acceded to the said Berne Convention and the said Additional Act, and the Principality of Montenegro duly denounced the said Berne Convention and the said Additional Act;

And whereas by the Orders in Council mentioned in the Fifth Schedule to this Order and made under the authority of the International Copyright Acts, 1844 to 1886, effect is now given throughout His Majesty's dominions to the said Berne Convention and the said Additional Act;

And whereas a Convention (hereinafter called the "Berlin Convention") set out in the First Schedule to this Order was on the 13th day of November, 1908, agreed upon between His late Majesty King Edward VII and the foreign countries following, namely, Belgium, Denmark, France, Germany, Italy, Japan, Liberia, Luxemburg, Monaco, Norway, Spain, Sweden, Switzerland and Tunis, for the purpose of replacing the said Berne Convention and the said Additional Act;

And whereas it is provided by the said Berlin Convention that the Contracting States may make reservations by declaring at the exchange of ratifications that they desire to remain bound, as regards any specific point, by the provisions of the said Berne Convention and the said Additional Act, and it is further provided by the said Berlin Convention that the said Berne Convention and the said Additional Act shall remain in force in regard to relations with Contracting States which do not ratify the said Beriln Convention;

And whereas the said Berlin Convention was ratified by His Majesty on the 14th day of June, 1912, subject to the reservation mention in Part 1 of the Fourth Schedule to this Order;

And whereas the said Berlin Convention has also been ratified by the foreign countries following, namely, Belgium, France, Germany, Hayti, Japan, Liberia, Luxemburg, Monaco, Norway, Spain, Switzerland and Tunis, subject to the reservations mentioned in Part II of the Fourth Schedule to this Order;

And whereas the Republic of Portugal has acceded to the said Berlin Convention;

* Vol. LXXXVIII, page 40.

† Vol. CII, page 619.

And whereas by "The Copyright Act, 1911," the aforesaid International Copyright Acts, 1844 to 1886, are repealed, as from the commencement of the said Copyright Act, 1911, in the parts of His Majesty's dominions to which the said Act extends;

And whereas by the said Copyright Act, 1911, authority is conferred upon His Majesty to extend by Order in Council the protection of the said Act to certain classes of foreign works within any part of His Majesty's dominions, other than selfgoverning dominions, to which the said Act extends;

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:

1. This Order shall extend to the foreign countries following, namely, Belgium, Denmark and the Faroe Islands, France, Germany and the German Protectorates, Hayti, Italy, Japan, Liberia, Luxemburg, Monaco, Norway, Portugal, Spain, Sweden, Switzerland, and Tunis. And the above countries are in this Order referred to as the foreign countries of the Copyright Union.

2. "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 works first published in a foreign country of the Copyright Union, in like manner as if they had been first published within the parts of His Majesty's dominions to which the said Act extends;

(b.) To literary, dramatic, musical, and artistic works, the authors whereof were at the time of the making of the works subjects or citizens of a foreign country of the Copyright Union, in like manner as if the authors had been British subjects;

(c.) In respect of residence in a foreign country of the Copyright Union, 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.) Sections 1 (2) (d) and 19 of "The Copyright Act, 1911," and such other part or parts thereof as confer upon the owner of the copyright in a literary, dramatic, or musical work the exclusive right of making any record, perforated roll, cinematograph film, or other contrivance by means of which the work may be mechanically performed, and such other part or parts thereof as confer copyright in any record or perforated roll shall not apply in the case of any work of which the country of origin is Denmark, Italy, or Sweden.

(ii.) 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 country of origin of the work.

(iii.) The enjoyment of the rights conferred by "The Copyright Act, 1911," shall be subject to the accomplishment of the following conditions and formalities, that is to say:

(a.) In the case of any newspaper article (not being a serial story or tale) of which the country of origin is one of the foreign countries following, namely, Belgium, France, Germany and the German Protectorates, Hayti, Liberia, Luxemburg, Monaco, Portugal, Spain, Switzerland, and Tunis, the right to prevent the reproduction of such article (either in the original language or in a translation) in another newspaper with an indication of the source shall be conditional upon reproduction being forbidden by express declaration in some conspicuous part of the newspaper in which the article is published.

(b.) In the case of any newspaper or magazine article (not being a serial story or tale) of which the country of origin is Denmark, Italy, Norway, or Sweden, the right to prevent the reproduction of such article (either in the original language or in a translation) with an indication of the source shall be conditional upon reproduction being forbidden by express declaration in some conspicuous part of newspaper or magazine in which the article is published.

(c.) In the case of any literary or dramatic work of which the country of origin is Denmark, Italy, Japan, or Sweden, the right after the expiration of ten years from the end of the year in which the work, or in the case of a book published in numbers each number of the work was first published, to prevent the production, reproduction, performance in public or publication of any translation of the work shall be conditional upon the publication before the expiration of the above-mentioned period and within the parts of His Majesty's dominions to which this Order applies or within any foreign country of the Copyright Union of an authorized translation in the language for which protection is claimed of the work or of each number of the work.

(d.) In the case of any published musical work of which the country of origin is Denmark, Italy, Japan, or Sweden, the right to prevent performance in public shall be conditional upon performance in public being forbidden by an express declaration on the title page or commencement of the work.

(e.) In the case of any work of which the country of origin is Denmark, Italy, or Sweden, the entire rights conferred by "The Copyright Act, 1911," shall be conditional upon the accomplishment of the conditions and formalities prescribed by law in the country of origin.

(iv.) Nothing in the provisions of "The Copyright Act, 1911," as applied to existing works, shall be construed as reviving any right of preventing the production or importation of any translation in any case where the right has ceased by virtue of section 5 of "The International Copyright Act, 1886."

3. Subject to the provisions of Article 2, proviso (i), of this Order, where any musical work to which this Order applies has been published before the commencement of "The Copyright Act, 1911," but no contrivances by means of which the work may be mechanically performed have before the commencement

of this Order been lawfully made, or placed on sale, within the parts of His Majesty's dominions to which this Order applies, copyright in the work shall include all rights conferred by the said Act with respect to the making of records, perforated rolls, and other contrivances by means of which the work may be mechanically performed.

4. In this Order the expression "the country of origin" as applied to a work has the same meaning as in the third paragraph of Article 4 of the Berlin Convention.

5.—(«.) This Order shall apply to all his Majesty's dominions, colonies, and possessions, excepting to those hereinafter named, that is to say, except to the

Dominion of Canada,

The Commonwealth of Australia,
The Dominion of New Zealand,
The Union of South Africa,
Newfoundland.

(b.) This order shall also apply to Cyprus, and to the following territories under His Majesty's protection, that is to say, the Bechuanaland Protectorate, East Africa Protectorate, Gambia Protectorate, Gilbert and Ellice Islands Protectorate, Northern Nigeria Protectorate, Northern Territories of the Gold Coast, Nyasaland Protectorate, Northern Rhodesia, Southern Rhodesia, Sierra Leone Protectorate, Somaliland Protectorate, Southern Nigeria Protectorate, Solomon Islands Protectorate, Swaziland, Uganda Protectorate, and Wei-hai Wei.

6. The Orders mentioned in the Fifth Schedule to this Order are hereby revoked, as from the date of the commencement of this Order, so far as regards the parts of His Majesty's dominions to which this Order applies:

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.

7. This Order shall be construed as if it formed part of "The Copyright Act, 1911."

8. This Order shall come into operation in the United Kingdom on the 1st day of July, 1912, and in any other part of His Majesty's dominions to which this Order applies, on the day on which "The Copyright Act, 1911," comes into operation in such part; 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.

FIRST SCHEDULE.

Berlin Convention.

Convention for the purpose of revising the Convention of Berne of the 9th September, 1886,* the Additional Article and the Final Protocol attached to the same Convention, and the Additional Act and the Interpretative Declaration of Paris of the 4th May, 1896 ;† made on the 13th day of November, 1908; between His Majesty the King of the United Kingdom of Great Britain and Ireland, Emperor of India; His Majesty the German Emperor, King of Prussia; His Majesty the King of the Belgians; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the Republic of Liberia; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; His Serene Highness the Prince of Monaco; His Majesty the king of Norway; His Majesty the King of Sweden; the Federal Council of the Swiss Confederation; His Highness the Bey of Tunis.

[The following is an English translation of the Convention, with the omission of the formal beginning and end.]

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

II. The expression "literary and artistic works" shall include any production in the literary, scientific, or artistic domain, whatever may be the mode or form of its reproduction, such as books, pamphlets, and other writings; dramatic or dramatico-musical works, choreographic works and entertainments in dumb show, the acting form of which is fixed in writing or otherwise; musical compositions, with or without words; works of drawing, painting, architecture, sculpture, engraving, and lithography; illustrations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture, or science.

Translations, adaptations, arrangements of music, and other reproductions in an altered form of a literary or artistic work, as well as collections of different works, shall be protected as original works without prejudice to the rights of the author of the original work.

The contracting countries shall be bound to make provision for the protection of the above-mentioned works.

Works of art applied to industrial purposes shall be protected so far as the domestic legislation of each country allows.

III. The present Convention shall apply to photographic works and to works produced by a process analogous to photography. The contracting countries shall be bound to make provision for their protection.

IV. Authors who are subjects or citizens of any of the countries of the Union shall enjoy in countries other than the country of origin of the work, for their works, whether unpublished or first published in a country of the Union, the rights which the respective laws do now or may hereafter grant to natives as well as the rights specially granted by the present Convention.

The enjoyment and the exercise of these rights shall not be subject to

* Vol. LXXVII, page 22. For English translation, see Second Schedule, page 143.

+ Vol. LXXXVIII, page 36. For English translation, see Third Schedule, page 148.

For full French text, see Vol. CII, page 619.