BRITISH ORDER IN COUNCIL, extending the Orders in Council of November 28, 1887,* and March 7, 1898,† relating to International Copyright to the Empire of Japan.-Osborne, August 8, 1899.‡ At the Court at Osborne House, Isle of Wight, the 8th day of WHEREAS on the 9th day of September, 1886, a Convention (hereinafter called "the Berne Convention") with respect to the protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the foreign countries following, that is to say : Belgium, Hayti, Switzerland, France, Italy, Germany, Spain, and Tunis ; And whereas on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her Majesty the Queen and the aforesaid countries; And whereas by an Order in Council dated the 28th day of November, 1887, and made under the authority committed to Her * Vol. LXXVIII, page 1015. [1898-99. XCI.] + Vol. XC, page 208. Majesty by the International Copyright Acts, 1844 to 1886, Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty's dominions to the authors of literary and artistic works first produced in any of the said foreign countries (therein referred to as the foreign countries of the Copyright Union), and otherwise giving effect throughout Her Majesty's dominions to the terms of the said Berne Convention; and an English translation of the said Convention was set out in the first Schedule to the Order in Council now in recital; And whereas since the date of the said Order in Council hereinbefore recited, the foreign countries following, namely: Luxembourg, Monaco, Montenegro, and Norway, have acceded to the said Berne Convention, and by Orders in Council, dated respectively the 10th day of August, 1888, the 15th day of October, 1889, the 16th day of May, 1893, and the 1st day of August, 1896, and made under the authority aforesaid, the provisions of the hereinbefore recited Order in Council of the 28th day of November, 1887, have been extended to the last-mentioned foreign countries respectively; and the lastmentioned foreign countries together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council; And whereas an Additional Act* to the said Berne Convention was agreed upon between Her Majesty and the following foreign countries for the purpose of varying the provisions of the said Berne Convention, namely: Germany, Italy, Switzerland, Belgium, Luxembourg, Spain, Monaco, Tunis, France, and Montenegro, and the ratifications of the said Additional Act were on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries; And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the hereinbefore recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said Additional Act throughout Her Majesty's dominions so far as regards the foreign countries hereinbefore named as parties to the said Additional Act; and an English translation of the said Additional Act is set forth in the Schedule to the Order in Council now in recital; And whereas the Republic of Hayti having duly acceded to the said Additional Act, the said Order in Council of the 7th day of March, 1898, was by Order in Council of the 19th day of May, 1898, extended to the said Republic; *May 4, 1896. Vol. LXXXVIII, page 36. And whereas it has been intimated to Her Majesty's Government that the Government of the Empire of Japan have notified the accession of that country to the said Berne Convention and Additional Act to take effect from the 15th day of July, 1899; And whereas Her Majesty in Council is satisfied that the said Empire of Japan has 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 said Acts, doth order, and it is hereby ordered, as follows: 1. From and after the commencement of this Order the hereinbefore recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall extend to the said Empire of Japan. 2. This Order shall come into operation on the 15th day of July, 1899, which date is hereinbefore referred to as the commencement of this Order. 3. And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly. A. W. FITZROY. BRITISH ORDER IN COUNCIL, revoking the Order in Council of May 16, 1893,* and terminating the operation of the Orders in Council of November 28, 1887,† and March 7, 1898, applying the International Copyright Acts to the Principality of Montenegro.-Osborne, August 8, 1899.§ At the Court at Osborne House, Isle of Wight, the 8th day of August, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord Chancellor. Lord President. Lord James of Hereford. Sir Fleetwood Edwards. WHEREAS on the 9th day of September, 1886, a Convention|| (hereinafter called the Berne Convention) with respect to the * Vol. LXXXV, page 1255. + Vol. LXXVIII, page 1015. Vol. XC, page 208. § "London Gazette," August 11, 1899. || Vol. LXXVII, page 22. protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and certain foreign countries therein named, and on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her Majesty and the said countries; And whereas by an Order in Council dated the 28th day of November, 1887, and made under the authority committed to Her Majesty by the International Copyright Acts, 1844 to 1886, Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty's dominions to the authors of literary and artistic works first produced in any of the said foreign countries, and otherwise giving effect throughout Her Majesty's dominions to the terms of the said Berne Convention; and an English translation of the said Convention was set out in the First Schedule to the Order in Council now in recital; And whereas since the date of the said Order in Council hereinbefore-recited the Principality of Montenegro acceded to the said Berne Convention,* and by an Order in Council dated the 16th day of May, 1893,† the provisions of the said Order in Council of the 28th day of November, 1887, were extended to the said Principality; And whereas an Additional Act‡ to the said Berne Convention was agreed upon between Her Majesty and certain foreign countries (including Montenegro) for the purposes 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 Majesty and the said foreign countries parties thereto; And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the herein before-recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said Additional Act throughout Her Majesty's dominions so far as regards the foreign countries parties thereto (including Montenegro); and an English translation of the said Additional Act is set forth in the Schedule to the Order in Council now in recital; And whereas by the said Berne Convention and the said Additional Act it is provided that the said Convention shall remain in effect until the termination of a year from the day on which it may have been denounced, and that such denunciation shall be made to the Government of the Swiss Confederation, and shall only be effective as regards the country making it, the said Convention * Vol. LXXXV, page 60. + Vol. LXXXV, page 1255. May 4, 1896. Vol. LXXXVIII, page 36. remaining in full force and effect for the other countries parties thereto; And whereas Her Majesty's Government have been informed that the Government of Montenegro did on the 1st day of April, 1899, denounce the said Berne Convention to the Government of the Swiss Confederation in accordance with the terms of the said Convention and Additional Act: 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 herein before-recited Order in Council of the 16th day of May, 1393, is hereby revoked as from the commencement of this Order; and the provisions of the hereinbefore-recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall, as from the commencement of this Order, cease to apply to the Principality of Montenegro. 2. Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of the said Orders in Council of the 28th day of November, 1887, the 16th day of May, 1893, and the 7th day of March, 1898, 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. 3. This Order shall come into operation on the 1st day of April, 1900, which date is herein before 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. A. W. FITZROY. * Page 69. |