Taking into consideration that by Article 19 of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have resolved to conclude the following Convention, and for that purpose have appointed their Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His Majesty's Principal Secretary of State for Foreign Affairs, His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, Count Albert MensdorffPouilly-Dietrichstein, His Privy Councillor and Chamberlain, His Ambassador Extraordinary and Plenipotentiary to His Britannic Majesty ; Who after communicating to each other their respective full powers, found in good and due form, have agreed upon. the following Articles: ART. 1. Differences which may arise of a legal nature, or relating to the interpretation of Treaties existing between the High Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899: provided, nevertheless, that they do not affect the vital interests, the independence, or the honour of the High Contracting Parties, and do not concern the interests of other Powers. 2. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. 3. The present Convention shall be ratified, and the ratifications shall be exchanged as soon as possible at London. It shall remain in force for five years from the first of June, 1910. Unless notice be given six months before the expiration of that term, it shall remain in force for other five years. The same provision will be applied in each case of expiration of a further quinquennial period. In witness whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals. Done in duplicate at London, the 16th July, 1910. (L.S.) E. GREY. BRITISH ORDER IN COUNCIL applying the Copyright Act, 1911, to Austria-Hungary. London, June 24, 1912.* At the Court at Buckingham Palace, the 24th day of June, 1912. PRESENT THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS on the 24th day of April, 1893, a Convention,† set out in the First Schedule to this Order, with respect to the protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her late Majesty Queen Victoria and His Majesty the Emperor of Austria, King of Bohemia and Apostolic King of Hungary, and the ratifications of the said Convention were exchanged on the 14th day of April, 1894, between Her late Majesty Queen Victoria and His Majesty the Emperor: And whereas by the Orders in Council mentioned in the Second Schedule to this Order and made under the authority of the International Copyright Acts, 1844 to 1886, effect was given to the said Convention throughout His Majesty's dominions except in the Dominion of Canada, the Cape, New South Wales and Tasmania : And whereas by the Copyright Act, 1911, the said International Copyright Acts, 1844 to 1886, are repealed, as from the date of 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 self-governing dominions, to which the said Act extends: And whereas it is expedient to continue the protection granted by the Orders in Council mentioned in the Second Schedule to this Order: * "London Gazette," June 28, 1912. + See Vol. 19, page 104. 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.) 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 the Austro-Hungarian Monarchy 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 work subjects of the Austro-Hungarian Monarchy in like manner as if the authors had been British subjects; (c) In respect of residence in the Austro-Hungarian Monarchy 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 Austro-Hungarian Monarchy; (ii.) 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 literary or dramatic work the right after the expiration of 10 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 English translation of the work shall be conditional upon the publication before the expiration of the abovementioned period of an authorized English translation of the work or of each number of the work; (b) In the case of any work first published in the AustroHungarian Monarchy the entire rights conferred by the Copyright Act, 1911, shall be conditional upon the accomplishment of the conditions and formalities prescribed by law in that part of the Monarchy in which the work was first published. (2) In the case of any musical work to which this Order applies and which has been published before the commencement of the Copyright Act, 1911, copyright in the work shall include all rights conferred by the said Act with respect to VOL. XXVI. C the making of records, perforated rolls, and other contrivances by means of which the work may be mechanically performed. (3) This Order shall apply to all His Majesty's dominions, colonies, and possessions, excepting to those hereinafter mentioned; that is to say, except to : The Dominion of Canada, The Commonwealth of Australia, (4) The Orders mentioned in the Second Schedule to this Order are hereby revoked as from the date of the commencement of the Copyright Act, 1911, 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. (5) This Order shall be construed as if it formed part of the Copyright Act, 1911. (6) This Order shall come into operation in the United Kingdom on the first 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. Convention. Convention for securing the rights of authors, or their legal representatives, over their literary or artistic works; made on the 24th day of April, 1893, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of Austria, King of Bohemia, and Apostolic King of Hungary. [See Vol. 19, page 104.] SECOND SCHEDULE. Orders in Council, of the dates named below, for securing the privileges of copyright in His Majesty's Dominions to authors of literary and artistic works first produced in the Austro-Hungarian Monarchy, namely: April 30th, 1894.* * See Vol. 19, page 109. † See Vol. 20, page 177. See Vol. 20, page 178. BADEN. ACCESSION of Baden* to the Declaration signed at St. Petersburg, December 11, 1868, renouncing the Use, in time of War, of Explosive Projectiles under 400 Grammes Weight. January 11, 1869. Prince Gortchacow to Sir A. Buchanan. St. Pétersbourg, le 3 janvier, 1869. MONSIEUR L'AMBASSADEUR, PAR sa note du 30 décembre, 1988 11 janvier. ولا ci-jointe en copie, Monsieur le Prince de Reuss vient de m'informer qu'il est autorisé par son Gouvernement à accéder au nom du Grand-Duché de Bade, en vertu de pleins-pouvoirs spéciaux, aux conclusions de la Commission militaire internationale qui avait été réunie à St. Pétersbourg et qui se trouvent consignées dans la déclaration signée le 11 décembre par les Représentants Diplomatiques. 29 novembre En me fesant un devoir de Vous annoncer cette nouvelle accession, je prie Votre Excellence, de recevoir l'assurance de ma haute considération. GORTCHACOW. Inclosure. Copie d'une note addressée par Monsieur le Prince de Reuss au Prince Gortchacow en date de St. Pétersbourg, le 80 dicembre, 1868 No. 2766. 11 janvier, 99 LE Gouvernement du Grand Duché de Bade, n'ayant pas été à même de participer suivant l'invitation du Gouvernement Impérial de Russie aux délibérations de la Commission militaire internationale, réunie à St. Pétersbourg dans le but d'interdire l'usage de certains projectiles explosifs en temps de guerre, vient de prier le Gouvernement du Roi de charger son Représentant auprès de la Cour de St. Pétersbourg d'accéder Comprised within the German Empire, April 16, 1871. + See Vol. 13, p. 79. |