ESPAGNE, GRANDE-BRETAGNE
Convention littéraire suivie d'une Déclaration; signée à
Londres, le 11 août 1880*).
ParL Papêr [2744] i881.
Texte anglais.
Her Majesty the Qneen of the United Kingdom of Great Britain and Ireland, the Bight Hononrable Granville George Earl Granville, Lord Leveson, a Peer of the United Kingdom, Knight of the Most Noble Order of the Garter, a Member of Her Majesty's Privy Council, Lord Warden of the Cinque Ports and Constable of Dover Castle, Chancellor of the University of London, Her Majesty*s Principal Secretary of State for Foreign AfPairs ;
And Uis Ma.iesty the King of Spain, Don Manuel Rancés y Villanneya, Marquis of Casa-Laiglesia, a Senator of the Kingdom, Knight Grand Cross of the Royal and Distingoisbed Order of Charles III , and Knight of the First Class of the Civil Order of Beneficence of Spain ; Knight Grand Cross of the Papal Order of Gregory the Great; Knight of the First Class of the Royal Order of the Red Ëagle of Prussia; Knight Grand Cross of the Royal Orders of the Crown of Italy, of Frederick of Wflrtemberjç, and of Albert the Valorous of Saxony; of the Grand Dacal Orders of Philip the Magnanimous of Hesse-Darmstadt ; of the White Hawk of Saxe-Weimar, of the Crown of Yandalia of Mecklenburg Schwerin , and of the Ducal Order of Adolphus of Nassau; Knight Grand Cross of the Lion and the Sun of Persia, &c., His Envoy Extraordinary and Minister Pienipotentiary to Her Majesty the Qoeen of the United Kingdom of Great Britain and Ireland ;
Who, afber having communicated to each other their respective full powers, found in good and due form, hâve agreed upon and concluded the folio wing Articles: —
Art. I. From and after the date on which, according to the provisions of Article XIII, the présent Convention shall come into opération, the anthors of Works of literature or of art, to whom the laws of either of the two countries do now or may hereafter give the right of property, or
*) En anglais et en espagnoL Les ratifications ont été échangées à Londres, le 18 septembre 1880.
**) Y. HerUlet, Complète collection of the Treaties etc. between Great Britain and foreign powers, X. 981.
Candention littéraire. 689
Tbe terme ''works of literature or of art," employed at the beginning of this Article, shall be understood to comprise publications of books, of dramatic works, of musical compositions, of drawing, of painting, of sculp* ture, of engraying, of litograpby, and of any other works whatsoever of literature and of the fine arts.
The lawful représentatives or assigns of authors, translators, composers, painters , sculptors, or engravers, shall, in ail respects, enjoy the same rights which by the présent Convention are granted to tbe authors, translators, composers, painters, sculptors, or engravers themselves.
Art. II. The protection granted to original works is extended to translations-, it being, bowever, clearly understood that the intention of the présent Article is simply to protect a translater in respect of bis own translation, and that it is not intended to confer npon tbe first translater of aoy work the exclusive right of translating that work, except in the case and to the extent provided for in the following Article.
Art. m. The autbor of any work publisbed in either of the two countries, who may choose to reserve tbe right of translating it, shall, until the expiration of ûve years from the date of tbe first publication of the translation thereof autborized by bim , be , in tbe following cases, entitled to protection from the publication in the other country of any translation of snch work not so autborized by bim: —
1. If the original work shall bave been registered and deposited in the one country within three months after its first publication in the other ;
2. If tbe autbor bas notified on the titlepage of bis work bis intention to reserve the right of translating it;
8. Provided always, that at least a part of the autborized translation shall bave appeared within a year after the registration and deposit of the original, and that tbe whole shall bave been publisbed within three years after the date of such deposit;
4. And provided that the publication of the translation shall take place within one of the two countries, and that it shall be registered and deposited according to the provisions of Article VIII.
With regard to works which are publisbed in parts, it will be suffident if tbe déclaration of the autbor that be reserves the right of translation shall appear in the first part. But with référence to the period
690 Orande-* Bretagne, Espagne.
of five jears limited hy this Article for the exercise of the ezolusive right of translation, each part shall be treated as a separate work, and eadi part shall be registered and deposited in the one coontry within three months after its first publication in the other.
Art. IV. The stipulations of the preceding Articles shall also be applicable to the représentation of dramatic works, and to the performance of musical compositions, in so far as the laws of each of the two countriee are or shall be applicable in this respect to dramatic and musical works first publicly représentée! or performed therein.
In order, however, to entitle the author to légal protection in regard to the translation of a dramatic work, such translation must appear within three months after the registration and deposit of the original.
It is understood that the protection stipnlated by the présent Article is not intended to prohibit fair imitations or adaptions of dramatic works to the stage in England and Spain respectively , but is only meant to prevent piratical translations.
The question whether a work is an imitation or a piracy shall in ail cases be decided by the courts of justice of the respective conntries, according to the laws in force in each.
Art. y. Notwithstanding the stipulations of Articles I and II of the présent Convention, articles extracted from newspapers or periodicals published in either of the two countries may be re-published or translated in the newspapers or periodicals of the other country, provided the source from whence such articles are taken be acknowledged.
Nevertheless , this permission shall not be construed to anthorize the re-publication in one of the two countries of articles other than tbose of political discussion, from newspapers or periodicals published in the other country, the authors of which shall hâve notified in a conspicuous manner in the journal or periodical in which such articles hâve appeared, that they forbid the re-publication thereof.
Art. VI. The importation into and the sale in either of the two countries of piratical copies of works which are protected from piracy under Articles I, II, III, and V of the présent Convention, are prohibited, whether such piratical copies originate in the country where the work was published, or in any other country.
Art. VII. In the event of an infraction of the provisions of the foregoing Articles, the pirated works or articles shall be seised and destroyed ; and the persons who may hâve committed such infraction shall be liable in each country to the penalties and actions which are or may be prescribed by the laws of that country for such offences committed in respect of a work or production of home origin.
Art. VIII. Neither authors, nor translators, nor their lawful B«{»rBsentatives or assigns, shall be entitled in either country to the protection stipulated by the preceding Articles, nor shall copyri^t be claimable in either country, unless the work shall hâve been registered in the manner following, that is to aay: —
Convention littéraire. 691
1. If the work be one that has first appeared in Spain, it mnfit be regifltered at tbe Hall of tbe Company of Statîoners in London ;
2. If the work be one that bas first appeared in the dominions of Her Britannic Majestj, it must be registered at the Ministry of Public Works (Miniftero de FomerUo) at Madrid.
No person shall be entitled to snch protection as aforesaid, unless he shall bave dnly complied with the laws and regalations of the respective coontriee in regard to the work in respect of which snch protection may be claimed. With regard to books, maps, and prints, and also with regard to dramatic Works and musical compositions (unless such dramatic works and musical compositions shall be in manusoript only), no person shall be entitled to snch protection unless he shall bave delivered gratuitously, at one or other of the places mentioned above, as the case may be, one copy of the best édition, or in the best state, in order to its being deposited at the place appointed for that purpose in each of the two countries: that ia to say , in Great Britain , at the British Muséum at London ; and in Spain, at the National Library at Madrid.
In every case, the formality of deposit and registration must be fuifilled within three months after the first publication of the work in the other country. With regard to works published in parts, each part shall be treated as a separate work.
A certified copy of the entry in the Register Book of the Company of Stationers in London shall confer, within the British dominions, the exclusive right of re-publication, until a better right shall bave been establisbed by any other party before a Court of Justice.
The certificate given under the laws of Spain, proving the registration of any work in that country, shall be valid for the same purpose throughont the territories of His Catholic Majesty.
A certificate or certified copy of the registration of any work so registered in either country shall , if required , be delivered at the time of registration ; and such certificate shall state the exact date at which the registration was made.
The charge for the registration of a single work, under the stipulations of this Article , shall not exceed one shilling in England , nor five riais vellon in Spain ; and the further charge for a certificate of such registration shall not exceed the sum of five shillings in England, nor twenty-five riais vellon in Spain.
The provisions of this Article shall not extend to articles which may appear in news-papers or periodicals , which shall be protected from republication or translaiioii timply by a notice from tkè anthor, as prescribed by Article V. But if any article or work which has originally appeared in A newspaper or periodical shall afterwards be published in a separate fbrm, it shall then become snbject to the stipulations of the présent Article.
Art. IX. With regard to any article other than books, prints, maps, and musical publications, in respect to which protection may be claimable under Article I of tbe présent Convention , it h agretd , that any other mode of registration than that prescribed in the pteceding Article, which
692 Eipagne, Grande-Bretagne.
Art. XL The stiptdations of the Convention shall in no way affeci the right which each of the two High Contracting Parties expressly réserves to itself , of controlling or of prohibiting, by measnres of législation or of internai police, the sale, circolation, représentation, or exhibition of any work or prodaction in regard to which either ooanlry may deem it expédient to exercise that right
Art. Xni. The présent Convention shall come into opération as soon as possible afber the exchange of the ratifications. Due notice shall be given beforehand in each coantry by the Oovemment of that coontiy of the day which may be fixed npou for its coming into opération.
The Convention shall continae in force from the day on which it may come into opération ontil tbe new Convention, mentioned in the preamble of the présent Convention, bas come into opération. Either Party shall, however, be at liberty to terminate the présent temporary Convention by giving to the other Party six months* notice of its intention to do so.
The High Contracting Parties reserve to themselves the power of making by common consent, in this Convention, any modifications which may net be inconsistent with its spirit and principles, and which expérience of its working may show to be désirable.
Art. XIV. The présent Convention shall be ratified, and the ratifications shall be exchanged at London as soon as possible.
In witness whereof the respective Plenipotentiaries bave signed the same in duplicate, and bave affixed thereto the seal of their arms.
Done at London, the eleventh day of Angnst, in the year of onr Lord one thonsand eight hundred and eighty.
Gfrarmlle, Marquée dé Coêa
Déclaration.
The Undersigned Plenipotentiaries of Her Majesty the Qneen of the United Eingdom of Oreat Britain and Ireland, and of His Majesty the King of Spain, authorized for this purpose by their respective Sovereigns, déclare, for the purpose of facilitating the Customs service in the exécution of a part of the Convention for the protection of Uteraxy propertj
Orande - Bretagne , PortugaL 693
wldch they hâve this day signed, that, in order io make the origin of Works published in jdither of the two countries évident, there shall appear in their title-page the citj or place of their publication.
In witness whereof the respective Plenipotentiaries hâve signed, in daplicate, the présent Déclaration, which shall hâve the same validity as if it had been inserted in the body of the Convention itself, and hâve affixed thereto the seal of their arms.
Donc at London, the eleventh day of Augnst, one thonsand eight hondred and eîghty.
CfranoiUe, Marquée dé Coêa LcigUna.
GRANDE-BRETAGNE, PORTUGAL
Convention additionnelle au Traité de commerce et de navigation du 3 juillet 1842^); signée à Lisbonne, le 22
mai 1882**).
Pari Paper [325S] 18ê2.
Texte anglais.
Her Majesty the Qaeen of the United Kingdom of Oreat Britain and Ireland, and His Majesty the Eing of Portugal and the Algarves, being equally animated with the désire to draw doser the ties of friendship which unité the two countries, and to place on a more satisfactory footing the commercial relations between the two States, hâve, with thèse objecte, determined to conclude a Convention supplementary to the Treaty signed at Lisbon on the 3rd July, 1842, and hâve accordingly appointed their respective Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Oreat Britain and Ireland, Sir Charles Lennox Wyke, Enight Orand Cross of the Most Distinguished Order of Saint Michael and Saint Oeorge, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty*s Envoy Extraordinary and Minister Plenipotentiary at the Court of His Most Faithfol Majesty, àc, &.;
And His Majesty the King of Portugal and the Algarves, Senhor Antonio de Serpa Pimentel, Councillor of State, Peer of the Realm, Minister and Secretary of State for Foreign Affaires, Grand Cross of the Royal and Distingnished Order of Charles III of Spain , and of the Order of Saints Maurice and Lazarus of Italy, &c, &c ;
Who, after having commnnicated to each other their respective full powers, found in good and due form, hâve agreed upon and condnded the foUowing Articles: —
*) V. N. R. 0. ni. 827.
**) En anglais et en portugais. Le« ratifications ont été échangées k Lisbonne, le 22 jnin 1882.
694 Danemark, Grande -^Bretagne.
Art. I. The High Contracting Parties agrée to extend immediaMy and unconditionally to each other in the United Kingdom of Oreat Britain and Ireland, and in Portugal and its dominions, respectÎToly , the benefit of ail advantages, rights, favours, immunities, and exemptions, and ail pri* vileges or réductions of Tarif in regard to the importation or exportation of roerchandize which bave been or may be conceded by one of the High Contracting Parties to any other foreign nation whatsoever.
Nevertheless , Portugcil reserves the right of conceding spécial advantages to Brazil only, which Great Britain will not be entitled to claim on the ground of the most-favoured-nation treatment.
Art. IL With respect to the » décima industrial« tax, or its équivalent the »contribuiçào industrial,< British subjects in Portugal shall, as regards the asi^essroent and pajment of this tax , be placed on the footing of the Portuguese subjects, or the subjects of any other country the most favoured in thèse respecte.
Art. III. The présent Convention shall be ratified, and the ratifications exchanged at Lisbon as soon as possible.
It sball come into force immediately affcer the exchange of the ratifications, and shall, together with the Treaty of the 3rd July, 1842, exœpt in so far as the latter is modified hereby, remain in force for ten years. In case neither of the two High Contracting Parties shall hâve given notice, twelve months before the expiration of the said period of ten years, oftheir intention to terminât e the Treaty of the 8rd July, 1842, and the présent Convention, they shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall bave given such notice.
In witness whereof the respective Plenîpotentiaries hâve signed the présent Convention, and bave affîxed thereto the seal of their arme.
Done at Lisbon, the twenty-second day of May, in the year of our Lord one thousand eigbt hundred and eighty-two.
Charles Lennox Wyke. Antonio de Serpa Pimentd,
