The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-21
INTERNATIONAL coPYRrGHr.
The Treaty between England and France.


Of Great Britain and ireland, and the President Of
the French Republic, being equally DESTROYS Of or.
tending IN each country the Of copyrigh.
to work OF literature AID Of the ns arts, which may
6e hrst published in che other; and her Britannia
Majesty having consented TO extend TO books,
prints, and musical works published in France, that
reduction OF the duties now levied thereon on i'm
psrtatien into the United KingdoA which she is by
law empoweredto grant, under oe rtain ciroumstan
ces, IN favor Of such works published in foreign
countries, her Britanic Majesty and the President
Of the French republic have deemed it expedient TO
conclude special convention for that purpose, aud
have therefore named rs their plenip teGtiaries,
Her Majesty the Queen Of the United Kingdom
of Great Britain and Ireland, Constantine Horny,
MARQUIS Of Normandy, q peer Of tue United King
dom, Knight OF the most nobl. Order Of the Garter,
and Knight Grand Gross Of the most honorable
Order of the Bath, Sc, ambassador ExtraoI binary
and Plenipotentiary 20 the French republic
And the President of the French Requisite, M.
Lewis Folk stephen Iurgst. officer Of the Nation.
al Order of the Legion Of Honor, Knight Of the
Royal Order of San Fernando of Spain. second class,
SO Sc, and Minister for The DEPARTMENT Of Fo-
rsign Affairs;
Who, after having communicated to ,ach ether
their respective full powers, found IN good and due
:orm, have agreed upon ana coasIUded sss follow
Art. /. From and after thu date On which, 40
ocrding to the provisions OF art II, the present
convention shall come into operation, the authors
Of werks Of literature or Of arr TO whom the laws
after give the right Of property, or copyright,
hall be entitled TO exercise that right in the terri
cries of the other Of such countries for the ga ne
ERIN, and TO the same extent, rs the authors of
works OF the same nature, if published in suoh
other country would therein be entitled to exercise
such right; so that the republication piracy in
either country, Of any work of literature of art,
published in the other, shall be dealt with in tho
same manner as the republication piracy Of q
work of the same nature first published in suSh
other country and SO that such authors in the
country shall have the same remedies before the
ccurts OF Justice in the other country, and shall
JOY IN that other country the Same protection
against piracy and unauthorized republication as
the law now does or may hereafter grant to hors
IN that country. The terms works Of literature or
Of art, employed at the be ginning Of this ar sioe
shall be understood to comprise publications Of
books, Of dramatic works, of musical com positions
OF drawing of painting. Of sculpture Of engraving
OF photography, and of any other works Whatsoever
ofiiterature and Of the fne arts. The lawful re-
prese natives or assigns Of authors, translators
composers painters, sculptors, sngravers shall,
In all respects, enjoy the same rights which By the
iators, composers, painters, scuptors sngravers
themselves
Art . The protection granted to original works
is extended to TRANSACTIONS it being, however.
clearly TODD, that the intention OF the present
article simply to protect translator in respect of
his own translation and that it 10 not intended to
confer upon the first transat of any work the ex
elusive right of translssing that work. except in the
case and to the extent proy led for in the following
article.
Art 3 TIE author Of any work published in
either Of the two countries, who may choose to re-
serve the right Of translsting it, SHALL unit. the ex-
pratisn Of i've years from the date of the fest pub
iicstion OF the translation rhereo by n
Dc, "a the following cases, entitled to protection
translation OF such work not SO authorized by him
Sec. l. II the original work shall have been re-
gstered and deposited in the one country within
three months after its first publication in the other
SaA y L kkAs hal ga - .sl~
OF his work his intention 10 reserve the right Of
uanslating it.
SEQ, ;. Provided always, that at least part Of
the authorized translation shall have apps AIRED
within year after the registration and deposit of
the original, and that the whole shall have been
publehsd within three years after the date Of such
deposit.
translation shall take place within one Of tho two
ountries, and that it shall DO registered and de-
posted according to the provisions Of articles.
With regard to works which are published in
parts, it will be sufficient If the declaration of the
author that he reserves the right of translation
hall appear in the hrst part. But with reference |
the period of I've years limited by this article for
he exercise Of the exclusive right Of translation.
aeh part shall be treated as q separate work, and !
soh part shall be registered and deposited in the
ons country within three months after its publca-
ton in the other.
Art. 4. The stipulstions of the preceding articles
shall also be applicable to the representation of
dramatic works, and to the performance Of musical
,om ossions, in 60 far as tbs laws Of each of
The two countries are or shall be applicable
n this respect to dramatic and musical works
drst publicly represented or performed therein.
In order, however, to sntitle the author to le-
gal profession in regard to the translation Of
, dramatic work, such translation must appear
deposit Of the original II Is understood that the
protection stipulated by the present article is not
intended to prohibit fair limitations, or adaptations
Of dramatic works TO the stage in England and
Eean val lint IA mi NJ IN
pireticsl tranalations. The question whether .
wsrk is an imitation or piracy shall in all cases
be decided BY the courts Of justice of the respective
sountries, according to the laws in force in each.
Art. 5. Notwithstanding the stipulations Of arts |
and fthe present convention, articles extract
ed from newspaper or periodicals published in
either OF the two countries, may be rePublshed or
in the newspapers or periodicals. of the
other country, provided the source frem whence
such articles are taken be ackno wledged. Never
Iheless, this permission shall not be construed to
authorize the republication in one Of the two coun
.ries Of articles from newspapers or periodicals
published in the other country, the authors Of which
shall have not fed in q conspicuous manner in the
ournal or periodical in which such articles have /
appeared, that they forbid the republication there
Art 6. The importation into and the sale in
sither Of the two countries Of piratical copies Of
works which are protected from piracy, under arts
|, z Z, and Of the present convention, are proh
lited, whether such piratical copies originate in
he country where the work was published, or in
my other country.
Art. Z. In the event Of an infraction Of the pre-
visions Of the foregoing articles the pirated works
Or articles shall be seized and destroyed; aud the
persons who may have committed such infrac.on
shall be liable in each country to tho penalties and
Q ions which arc or may be prescribed by the laws
ft that country for such Offences committed in re-
spect Of work or production Of home origin.
Art s. Neither authors, transators, nor their
lawful representatives or assgns shall be entitled
in either country TO the protection stipulated by
he AM a0p he ol Al
able in either country, unless the work shall have
been registered in the following, that is to
say
!. If the work be one that has 6rst appeared 10
rance, 1t must be registered 1T the HAN Of the
Company Of StAtiopeTs, in London.
2. II the work be one that has fret appeared in
the dominons Of her Britanic Majesty, |. must be
registered at the Bxye1N de Ia Ltlrdrie Of the Min.
stry Of the Interior, at Paris. No person shall be
entitled to such protection as aforesaid unless he
hall have duly complied with the laws and regua-