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Anglo-Spanish Copyright Treaty , Madrid (1857)
Source: Archivo Histórico Nacional; ESTADO 8464. Exp. 47
Citation:
Anglo-Spanish Copyright Treaty , Madrid (1857), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
33 translated pages
Chapter 1 Page 1
N. 141
With England
on literary and artistic works
signed on July 7, 1857
ratified on August 20, 1857
Chapter 1 Page 2
N. 140
3
Ratification
Chapter 1 Page 3
N. 140
1
Plenipotentia
Chapter 1 Page 4
Queen Isabella II
by the Grace of God and the Constitution of the Spanish Monarchy,
Queen of the Spains
Whereas I have deem convenient for the promotion of sciences,
literature and the arts for a Convention between Spain
and the Great Britain to be arranged in order
to secure the property right that belongs to the the authors of scientific,
literary and artistic works; being necessary that to that effect to authorise [...]
PLENIPOTENTIA
I hereby duly authorise Mr Pedro José Pidal, Marquis of de Pidal,
Knight of the Grand Cross of the Royal and distinguished Order
of Charlos III, and of the San Fernando and Merit of Naples,
[...]
Madrid 28 April 1857
Chapter 1 Page 5
MINISTRY Our Lady
OF
FOREIGN
AFFAIRS
Chancery
For the signature of Your Majesty...... The Plenipotentia in favour of
your First Secretary
of the State to arrange
a Convention on literary
property between Spain and
Great Britain
May Your Majesty sign it here______________ I, the Queen
Chapter 1 Page 6
Victoria, by the Grace of God, Queen of the United Kingdom
of Great Britain and Ireland, Defender of the Faith, etc, etc, etc.
To All and Singular to whom these Presents shall come, Greeting!
Whereas a Convention between Us and Our Good Sister The
Queen of Spain, was concluded and signed at Madrid on the
seventh day of July, ultimo, by the Plenipotentiaries of Us and of
Our said Good Sister, duly and respectively authorized for that
purpose; which Convention is, word for word, as follows:-
Her Majesty The Queen of
The United Kingdom of Great
Britain and Ireland, and Her
Majesty The Queen of Spain,
being equally desirous of
extending in each Country the
enjoyment of Copyright to Works
of Literature and of the fine
arts which may be first
published in the other; Her
Britannic Majesty and Her
Catholic Majesty have deemed
it
Chapter 1 Page 7
it expedient to conclude a
especial Convention for that
purpose, and have therefore
named as their Plenipotentiaries,
that is to say:-
Her majesty The Queen of
the United Kingdom of Great
Britain and Ireland etc.etc.etc
The right Honourable John
Hobart Caradoc, Lord Howden
of Grimeston, a Peer of Great
Britain and Ireland and a
Peer of Ireland, a major-
General in the Army, Knight
Commander of the most
Honourable Order of the Bath
of England, Knight Grand-
Cross of the most distinguished
Order of Charles the Third, and
Knight of the military order
of St Ferdinando of Spain,
commander of the Legion of
honour
Chapter 1 Page 8
Honour of France, of Leopold
of Belgium, of St Anna of
Russia, of the Redeemer of
Greece, and Knight of the
Guelphic Order of Hanover,
Her Britannic Majesty’s
Envoy Extraordinary and
Minister Plenipotentiary at
the Court of Her Catholic
majesty; etc.etc;
And Her Majesty The
Queen of Spain, etc.etc.etc
Don Pedro Jose Pidal, Marques
Of Pidal, Knight Grand Cross
of the Royal and distinguished
order of Charles the Third, of
that of St Ferdinand and of
merit of the Two Sicilies, of the
Pontifical Order of Pius the
Ninth, of that of the Lion of
the Netherlands, of those of
Christ and of the Conception of
Villaviciosa
Chapter 1 Page 9
Villaviciosa of Portugal, of
that of Leopold of Belgium,
of that of St Maurice and
St Lazarus of Sardinia, of
that of St Alexander Newsky
of Russia, and of the Legion of
Honour of France, Knight
of the First Class of the
Nischam Iltijar of Turkey, of
that of the Order of Leopold
of Austria, and of that of
the Sun and Lion of Persia,
member of the Royal Spanish
Academy, and of the Academy
of History, and of that of
St Ferdinand, and Honorary
Member of the Academy of
St Charles of Valencia, Deputy
To the Cortes, and First
Secretary of State for Foreign
affairs of Her Catholic Majesty
etc,etc.;
Who
Chapter 1 Page 10
Who, after having
communicated to each other
their respective Full Powers,
found in good and due
form, have agreed upon
and concluded the following
Articles:-
Article I.
From and after the date
on which, according to the
provisions of Article XIII, the
present Convention shall come
into operation, the Authors 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 copyright, shall
be entitled to exercise that
right in the territories of the
other
Chapter 1 Page 11
other of such Countries for the
same term, and to the same
extent, as the Authors of
works of the same nature, if
published in such other
Country, would therein be
entitled to exercise such right,
so that the republication or
piracy, in either Country, of
any works of literature of or art
published in the other shall
be dealt with in the same
manner as the republication
or piracy of a work of the same
nature first published in each
other Country; and so that
such authors in the one
Country shall have the same
Remedies before the Courts of
Justice in the other Country,
and shall enjoy in that other
Country the same protection
against
Chapter 1 Page 12
against piracy and unauthorized
republication, as the law now
does or may hereafter grant to
Authors in that Country.
The terms “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 sculpture,
of engraving, of lithography,
and of any other works whatsoever
of literature and of the fine arts.
The lawful representatives
or assigned of authors, translators
Composers, Painters, Sculptors, or
Engravers, shall, in all respects,
enjoy the same rights which
by the present Convention are
granted to the Authors, Translators,
Composers, Painters, Sculptors,
or
Chapter 1 Page 13
or Engravers themselves.
Article II.
The protection granted to
original works is extended to
translations; it being, however,
clearly understood that the
intention of the present Article
is simply to protect a Translator
in respect of his own translation,
and that it is not intended to
confer upon the first translator
of any Work the exclusive right
of translating that work, except
in the case and to the extent
provided for in the following
Article.
Article III.
The Author of any Work
published
Chapter 1 Page 14
published in ether of the two
Countries, who may choose to
reserve the right of translating
it, shall, until the expiration of
five years from the date of the
first publication of the translation
thereof authorized by him, be,
in the following cases, entitled
to protection from the publication
in the other Country of any
translation of such work not
so authorized by him:-
1.If the original Work shall
have been registered and deposited
in the one Country within three
months after its first publication
in the other;
2.If the Author has notified
on the title-page of his work his
intention to reserve the rights of
translation it;
3.Provided always, that at
least
Chapter 1 Page 15
least a part of the authorized
translation shall have appeared
within a year after the
registration and deposit of the
original, and that the whole
shall have been published
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 published in parts, it
will be sufficient if the
declaration of the Author
that he reserves the right of
translation shall appear in
the first part. But with
reference
Chapter 1 Page 16
reference to the period of five
years limited by this Article
for the exercise of the exclusive
right of translation, each part
shall be treated as a separate
work, and each part shall be
registered and deposited in
the one Country within three
months after its first publication
in the other.
Article IV.
The stipulation of the
preceding Articles shall also be
applicable to the representation
of dramatic works, and the
performance of musical
compositions, in so far as the
Laws of each of the two
Countries are or shall be applicable
in this respect to dramatic
and
Chapter 1 Page 17
and musical works first
publically represented or
performed therein.
In order, however, to entitle
the Authors to legal 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 stipulated by
the present Article is not
intended to prohibit fair
imitations, or adaptations of
dramatic works to the stage
in England and Spain
respectively, but is only meant
to prevent piratical trans-
lations.
The question whether a
work
Chapter 1 Page 18
work is an imitation or a
piracy, shall in all cases be
decided by the two Courts of
Justice of the respective Countries,
according to the laws in
force in each.
Article V.
Notwithstanding the
stipulations of Articles I and
II of the present Convention,
articles extracted from Newspapers
or Periodicals published in either
of the two Countries, may be
republished or translated in
the Newspapers or Periodicals of
the other Country, provided the
source from where such Articles
are taken be acknowledged.
Nevertheless, this permission
shall not be contrived to
authorize
Chapter 1 Page 19
authorize the republication in
one of the two Countries, of
articles other than those of
political discussion, from
Newspapers or Periodicals published
in the other Country, the
Authors of which shall have
notified in a conspicuous
manner in the Journal or
Periodical in which such
Articles have appeared, that
they forbid the re-publication
thereof.
Article 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 present Convention
are
Chapter 1 Page 20
are prohibited, whether such
piratical copies originate in
the Country where the work
was published, or in any
other Country.
Article VII.
In the event of an
infraction of the provisions
of the foregoing Articles, the
pirated works or articles shall
be seized and destroyed; and
the persons who may have
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
offenses, committed in respect
of a work or production of
home
Chapter 1 Page 21
home origen.
Article VIII.
Neither Authors, nor
Translators, nor their lawful
representatives and Assigned, shall
be entitled in either Country to
the protection stipulated by the
preceding Articles, nor shall
Copyright be claimable in either
Country, unless the Work shall
have been registered in the
manners following, that is
to say:-
1.If the work be one that
has first appeared in Spain,
it must be registered at the
Hall of the Company of Stationers
in London;
2.If the work be one that
has first appeared in the
Dominions
Chapter 1 Page 22
Dominions of Her Britannic
Majesty, it must be registered
at the Ministry of Public Works
(Ministerio de Fomento) at Madrid.
No person shall be entitled
to such protection as aforesaid,
unless he shall have duly
complied with the laws and
regulations of the respective
Countries in regard to the
work in respect of which such
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 manuscript only), no person
shall be entitle to such
protection unless he shall
have delivered gratuitously,
at
Chapter 1 Page 23
at one or other of the places
mentioned above, as the case
may be, one copy of the best
edition, 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 is to say,
in Great Britain, at the
British Museum at London,
and in Spain, at the National
Library at Madrid.
In every case, the formality
of deposit and registration
must be fulfilled 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
Chapter 1 Page 24
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 have
been established by any other
Party before a Court of Justice.
The Certificate given under
the laws of Spain, providing the
registration of any work in that
Country, shall be valid for the
same purpose throughout the
Territories of the 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
Chapter 1 Page 25
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
rials 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 rials vellon in
Spain.
The provisions of this
Article shall not extend to
articles which may appear in
Newspapers or Periodicals; which
shall be protected from repub-
lication or translation simply
by a notice from the Author,
as prescribed by Article V. But
if any Article or work which
has
Chapter 1 Page 26
has originally appeared in a
newspaper or periodical shall
afterwards be published in a
separate form, it shall then
become subject to the stipu-
lations of the present Article.
Article IX
With regard to any
Article other that books,
prints, maps, and musical
publications, in respect to
which protection may be
claimable under Article I
of the present Convention,
it is agreed, that any
other mode of registration
than that prescribed in
the preceding Article, which
is or may be applicable
by law in one of the two
Countries
Chapter 1 Page 27
Countries to any work or
article first published in such
Country, for the purposes of
affording protection to copyright
in such work or article, shall
be extended on equal terms
to ay similar work or
article first published in
the other Country.
Article X.
In order to facilitate the
execution of the present
Convention, the two High
Contracting Parties engage to
communicate to each other
the laws and regulations
which may hereafter be
established in their respective
Territories, with respect to
Copyright in works or
productions
Chapter 1 Page 28
productions protected by the
stipulations of the present Convention.
Article XI.
The stipulations of the
present Convention shall in no
way affect the right which
each of the two High Contracting
Parties expressly reserved to itself,
of controlling or of prohibiting,
by measures of legislation or of
internal police, the sale,
circulation, representation, or
exhibition of any work or
production in regard to which
either Country may deem it
expedient to exercise that
right.
Article XII.
Chapter 1 Page 29
Article XII.
Nothing in this Convention
shall be construed to
affect the right of
either of the two High
Contracting Parties to
prohibit the importation
into its own Dominions
of such books as, by its
internal law or under
engagements with other
States, are or may be declared
to be piracies, or infringements
of Copyright.
Article XIII.
The present Convention shall
come into operation as soon as
possible after the exchange of
the Ratifications. Due notice
shall
Chapter 1 Page 30
shall be given beforehand in
each Country, by the Government
of that Country, of the day
which may be fixed upon for
its coming into operation; and
the stipulations of the Convention
shall apply only to works or
articles published after that day.
The Convention shall continue
in force for six years from the
day on which it may come
into operation; and if neither
Party shall, twelve months
before the expiration of the
said period of six years, give
notice of its intention to
terminate its operation, the
Convention shall continue in
force for a year longer, and
so on from years to years, until
the expiration of a year’s notice
from either Party for its
termination.
Chapter 1 Page 31
termination.
The High Contracting
Parties, however, reserve to
themselves the power of
making by common consent,
in this Convention, any
modifications which may
not be inconsistent with its
spirit and principles, and
which experience of its making
may show to be desirable.
Article XIV.
The present Convention
shall be ratified, and the
Ratifications shall be
exchanged at Madrid as
soon as may be within
three months from the date
of signature.
In Witness whereof
the
Chapter 1 Page 32
the respective Plenipotentiaries
have signed the same in
duplicated, and have affixed
thereto their respective Seals.
Done at Madrid, on the
seventh day of July, in the
Year of Our Lord One Thousand
Eight Hundred and Fifty –Seven
Howden
We having been seen and considered the Convention
aforesaid, have approved, accepted, and confirmed the same
in all and every one of its Articles and Clauses, as We do by
these Presents approve, accept, confirm, and ratify it for
ourselves, our heirs, and sucessors: Engaging and
Promising whom our Royal Ward, that We will sincerely
and faithfully perform and observe all and singular the
things which are contained and expressed in the Convention
aforesaid, and that we will never suffer the same to be
violated
Chapter 1 Page 33
violated by any one, or transgressed in any manner, as far
as it lies in our Power. For the greater Testimony and
Validity of all which, We have caused the Great Seal of
Our United Kingdom of Great Britain and Ireland to be
affixed to these Presents, which We have signed with
Our Royal Hand. Given at Our Court at Osborne
House, the Twentieth day of August, in the Year
of Our Lord One Thousand Eight Hundred and Fifty Seven,
and in the Twenty First year of Our Reign
Translation by:
Source: Archivo Histórico Nacional; ESTADO 8464. Exp. 47
Citation:
Anglo-Spanish Copyright Treaty , Madrid (1857), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
33 translated pages
Chapter 1 Page 1
N. 141
With England
on literary and artistic works
signed on July 7, 1857
ratified on August 20, 1857
Chapter 1 Page 2
N. 140
3
Ratification
Chapter 1 Page 3
N. 140
1
Plenipotentia
Chapter 1 Page 4
Queen Isabella II
by the Grace of God and the Constitution of the Spanish Monarchy,
Queen of the Spains
Whereas I have deem convenient for the promotion of sciences,
literature and the arts for a Convention between Spain
and the Great Britain to be arranged in order
to secure the property right that belongs to the the authors of scientific,
literary and artistic works; being necessary that to that effect to authorise [...]
PLENIPOTENTIA
I hereby duly authorise Mr Pedro José Pidal, Marquis of de Pidal,
Knight of the Grand Cross of the Royal and distinguished Order
of Charlos III, and of the San Fernando and Merit of Naples,
[...]
Madrid 28 April 1857
Chapter 1 Page 5
MINISTRY Our Lady
OF
FOREIGN
AFFAIRS
Chancery
For the signature of Your Majesty...... The Plenipotentia in favour of
your First Secretary
of the State to arrange
a Convention on literary
property between Spain and
Great Britain
May Your Majesty sign it here______________ I, the Queen
Chapter 1 Page 6
Victoria, by the Grace of God, Queen of the United Kingdom
of Great Britain and Ireland, Defender of the Faith, etc, etc, etc.
To All and Singular to whom these Presents shall come, Greeting!
Whereas a Convention between Us and Our Good Sister The
Queen of Spain, was concluded and signed at Madrid on the
seventh day of July, ultimo, by the Plenipotentiaries of Us and of
Our said Good Sister, duly and respectively authorized for that
purpose; which Convention is, word for word, as follows:-
Her Majesty The Queen of
The United Kingdom of Great
Britain and Ireland, and Her
Majesty The Queen of Spain,
being equally desirous of
extending in each Country the
enjoyment of Copyright to Works
of Literature and of the fine
arts which may be first
published in the other; Her
Britannic Majesty and Her
Catholic Majesty have deemed
it
Chapter 1 Page 7
it expedient to conclude a
especial Convention for that
purpose, and have therefore
named as their Plenipotentiaries,
that is to say:-
Her majesty The Queen of
the United Kingdom of Great
Britain and Ireland etc.etc.etc
The right Honourable John
Hobart Caradoc, Lord Howden
of Grimeston, a Peer of Great
Britain and Ireland and a
Peer of Ireland, a major-
General in the Army, Knight
Commander of the most
Honourable Order of the Bath
of England, Knight Grand-
Cross of the most distinguished
Order of Charles the Third, and
Knight of the military order
of St Ferdinando of Spain,
commander of the Legion of
honour
Chapter 1 Page 8
Honour of France, of Leopold
of Belgium, of St Anna of
Russia, of the Redeemer of
Greece, and Knight of the
Guelphic Order of Hanover,
Her Britannic Majesty’s
Envoy Extraordinary and
Minister Plenipotentiary at
the Court of Her Catholic
majesty; etc.etc;
And Her Majesty The
Queen of Spain, etc.etc.etc
Don Pedro Jose Pidal, Marques
Of Pidal, Knight Grand Cross
of the Royal and distinguished
order of Charles the Third, of
that of St Ferdinand and of
merit of the Two Sicilies, of the
Pontifical Order of Pius the
Ninth, of that of the Lion of
the Netherlands, of those of
Christ and of the Conception of
Villaviciosa
Chapter 1 Page 9
Villaviciosa of Portugal, of
that of Leopold of Belgium,
of that of St Maurice and
St Lazarus of Sardinia, of
that of St Alexander Newsky
of Russia, and of the Legion of
Honour of France, Knight
of the First Class of the
Nischam Iltijar of Turkey, of
that of the Order of Leopold
of Austria, and of that of
the Sun and Lion of Persia,
member of the Royal Spanish
Academy, and of the Academy
of History, and of that of
St Ferdinand, and Honorary
Member of the Academy of
St Charles of Valencia, Deputy
To the Cortes, and First
Secretary of State for Foreign
affairs of Her Catholic Majesty
etc,etc.;
Who
Chapter 1 Page 10
Who, after having
communicated to each other
their respective Full Powers,
found in good and due
form, have agreed upon
and concluded the following
Articles:-
Article I.
From and after the date
on which, according to the
provisions of Article XIII, the
present Convention shall come
into operation, the Authors 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 copyright, shall
be entitled to exercise that
right in the territories of the
other
Chapter 1 Page 11
other of such Countries for the
same term, and to the same
extent, as the Authors of
works of the same nature, if
published in such other
Country, would therein be
entitled to exercise such right,
so that the republication or
piracy, in either Country, of
any works of literature of or art
published in the other shall
be dealt with in the same
manner as the republication
or piracy of a work of the same
nature first published in each
other Country; and so that
such authors in the one
Country shall have the same
Remedies before the Courts of
Justice in the other Country,
and shall enjoy in that other
Country the same protection
against
Chapter 1 Page 12
against piracy and unauthorized
republication, as the law now
does or may hereafter grant to
Authors in that Country.
The terms “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 sculpture,
of engraving, of lithography,
and of any other works whatsoever
of literature and of the fine arts.
The lawful representatives
or assigned of authors, translators
Composers, Painters, Sculptors, or
Engravers, shall, in all respects,
enjoy the same rights which
by the present Convention are
granted to the Authors, Translators,
Composers, Painters, Sculptors,
or
Chapter 1 Page 13
or Engravers themselves.
Article II.
The protection granted to
original works is extended to
translations; it being, however,
clearly understood that the
intention of the present Article
is simply to protect a Translator
in respect of his own translation,
and that it is not intended to
confer upon the first translator
of any Work the exclusive right
of translating that work, except
in the case and to the extent
provided for in the following
Article.
Article III.
The Author of any Work
published
Chapter 1 Page 14
published in ether of the two
Countries, who may choose to
reserve the right of translating
it, shall, until the expiration of
five years from the date of the
first publication of the translation
thereof authorized by him, be,
in the following cases, entitled
to protection from the publication
in the other Country of any
translation of such work not
so authorized by him:-
1.If the original Work shall
have been registered and deposited
in the one Country within three
months after its first publication
in the other;
2.If the Author has notified
on the title-page of his work his
intention to reserve the rights of
translation it;
3.Provided always, that at
least
Chapter 1 Page 15
least a part of the authorized
translation shall have appeared
within a year after the
registration and deposit of the
original, and that the whole
shall have been published
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 published in parts, it
will be sufficient if the
declaration of the Author
that he reserves the right of
translation shall appear in
the first part. But with
reference
Chapter 1 Page 16
reference to the period of five
years limited by this Article
for the exercise of the exclusive
right of translation, each part
shall be treated as a separate
work, and each part shall be
registered and deposited in
the one Country within three
months after its first publication
in the other.
Article IV.
The stipulation of the
preceding Articles shall also be
applicable to the representation
of dramatic works, and the
performance of musical
compositions, in so far as the
Laws of each of the two
Countries are or shall be applicable
in this respect to dramatic
and
Chapter 1 Page 17
and musical works first
publically represented or
performed therein.
In order, however, to entitle
the Authors to legal 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 stipulated by
the present Article is not
intended to prohibit fair
imitations, or adaptations of
dramatic works to the stage
in England and Spain
respectively, but is only meant
to prevent piratical trans-
lations.
The question whether a
work
Chapter 1 Page 18
work is an imitation or a
piracy, shall in all cases be
decided by the two Courts of
Justice of the respective Countries,
according to the laws in
force in each.
Article V.
Notwithstanding the
stipulations of Articles I and
II of the present Convention,
articles extracted from Newspapers
or Periodicals published in either
of the two Countries, may be
republished or translated in
the Newspapers or Periodicals of
the other Country, provided the
source from where such Articles
are taken be acknowledged.
Nevertheless, this permission
shall not be contrived to
authorize
Chapter 1 Page 19
authorize the republication in
one of the two Countries, of
articles other than those of
political discussion, from
Newspapers or Periodicals published
in the other Country, the
Authors of which shall have
notified in a conspicuous
manner in the Journal or
Periodical in which such
Articles have appeared, that
they forbid the re-publication
thereof.
Article 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 present Convention
are
Chapter 1 Page 20
are prohibited, whether such
piratical copies originate in
the Country where the work
was published, or in any
other Country.
Article VII.
In the event of an
infraction of the provisions
of the foregoing Articles, the
pirated works or articles shall
be seized and destroyed; and
the persons who may have
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
offenses, committed in respect
of a work or production of
home
Chapter 1 Page 21
home origen.
Article VIII.
Neither Authors, nor
Translators, nor their lawful
representatives and Assigned, shall
be entitled in either Country to
the protection stipulated by the
preceding Articles, nor shall
Copyright be claimable in either
Country, unless the Work shall
have been registered in the
manners following, that is
to say:-
1.If the work be one that
has first appeared in Spain,
it must be registered at the
Hall of the Company of Stationers
in London;
2.If the work be one that
has first appeared in the
Dominions
Chapter 1 Page 22
Dominions of Her Britannic
Majesty, it must be registered
at the Ministry of Public Works
(Ministerio de Fomento) at Madrid.
No person shall be entitled
to such protection as aforesaid,
unless he shall have duly
complied with the laws and
regulations of the respective
Countries in regard to the
work in respect of which such
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 manuscript only), no person
shall be entitle to such
protection unless he shall
have delivered gratuitously,
at
Chapter 1 Page 23
at one or other of the places
mentioned above, as the case
may be, one copy of the best
edition, 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 is to say,
in Great Britain, at the
British Museum at London,
and in Spain, at the National
Library at Madrid.
In every case, the formality
of deposit and registration
must be fulfilled 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
Chapter 1 Page 24
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 have
been established by any other
Party before a Court of Justice.
The Certificate given under
the laws of Spain, providing the
registration of any work in that
Country, shall be valid for the
same purpose throughout the
Territories of the 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
Chapter 1 Page 25
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
rials 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 rials vellon in
Spain.
The provisions of this
Article shall not extend to
articles which may appear in
Newspapers or Periodicals; which
shall be protected from repub-
lication or translation simply
by a notice from the Author,
as prescribed by Article V. But
if any Article or work which
has
Chapter 1 Page 26
has originally appeared in a
newspaper or periodical shall
afterwards be published in a
separate form, it shall then
become subject to the stipu-
lations of the present Article.
Article IX
With regard to any
Article other that books,
prints, maps, and musical
publications, in respect to
which protection may be
claimable under Article I
of the present Convention,
it is agreed, that any
other mode of registration
than that prescribed in
the preceding Article, which
is or may be applicable
by law in one of the two
Countries
Chapter 1 Page 27
Countries to any work or
article first published in such
Country, for the purposes of
affording protection to copyright
in such work or article, shall
be extended on equal terms
to ay similar work or
article first published in
the other Country.
Article X.
In order to facilitate the
execution of the present
Convention, the two High
Contracting Parties engage to
communicate to each other
the laws and regulations
which may hereafter be
established in their respective
Territories, with respect to
Copyright in works or
productions
Chapter 1 Page 28
productions protected by the
stipulations of the present Convention.
Article XI.
The stipulations of the
present Convention shall in no
way affect the right which
each of the two High Contracting
Parties expressly reserved to itself,
of controlling or of prohibiting,
by measures of legislation or of
internal police, the sale,
circulation, representation, or
exhibition of any work or
production in regard to which
either Country may deem it
expedient to exercise that
right.
Article XII.
Chapter 1 Page 29
Article XII.
Nothing in this Convention
shall be construed to
affect the right of
either of the two High
Contracting Parties to
prohibit the importation
into its own Dominions
of such books as, by its
internal law or under
engagements with other
States, are or may be declared
to be piracies, or infringements
of Copyright.
Article XIII.
The present Convention shall
come into operation as soon as
possible after the exchange of
the Ratifications. Due notice
shall
Chapter 1 Page 30
shall be given beforehand in
each Country, by the Government
of that Country, of the day
which may be fixed upon for
its coming into operation; and
the stipulations of the Convention
shall apply only to works or
articles published after that day.
The Convention shall continue
in force for six years from the
day on which it may come
into operation; and if neither
Party shall, twelve months
before the expiration of the
said period of six years, give
notice of its intention to
terminate its operation, the
Convention shall continue in
force for a year longer, and
so on from years to years, until
the expiration of a year’s notice
from either Party for its
termination.
Chapter 1 Page 31
termination.
The High Contracting
Parties, however, reserve to
themselves the power of
making by common consent,
in this Convention, any
modifications which may
not be inconsistent with its
spirit and principles, and
which experience of its making
may show to be desirable.
Article XIV.
The present Convention
shall be ratified, and the
Ratifications shall be
exchanged at Madrid as
soon as may be within
three months from the date
of signature.
In Witness whereof
the
Chapter 1 Page 32
the respective Plenipotentiaries
have signed the same in
duplicated, and have affixed
thereto their respective Seals.
Done at Madrid, on the
seventh day of July, in the
Year of Our Lord One Thousand
Eight Hundred and Fifty –Seven
Howden
We having been seen and considered the Convention
aforesaid, have approved, accepted, and confirmed the same
in all and every one of its Articles and Clauses, as We do by
these Presents approve, accept, confirm, and ratify it for
ourselves, our heirs, and sucessors: Engaging and
Promising whom our Royal Ward, that We will sincerely
and faithfully perform and observe all and singular the
things which are contained and expressed in the Convention
aforesaid, and that we will never suffer the same to be
violated
Chapter 1 Page 33
violated by any one, or transgressed in any manner, as far
as it lies in our Power. For the greater Testimony and
Validity of all which, We have caused the Great Seal of
Our United Kingdom of Great Britain and Ireland to be
affixed to these Presents, which We have signed with
Our Royal Hand. Given at Our Court at Osborne
House, the Twentieth day of August, in the Year
of Our Lord One Thousand Eight Hundred and Fifty Seven,
and in the Twenty First year of Our Reign
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