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Colonial Copyright Extensions, Madrid (1868)

Source: Archivo del BOE, Gaceta de Madrid, año CCVII- núm. 60, Feb. 29, 1868

Colonial Copyright Extensions, Madrid (1868), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Chapter 1 Page 1



                  OFFICIAL REPORT
Her Majesty the Queen (May God protect her) and
her majestic Royal family continue in this Court
without any change to their important state of
            (Ministerio de Ultramar)
                  ROYAL ORDER
      Your Excellency. In view of letter
number 207 from Your Excellency dated 15
August last year, and reports from the
Colonial department of the State Council,
the Queen (May God protect her) has
considered good to declare enforceable
in that island the Royal Order issued by
the Presidency of the Council of Ministers of
11th October 1853, copy attached, and has
approved the rules proposed for Your Excellency
to oversee their observance, so that all parts
are fulfilled, not only the law but also the
current treaties for literary property.
At the same time it is also Her Majesty’s wish
that Your Excellency reports on the convenience
of extending to this island those held in
Sardinia, Portugal and the Netherlands which
were published in the GAZETTES of this Court
on 24 June 1860, 22 April 1861 and 20
September 1863 respectively.
      I hereby inform Your Excellency of the
Royal Order for your knowledge and corresponding
effects. May God protect Your Excellency
many years.
Madrid, 13 February 1868
Senior Civil Governor of the Island of Cuba.
      Royal Order and Rules mentioned
            in the foregoing regulation
Your Excellency, As several newspaper
directors from this capital have resorted to
Your Majesty (May God protect many years)
requesting that any political or literary
articles they publish for the first time
becomes the exclusive property of the
newspaper companies, and that no one has
the right to reproduce them, without
obtaining permission from the aforementioned
companies, it is Your Majesty's wish that
the Ministry of Your Excellency’s honourable
charge issues the corresponding orders so
that Ordinary Courts in charge of applying
the law of 10 June 1847 can impose sentences
against its offenders with full rigor; on
the understanding that the authors of
original newspaper articles and poetry enjoy
rights of ownership, although they are not
part of a collection, or the editors
when the writings are anonymous, as foreseen
in Articles 3, 4 and 9 of the said law.
I hereby inform Your Excellency of the Royal
Order so that it may be fulfilled.
May God protect Your Excellency many years,
in Madrid in 11 October 1853 -
Count San Luis-
Minister of Grace and Justice
Rules for best fulfilment of
treaties regarding literary property
held with various nations.
1. It is forbidden the introduction, even
when in transit, sale and exhibition of
works and objects reproduced fraudulently,
either in Spain or anywhere abroad, of
authors belonging to any nation with whom
literary property treaties are in force.
2. Hereinafter, and when three months have
elapsed as from the day of publication of
these dispositions, no literary, scientific

or artistic work that does not comply
with the requirements of the Royal Order
of 2 April 1856 establishing rules for the
best fulfilment of the agreement held between
Spain and France will be admitted onto this
island, otherwise it will be considered
Documents referring to this article,
accompanied by a note in duplicate signed
by the introducer, which expresses the
title of the works and number of volumes,
will be submitted in the Secretary’s
Office of the Senior Civil Government
to the Official in charge of censoring
books, so that circulation can be
allowed following this.
3. However, the clauses of the above
article cannot be used as an obstacle
for freely continuing to sell, publish
and respectively introduce works that
have been issued in part or fully in
any of the countries with whom Spain
holds agreements. This must be after
5 December next year, in accordance
with the Royal Order of 28 March 1866.
It shall be rigorously understood
that none of these works can be
introduced from abroad, other than
those used to complete previously
started remittances or subscriptions.
In no way can these exceptions be
understood as versions printed abroad
in Spanish in accordance with what
is stipulated in the following
4. It is prohibited to introduce onto
this island any books printed anywhere
abroad in Spanish; and in order to
prevent the damages that this measure
entails for booksellers, an inextensible
three month term is granted so they can
suspend or revoke any orders they have
placed in Europe, and only one month for
the United States of America. After this
time,any books they try to introduce
will be confiscated.
5. The following are exempt from the
above rule:
First: Spanish authors who hold the
right of ownership and have printed
their works abroad.
Second: Foreign authors who hold trans-
lation rights and translate themselves
into our language. However, in both
cases, introduction will not be allowed
onto the island without having requested
and obtained beforehand permission from
the Senior Civil Government. This cannot
be granted for more than 500 copies,
and whenever the work is recognized
to be of use.
6. Importing foreign books onto this
island can only be done through the ports
of this capital and Santiago de Cuba.
7. The Government reserves the right to
prohibit the introduction of any work
whose circulation is deemed inconvenient.
The islands of Puerto Rico and The
Philippines have been notified of the same
disposition, with the only difference that,
in the first mentioned, importing books to
which the foregoing rules refer, can only
be done through the ports of the capital
and Mayagüez, and the Senior Civil Governor
in The Philippines has to verified them.

Translation by: Kay Leach


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