PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Anglo-Spanish Bilateral Copyright Treaty , Madrid (1880)

Source: Archivo del Ministerio de Asuntos Exteriores, AMAE, Tratados s. XIX, nº 0313

Citation:
Anglo-Spanish Bilateral Copyright Treaty , Madrid (1880), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Chapter 1 Page 1



      
      
      
      
                  
                  COVER OF THE TREATY
      
      
      
      





Chapter 1 Page 2


His Majesty the King
of Spain and Her Majesty
the Queen of the United
Kingdom of Great Britain
and Ireland, 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,
have deemed it expedient,
pending the negotiation
of a new Convention to
replace the Convention
                                    of




Chapter 1 Page 3


of the 7th July, 1857,
to conclude a temporary
Convention for that
purpose, and have therefore
named as their Plenipotentiaries,
that is to say: -
      
His Majesty the King
of Spain, Don Manuel
Rancés y Villanueva,
Marquis of Casa Laiglesia,
a Senator of the Kingdom,
Knight Grand Cross of the
Royal and Distinguished
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


Chapter 1 Page 4


Knight Grand Cross of the
Lion and the Sun of Persia,
etc. His Envoy Extraordinary
and Minister Plenipotentiary
to Her Majesty the Queen
of the United Kingdom
of Great Britain and Ireland
      
And Her Majesty the Queen
of the United Kingdom
of Great Britain and
Ireland, the Right
Honourable Granville,
Earl Granville,
Lord Leveson, a Peer
of the United Kingdom,
Knight of the Most Noble
                                    Order


Chapter 1 Page 5


Order of the Garter, a
Member of Her Majesty’s
Privy Council, Lor 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 Affairs:
      
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


Chapter 1 Page 6


Article 1
      
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 of such
countries for the same
term, and to the same
                                    extent


Chapter 1 Page 7


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
re-publication or piracy,
in either country, of any
work of literature or of
art published in the other
shall be dealt with in
the same manner as the
re-publication or piracy
of a work of the same
nature first published
in such other country;
and so that such authors
in the one country shall
                                    have


Chapter 1 Page 8


have the same remedies
before the Courts of Justice
in the other country, and
shall enjoy in that other
country the same protection
against piracy and
unauthorized re-publication
as the law does now or
may hereafter grant to
authors in that country.
      
The term "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


Chapter 1 Page 9


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 assigns of authors,
translators, composers,
painters, sculptures, 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 engravers themselves
      
                                    Article II


Chapter 1 Page 10


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


Chapter 1 Page 11


Article III
      
The author of any
work published in either
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:
                                    I


Chapter 1 Page 12


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 right of
translating it;
      
3. Provided always
that at least a part of
the authorized translation
shall have appeared
within a year after the
registration and deposit
of the original, and that
                                    the


Chapter 1 Page 13


1. If the original
work shall have
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


Chapter 1 Page 14


 shall appear in the first
part. But with 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 stipulations of
the preceding articles
shall also be applicable
                                    to


Chapter 1 Page 15


to the representation
of dramatic works, and
to 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 musical works
first publicly represented
or performed therein.
      
In order however to
entitle the author to legal
protection in regard to
the translation of a
dramatic work, such
translation must appear
within three months
                                    after


Chapter 1 Page 16


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
Spain and England
respectively, but is only
meant to prevent piratical
translations.
      
The question whether
a work is an imitation
or a piracy shall in all cases
be decided by the Courts
                                    of


Chapter 1 Page 17


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
re-published or translated
in the newspapers or
periodicals of the other
country, provided the
source from whence
                                    such


Chapter 1 Page 18


such articles are taken
be acknowledged.
      
Nevertheless, this permission
shall not be construed
to authorize the re-publication
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


Chapter 1 Page 19


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 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


Chapter 1 Page 20


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
offences committed in
respect of a work or
production of home
origin.
      
                                    Article VIII


Chapter 1 Page 21


      
Article VIII
      
Neither authors, nor
translators, nor their
lawful Representatives
or assigns, 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 manner 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


Chapter 1 Page 22


the Company of Stationers
in London;
      
2. If the work be one
that has first appeared
in the 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


Chapter 1 Page 23


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 entitled
to such protection unless
he shall have delivered
gratuitously, 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


Chapter 1 Page 24


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


Chapter 1 Page 25


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 have
been established by any other
party before a Court of Justice.
      
The Certitificate given under
the Laws of Spain, proving
the registration of any work
in that country, shall be valid
for the same purpose throughout
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


Chapter 1 Page 26


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 reals
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 reals 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 re-publication or translation
simply by a notice from the author
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 form, it shall then become subject
to the stipulations of the present article.
      
                                    Article IX


Chapter 1 Page 27


      
Article 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 the
present Convention, it is agreed,
that any other mode of registration
than that prescribed in the preceding
articles, which is or may be applicable
by law in one of the two countries
to any work or article first published
in such country, for the purpose of
affording protection to copyright
in such work or article, shall be
extended on equal terms to any
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
      
                                    in


Chapter 1 Page 28


in their respective territories with
respect to copyright in works or
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 reserves 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
      
Nothing in this Convention
shall be construed to affect
      
                                    the


Chapter 1 Page 29


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 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.
      
                                          the


Chapter 1 Page 30


The Convention shall
continue in force from the
day on which it may come
into operation until the
new Convention mentioned
in the preamble of the present
Convention, has come into
operation. Either Party shall
however, be at liberty to
terminate the present
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 not be
inconsistent with its spirit
                                          and


Chapter 1 Page 31


and principles, and which
experience of its working
may show to be desirable.
      
Article XIV
      
The present Convention
shall be ratified and the
ratifications shall be exchanged
at London as soon as possible.
      
In witness whereof the
respective Plenipotentiaries have
signed the same in duplicate,
and have affixed thereto the
seal of their arms.
      
Done at London the
eleventh day of August
in the year of our Lord one
thousand eight hundred
and eighty
      
Signed - Marquis de Casa Laiglesia
      
Signed- Granville
                                          


Chapter 1 Page 32


Declaration
      
The Undersigned Plenipotentiaries
of His Majesty the King of Spain
and of Her Majesty the Queen of
the United Kingdom of Great Britain
and Ireland, authorized for this
purpose by their respective Sovereigns
declare, for the purpose of facilitating
the Customs service in the execution
of a part of the Convention for the
protection of literary property which
they have this day signed, that
in order to make the origin of
works published in either of the
two countries evident, there
shall appear in their title-page
the city or place of their
publication.
      
In witness whereof the
respective Plenipotentiaries
have signed, in duplicate,
the present Declaration,
which shall have the
                                          same


Chapter 1 Page 33


same validity as if it had
been inserted in the body
of the Convention itself,
and have affixed thereto
the seal of their arms.
      
Done at London
the eleventh day of
August, one thousand
eight hundred and eighty
      
Signed - Marquis de Casa Laiglesia
      
Signed - Granville
                                          


Chapter 1 Page 34


The Undersigned
having met together
for the purpose of
exchanging the Ratification
of a Convention for the
Establishment of International
Copyright between His
Majesty the King of Spain
and Her Majesty the Queen
of the United Kingdom
of Great Britain and Ireland,
concluded and signed
at London on the
Eleventh day of August
1880; and the respective
                  Ratifications


Chapter 1 Page 35


Ratifications of
the said Convention for
the Establishment of
International Copyright
having been carefully
compared and found
to be exactly conformable
to each other, the said
exchange took place
this day in the usual
form.
      
In Witness Whereof
they have signed the
present Certificate of Exchange
and have affixed thereto
the seal of their arms
      
                  Done


Chapter 1 Page 36


Done at London
the Eighteenth day of
September 1880
      
      
                  
Granville


Chapter 1 Page 37


      
      
TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


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TEXT OF THE BILATERAL CONVENTION
      (TYPEWRITTEN COPY)


Chapter 1 Page 47


      
      
TREATY
(BACK COVER)


Chapter 1 Page 48


      
      
TREATY
(BACK COVER)


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