S.I. No. 2/1930 - Copyright (Foreign Countries) Order, 1930.

STATUTORY RULES AND ORDERS. 1930. No. 2.

COPYRIGHT (FOREIGN COUNTRIES) ORDER, 1930.

WHEREAS it is enacted by Section 175 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), that the Governor-General may, by Order made on the advice of the Executive Council direct that Part VI. of that Act shall apply—

(a) to works first published in a foreign country to which the Order relates, in like manner as if they were first published within Saorstát Eireann;

(b) to literary, dramatic, musical and artistic works the authors whereof were at the time of making the work subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of Saorstát Eireann;

(c) in respect of residence in a foreign country to which the Order relates in like manner as if such residence were residence within Saorstát Eireann;

and that thereupon subject to the provisions of the said Part VI. of the said Act and of the Order the said Act shall apply accordingly.

AND WHEREAS it is provided by the said Section 175 of the said Act, as amended by Section 11 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929), that an order under the said Section 175 may provide that the enjoyment of the rights conferred by the said Part VI. of the said Act shall be subject to the accomplishment of such conditions and formalities (if any) as may be prescribed by the Order and may also provide that the term of copyright in Saorstát Eireann shall not exceed that conferred by the law of the country to which the order relates.

AND WHEREAS an International Convention (hereinafter called the Berne Convention) with respect to the protection to be given by way of copyright to the authors of literary and artistic works was signed at Berne on the 9th day of September, 1886:

AND WHEREAS the Berne Convention was amended by an International Convention signed at Paris on the 4th day of May, 1896, and was further amended by an International Convention signed at Berlin on the 13th day of November, 1908:

AND WHEREAS the several Countries named in the Schedule hereto are signatories to or otherwise bound by the Berne Convention and the said amending Conventions:

AND WHEREAS Saorstát Eireann has acceded to the Berne Convention and the said amending Conventions:

AND WHEREAS with a view to the performance in relation to the said Countries named in the Schedule hereto of the obligations imposed on Saorstát Eireann by the Berne Convention and the said amending Conventions it is expedient that Part VI. of the Industrial and Commercial Property (Protection) Act, 1927 , should be applied in the manner hereinafter appearing to the said Countries:

NOW I, JAMES McNEILL, Governor-General of the Irish Free State, on the advice of the Executive Council and in exercise of the powers conferred on me by the said Section 175 of the Industrial and Commercial Property (Protection) Act, 1927 , as amended by the said Section 11 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 , and of every and any other power me in this behalf enabling, do hereby order and direct as follows, that is to say:—

1. This Order may be cited for all purposes as the Copyright (Foreign Countries) Order: 1930.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in the like manner as it applies to the interpretation of an Act of the Oireachtas.

3. Part VI. of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929), shall, subject to the modifications hereinafter mentioned, apply—

(a) to works first published after the 6th day of December, 1921 (whether before or after the date of this Order) in any of the Countries named in the Schedule hereto in like manner as if such works were first published after the said date in Saorstát Eireann;

(b) to literary, dramatic, musical, and artistic works made after the 6th day of December, 1921 (whether before or after the date of this Order) the authors whereof were at the time of the making of the work subjects or citizens of any of the Countries named in the Schedule hereto in like manner as if such authors were at such time citizens of Saorstát Eireann;

(c) in respect of residence after the 6th day of December, 1921 (whether before or after the date of this Order) in any of the Countries named in the Schedule hereto in like manner as if such residence were residence within Saorstát Eireann.

4. The application of Part VI. of the Industrial and Commercial Property (Protection) Act, 1927 , as so amended as aforesaid by virtue of this Order in respect of the several Countries named in the Schedule hereto is and shall be subject to the following modifications, that is to say:—

(a) the term of copyright in Saorstát Eireann shall not exceed that conferred by the law of the country of origin f the work, and

(b) the enjoyment of the rights conferred by the said Part VI as so amended shall be subject to the following conditions and formalities, that is to say:—

(i) in the case of any newspaper article (not being a serial story or tale) of which the country of origin is one of the following countries, namely, Austria, Belgium, Brazil, Bulgaria, Czecho-Slovakia, the Free City of Danzig, Estonia, France, Germany, Hayti, Hungary, Italy, Japan, Luxemburg, Monaco, Morocco, Poland, Portugal (including Colonies), Spain, Switzerland, Syria and the Republic of Lebanon, Tunis, the right to prevent the reproduction of such article (either in the original language or in a translation) in another newspaper with an indication of the source shall be conditional upon reproduction being forbidden by express declaration in some conspicious part of the newspaper in which the article is published, and

(ii) in the case of a newspaper or magazine article (not being a serial story or tale) of which the country of origin is one of the following countries, namely, Denmark (including the Faroë Islands), Finland, Greece, The Netherlands (including East Indian Colonies, Surinam and Curaçoa), Norway, Roumania, Sweden, the right to prevent the reproduction of the article (either in the original language or in a translation) with an indication of the source shall be conditional upon reproduction being forbidden by express declaration in some conspicious part of the newspaper or magazine in which the article is published, and

(iii) in the case of any literary or dramatic work of which the country of origin is one of the following countries, namely, Estonia, Greece, Italy, Japan, The Netherlands (including East Indian Colonies, Surinam, and Curaçoa), the right, after the expiration of ten years from the end of the year in which the work or the last instalment of the work was first published, to prevent the production, reproduction, publication, or (except in the case of a work of which the country of origin is Japan) the performance in public of any translation of the work shall be conditional upon the publication, before the expiration of the above-mentioned period and within Saorstát Eireann or some other country which is a party to the International Union for the protection of Literary and Artistic Works of an authorised translation, in the language for which protection is claimed, of the work or instalment of the work.

5. In this Order the expression "the country of origin" has the same meaning as it has in the third paragraph of Article 4 of the hereinbefore recited International Convention signed at Berlin on the 13th day of November, 1908.

JAMES McNEILL,

Governor-General.

DUBLIN.

This 14th day of January, 1930.

SCHEDULE.