Works of literature and art are understood to comprehend books, dramatic works, musical compositions, drawings, paintings, sculptures, engravings, lithographs, and any other production whatsoever of literature or the fine arts.

The protection granted to original works is extended to translations; it being, however, clearly understood that protection is afforded simply to a translator in respect of his own translation, and not to confer the exclusive right of translating upon the first translator of any work.

If the author of any work published in either country wishes to reserve to himself the exclusive right of translating his work in the other country, he may do so for five years from the first publication of the translation authorized by him, on complying with the following conditions:

1. The original work must be registered and deposited in the one country within three months after the publication in the other.

2. The author must notify, on the title-page of his work, his intention to reserve the right of translation.

3. At least a part of the authorized translation must appear within a year after the registration and deposit of the original, and the whole must be published within three years after the date of such deposit.

4. The authorized translation must appear in one of the two countries, and be registered and deposited in the same way and within the same time as an original book.

With reference to works published in parts: each part is to be treated as a separate work, and registered and deposited in the one country within the three months after its first publication in the other, and a declaration by the author to the effect that he reserves the right of translation in the first part, will be sufficient.

Dramatic works and musical compositions are protected in France to the same extent as in England. The translation of a dramatic work, however, must appear within three months after the registration and deposit of the original.

This protection is not intended to prohibit fair imitations or adaptations of dramatic works to the stage in England and France respectively, but is only designed to prevent piratical translations. And the question, what is an imitation or a piracy, is in all cases to be decided by the courts of justice of the respective countries, according to the laws in force in each.

Extracts from newspapers and periodicals may be freely taken from either country, and republished or translated in the other, if the source whence they are taken be acknowledged, unless the authors of the articles shall have notified in a conspicuous manner, in the journal or periodical in which such articles have appeared, that they prohibited the republication or translation thereof.

This stipulation, however, does not apply to articles of political discussion. Importation of pirated copies is prohibited, and in the event of an infraction of this prohibition, the pirated works may be seized and destroyed.

In order to obtain protection in either country, the work must be registered in the following manner:

If the work first appear in France, it must be registered at Stationers' Hall, London,—if it appear first in England, at the Bureau de la Librarie of the Ministry of the Interior at Paris,-within three months after the first publication in England. As to works published in parts, they must be registered within three months after the publication of the last part; but in order to preserve the right of translation, each part must be registered within three months after its publication. A copy of the work must also be deposited within the same time as registration is to be made, either at the British Museum in London, or in the National Library in Paris, as the case may be.

The certified copy of the entry in either case is evidence of the exclusive right of publication in both countries until the contrary is proved.

With regard to articles other than books, maps, prints, and musical compositions, in which protection may be claimed, any other mode of regis tration, which 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 article, is extended on equal terms to any similar article first published in the other country. See, also, convention between Great Britain and

Prussia, June 4, 1855,

Accounts and Papers, 1856, vol. LXI., (24.)
(Additional to convention of May 13, 1846.)
Id., 1854–5, vol. LV., (26.)

Belgium, Aug. 12, 1854, Article 490 above, however, seems to present an equally efficacious and more simple rule; and the right of aliens to avail themselves like citizens of the copyright laws being thus conceded, all the proper legal remedies are assured, as in other cases, by the provisions of Part VI., respect ing THE ADMINISTRATION OF JUSTICE.

No distinction is made in France, between foreigners and French subjects, as to copyright, provided they make the necessary deposit. All kinds of unpublished works, lectures, &c., are the exclusive property of their authors. Levi's Commercial Law, vol. II., p. 581; Copinger on Copyright, ch. XVIII., p. 239.

Mr. Blaine suggests that an uniform system of registration and inter national exchange of records be adopted, so that registry, according to the law of the State of first publication, will be followed by transmission of the record to the other nations, and consequent protection there. Transactions of National Association for Promotion of Social Science, 1862, p. 869.

The drafted treaty between Great Britain and the United States, 1853, contained a provision that when a foreign work is copyrighted the edition must be as cheap as the cheapest foreign edition.

Translations.

491. Copyright includes the right of translation into other languages; but, in order to preserve such right, the intention to do so must be announced upon the title page of each volume, and of each part, if published in

parts, and the publication of a translation must be commenced within one year from the publication of the original.

Unless the right of translation is secured under this article, any translator may have a copyright of his translation.

See the convention between France and Austria, Dec. 11, 1866, Art. IV., (9 De Clercq, 664,) and those with the German States, 1865, 9 Id.

And see note to Article 490, concerning translations of dramatic works. The French conventions with Portugal and several of the German States contain a provision that the author of a dramatic work, who would reserve the exclusive right of translation and of representation, must publish his translation, or produce the piece on the stage within three months after the formalities of copyright.

Extracts from newspapers and periodicals.

492. Extracts from newspapers and periodicals published in one nation may be freely republished or translated in another, if the source whence they are taken be acknowledged; except that the author or publisher of an article not involving political discussion may reserve strict protection by a conspicuous notice published with the article.

See note to Article 490, and the conventions there referred to.

To the same effect are the conventions between France and Austria, Portugal, German States, Pontifical States, and Russia.

Power to prohibit works.

493. The provisions of this Title are subject to the power of any nation to control or prohibit the importation, sale, circulation or publication, within its territorial limits, of any work or production.

This qualification is usual in the treaties, to reserve the ordinary meas ures of police, and also any obligations arising out of agreements with other nations by which particular works may have been prohibited.

Saving clause as to existing works.

494. The provisions of this Title do not prevent the continuation of the publication or sale in any nation of works already in part or wholly published therein.

The convention between France and Portugal qualifies this provision by adding that no further publication can be made other than necessary to complete orders or subscriptions already commenced. In the treaty between France and Russia, the saving clause extends to works to be published within one year.

TITLE XX.

MONEY.

ARTICLE 495. Adjustment of accounts between nations, and
between members of different nations.

496. The money of account to follow the law of
decimal subdivision.

497. Gold to be the standard.

498. The standard of fineness prescribed.

499. Definition of the money unit.

500. What gold coins shall be legal tender.

501. Silver coinage.

502. What silver coins shall be legal tender.

503. Limits of variation from standard weight or
fineness within which coins shall be current.

504. Standard weights.

505. Scrutiny of the coinage.

506. Coins may be called in by proclamation.

507. Uncurrent coins may be destroyed.

508. Coins of base metal not to form a part of the
international currency.

Adjustment of accounts between nations, and between members of different nations.

495. All accounts and transactions between the nations, and between the members of different nations, involving money, shall be rendered and settled in terms of the unit of money established by this Code, and of its subdivisions.

The first of the propositions agreed upon by the international monetary convention held in Paris, in 1867, declared that" an identical unity "ought to be established between the gold coins of all nations. Identity in the common money unit does not necessarily require uniformity of coinage, though the coins should stand in such simple relations to the unit that all the larger national coins may have an international circulation. In this manner the system of coinage which is found to be practically the most convenient will ultimately prevail, and secure universal acceptance.

The money of account to follow the law of decimal subdivision.

496. The denominations of money higher and lower

than the unit, shall be decimal multiples and submultiples of the unit.

The conclusive argument in favor of the decimal system of money weights and measures is, that this is the system of our arithmetical numeration, and that by its adoption abstract and concrete values are reduced to a common form of expression. If it were practicable, in abstract arithmetic, to introduce a different law of increase, a more convenient ratio might possibly be found than the decimal, but no advantage which could be secured by the adoption of such a ratio in the affairs of life, can be a compensation for the great disadvantage which accompanies any departure from the law of numbers. This consideration determined the adoption of the decimal division in the metrical system of money, weights and measures, and in the American system of money.

Coins may be struck, according to convenience, of multiples, and submultiples, of the unit, not decimal.

Gold to be the standard.

497. The monetary standard shall be gold only.

The principle of a double standard is illogical. It assumes that law can make a relation permanent which nature has made variable. In defence of the double standard it has been argued by some authorities, and notably by Mr. Wolowski, at the international conference of 1867, that such a standard tends to maintain greater stability in the measure of value, by preventing a serious disturbance of prices on occasion of an abnormal scarcity of one or the other of the precious metals. Practically, however, 'where a double standard has existed, the effect has been to induce a debasement of the coinage in that metal of which the market value exceeds the legal. Accordingly, though at the time of the international conference of 1867 a double standard actually existed in a number of the States represented, the conference was unanimous in favor of a single standard; and though in all but two of these twenty States the existing standard was either silver, or both silver and gold, the conference pronounced with equal unanimity for gold only. This metal is recommended by its superiority of value over silver of equal bulk or weight, and its consequently greater portability, and by the fact that it is practically already, in Europe and America, the medium of all large monetary transactions.

The standard of fineness prescribed.

498. The standard quality, or degree of fineness, of the metal employed in coinage, shall be nine parts of pure gold to one part of alloy.

The existing diversity among the coins of different nations, as it respects alloy, is very great. For gold coins, the standard fineness above proposed has been adopted, by France, Belgium, Switzerland, Italy, the United States, Prussia, Bavaria and Spain; also by Austria, for her crown and half-crown, and by Holland, for her double William, and its submultiples. For her ducat and double ducat, Holland employs an alloy con