artistic works that may be published in either of the two nations, have deemed it convenient to conclude a special Convention to that effect, and have appointed as their Plenipotentiaries the following: His Majesty the King of Spain, Señor Don Antonio Diaz Miranda, his Chargé d'Affaires in the Republic of Equator; and

His Excellency the President of Equator, Señor Doctor Don José Peralta, Minister of State in the Department of ForeignAffairs:

Who, after having communicated to each other their respective full powers, and having found them in good and due form, have agreed on the following Articles :

ART. I. The authors of literary, scientific, and artistic works, published up to date, or which may in future be published, shall enjoy in each of the two countries, reciprocally, the privileges stipulated in the present Convention, as also all those conceded, or which may hereafter be conceded, by law in either State for the protection of works of literature, science, or art.

For the guarantee of the said privileges, the recovery of damages, and the prosecution of persons committing piracy, they shall have the same protection and the same legal redress conceded, or which may hereafter be conceded, to national authors in each of the two countries, whether by the special laws respecting intellectual property rights or by the general civil or criminal legislation.

The expression "literary, scientific, or artistic works" includes books, pamphlets, and any other writings; dramatic works or lyricodramatic productions with or without words; musical compositions and arrangements; chorographic works, works of drawing, painting, sculpture, and engraving; lithographs and illustrations; maps, photographs, and especially phototypes, plans, sketches, and plastic works relative to geography, topography, architecture, or sciences in general; and finally, any production in the sphere of literature, science, or art which may be published by any means of printing or reproduction.

II. The High Contracting Parties bind themselves to deliver mutually each quarter, through their Legations or other authorized channel, a list of the works in favour of which the authors or publishers may have protected, with the formalities prescribed by law, their own rights in their respective countries.

III. Whenever, in one of the two countries, judicial proof should be presented that the author, translator, or publisher, has protected his rights according to the formalities prescribed by the law of the country where it originated, it shall be sufficient proof to furnish a certificate, issued by the Minister of State for the Department of Public Instruction, in the case of Equator, and by the Minister of Public Instruction and Fine Arts in the case of Spain,

legalized respectively by the Department of Foreign Affairs or by the Department of State, and by the corresponding Diplomatic or Consular Representatives, according to circumstances.

Nevertheless, if the person enjoying the rights of proprietorship according to the laws of one country, has remitted, or should remit, to the corresponding Department of the other one or more copies of the work which occasions the proceeding, the presentation of the work and the proof of its authenticity, together with its appearing in the official list to which the first [sic] paragraph of the preceding Article refers, shall be considered sufficient proof, and there will be no necessity of sending the aforementioned certificate.

In any case, the fact of its appearing in the said list shall be sufficient, whenever there may be a complaint or claim on the part of authorized parties against the fraudulent character of a publication, to stop its circulation while the matter is being investigated.

IV. The stipulations of the first Article apply equally to the representation or execution, in either of the two States, of the dramatic or musical works of authors or composers of the other country.

V. The translation of national works or foreign works made by an author belonging to one of the two States are expressly considered as if of the same category as the original works. Translations shall, on this account, enjoy the protection stipulated by the present Convention for original works as far as concerns their unauthorized reproduction in the other State. It should, however, be clearly understood that the present Article has for its only object the protection of the translator respecting the version he may have made of the original work, and does not confer the exclusive right of translation to the first translator of any work written in a dead or living language.

VI. The subjects of either of the two countries, authors of original works, shall have the right to oppose the publication in the other country of all translations of said works not authorized by themselves; and this during the whole time which may have been conceded to them for the enjoyment of the exclusive literary, scientific, or artistic copyright concerning the original work; so that the publication of an unauthorized translation is equivalent in all respects to the illicit production of the work.

The authors of dramatic works shall enjoy reciprocally the same rights respecting the translations or performances of translations of their works.

VII. Equally prohibited are the indirect unauthorized appropriations, such as adaptations, imitations called bona fide, utiliza

* Identical with reference given in the original text.

tions, transcriptions of musical works, and, in general, all use made by the press or on the stage of dramatic or artistic works without the consent of the author.

VIII. It shall, however, be reciprocally permissible to publish, in either of the two countries, extracts or whole fragments, accompanied by explanatory notes, of the works of an author in the other country, in the original language or translated, as long as the source is indicated and they are destined for the purposes of teaching or study.

IX. Writings inserted in periodical publications, the rights of which have not been expressly reserved, may be reproduced by any other publications of the same class, but on the condition that the source from which the copy is taken is indicated.

X. The legal agents or representatives of authors, composers, and artists shall enjoy, reciprocally and in all respects the same rights as those which the present Convention concedes to authors, translators, composers, and artists.

XI. Literary, artistic, and scientific copyrights recognized by the present Convention shall be guaranteed to the authors, translators, composers, and artists, or to their assignees or legal representatives in each of the two countries during the whole time which the legislation of the country in which their works are produced allows for the copyright.

XII. All the necessary formalities having been complied with to insure in both States the copyright of a literary, scientific, or artistic work, its introduction, sale, or exhibition in either country shall be prohibited, unless with the permission of the authors, publishers, or proprietors.

XIII. Every edition or reproduction of a scientific, literary, or artistic work not made in conformity with the provisions of the present Convention shall be considered as a pirated work.

Any one who may have published, sold, offered for sale, or introduced into the territory of one of the two countries any pirated work or object shall be punished according to the laws in force in either of the two countries in the respective cases.

It is an aggravating circumstance of the piracy to vary the title of the work, or alter its text in order to publish it.

XIV. The provisions of the present Convention shall in no wise prejudice the right which belongs to both States to permit, watch, or prohibit, by means of legislature or police measures, the circulation, representation, or exhibition of every work or production with respect to which the competent authority may have to exercise this right.

The present Convention shall not conflict in any sense with the right of the one State or the other to prohibit the importation into its own territory of books which, in virtue of its internal laws or by

stipulations agreed upon with other Powers, are or may be declared to be pirated works.

XV. It is understood that the sale, execution, performances, or exhibitions of scientific, literary, or artistic works which, in virtue of this Convention, are prohibited, are those which shall be effected in public or for valuable consideration, and not those which may be effected by private individuals without the object of gain, such as private sale between persons not engaged in the sale of the works in question, or the private execution, performance, and exhibition in private houses of literary or artistic works.

XVI. The prohibition to reprint, publish, introduce, sell, perform, exhibit, or execute, in either of the two countries, works which have not been published by their authors or by authorization of the same, does not impose on the two States the obligation to see extra officially that the said prints, publications, sales, execution, exhibitions, or performances are prevented; but it is the duty of the interested parties, or their representatives, to denounce to the respective authorities the reprint, introduction, sale, &c., about to be made or already executed, so that by legal procedure and means the act in question may be impeded or punished. With this object the interested parties should have, in the two countries respectively, their agents furnished with ample powers.

XVII. The prohibition of the sale of works to which this Convention refers does not apply to those which, at the date of its promulgation in both countries, may already be publicly exposed for sale in either of them. To determine which these may be, at the petition of the interested party, they shall be marked by the authority which for that purpose may be appointed.

XVIII. Both States shall insure to each other mutually the treatment of the most favoured nation, that is to say, that if in any Convention for the protection of copyright for intellectual labours, greater advantages be conceded by one of them to a third Power, the other shall likewise enjoy equal advantages under the same conditions.

XIX. The present Convention shall be put in force two months after the exchange of the ratifications, and shall be binding for a period of six years, and remain in force until denounced by one or other of the High Contracting Parties and for one year after such denunciation.

Both Parties reserve, nevertheless, the right to introduce into it by common consent any modifications or amendment which experience may show to be expedient, and which may be compatible with its spirit and principles.

XX. The ratifications of the present Convention shall be exchanged at Quito or at Madrid as soon as possible.

In witness whereof the undersigned Plenipotentiaries have signed it in duplicate and affixed thereto their seals.

Done at Quito, the 30th day of June, in the year 1900.

(L.S.) A. DIAZ MIRANDA. (L.S.) J. PERALTA.

TREATY of Friendship and Commerce between the Kingdom of Sardinia and Morocco.-June 30, 1825.*

(Translation.)

ART. I. Perpetual peace and friendship is assured, together with the establishment in the Empire of a Consul of our own, who shall be chosen among our subjects.

II. The subjects of the two States shall carry on commerce by sea and land in complete security, without provoking molestation, opposition, or displeasure, and shall enjoy reciprocally in either State the same advantages as are accorded to the most favoured nation.

III. The Consuls and other Consular officials of one of the two States shall enjoy in the other the same advantages, favours, privileges, protection, and consideration as are enjoyed by those of the most favoured nation.

IV. Our subjects shall not be compelled to furnish cannon, gunpowder, or other munitions of war, and the vessels covered by our flag shall not be detained by force in the States of the Emperor of Morocco, nor be compelled to convey any articles from a specified port to any other port, except voluntarily.

V. The passports, "scontrini," and other papers of the same nature required by our subjects for verification and recognition by Morocco ships, or in the States of Morocco, shall be given by our Ministers only to our subjects.

The recognition of the vessels of the two Powers shall be effected by the exhibition of the "scontrino" or "contrassigno." Small fishing-vessels and the like shall, however, be excepted from this requirement.

On the exhibition of the "scontrino," the corsairs of the Emperor of Morocco, when they encounter at sea merchant-vessels under our flag, shall not detain them nor delay their voyage, nor shall they board them for the purpose of inspecting their cargo, or

As communicated in a Royal letter addressed to the Admiralty Council on the 6th October, 1825. The Treaty was concluded by the Sardinian Consul, Girolamo Ermirio, but there is nothing to show where it was signed.