Art. 13. La présente loi annule la loi portant modification à la loi et les règlements sur la Presse et tous les autres règlements contradictoires.

CHILE.

THE fundamental principle of the legislation affecting printed publications is set forth in paragraph 7 of Article 10 of the State Constitution, as follows:

"The Constitution guarantees to all inhabitants of the republic liberty to publish their opinions in the Press, without previous censorship, and immunity from punishment for abuse of this liberty except as the result of judicial proceedings by which the abuse is previously determined by a jury and the case dealt with and decided upon in accordance with the law."

The law of the 17th September, 1872, was promulgated in conformity with this constitutional principle.

Juries have been very lenient in their decisions in the few proceedings that have occurred through abuses of the liberty of the Press, and a publication has rarely been condemned. On very rare occasions when the freedom of the Press has been abused in anti-social and anti-national campaigns, the printing presses concerned have been destroyed, and no responsibility for this destruction has been established.

LAW OF LITERARY AND ARTISTIC PROPERTY, JULY 24, 1834.

Article 1. The authors and originators of every kind of written matter, musical composition, painting, design, or sculpture, and, in fine, those persons to whom belongs the original idea of any work of literature or belles-lettres, shall have the exclusive right during their lifetime to sell their works, or cause them to be sold or circulated in Chile by means of printing, lithography, moulding, or any other method of reproducing or manifolding copies.

Art. 2. The testamentary and legitimate heirs of the above persons shall enjoy the same right for a period of five years, which may be extended to ten at the discretion of the Government, but should the Treasury be the heir, the right shall become public property.

Art. 3. The authors and their heirs may transfer their rights to any other person.

Art. 4. The owner of the manuscript of a posthumous work shall enjoy the exclusive rights of property in the same for a period of ten years, which cannot be extended, reckoned from the date of first publication, provided that he publishes it separately and not in a new edition of the writings already published in the lifetime of the author; in the latter case its treatment will be the same as that of the said works.

Art. 5. The holder of a posthumous manuscript containing corrections of a work by the same author which was published

during the latter's lifetime shall enjoy rights of ownership in it for a period of ten years, which shall not be extended, provided that the holder submits the said manuscript to the judicial authorities within the year following the death of the author and proves himself to be the legal proprietor.

Art. 6. Foreigners who publish their works in Chile shall enjoy the same rights as Chilean citizens, and if the works are already published in another country and a new edition appear in Chile, they shall enjoy similar rights for a period of ten years.

Art. 7. Theatrical plays may not be produced in any theatre in Chile without the written permission of their author or his heirs, during the life of the former and the five years allowed to the latter.

Art. 8. When the author of a work is a collegiate body the property rights thereof shall be retained for a period of forty years, reckoned from the date of first publication.

Art. 9. The translators of any works and their heirs shall have the same rights as the authors and their heirs.

Art. 10. No title from the Government is required for entering into possession of the rights conferred in the foregoing articles, and it shall be sufficient if it is stated on the title page to whom the work belongs, after three copies of the work have been deposited at the Santiago Public Library.

Art. 11. The Government may grant exclusive rights, for a period not exceeding five years, to the reproducers of works of interest, provided that the editions are correct and presentable.

Art. 12. If the author or editor of a work should not desire to avail himself of this privilege and refrains from observing the formalities laid down in Article 10, the printer will be under the obligation to deliver the three copies to the Santiago Public Library.

Art. 13. Every printer will also be obliged to deposit at the same library two copies of every pamphlet, periodical or article which he may print, and to send one copy to the Ministry of the Interior and another to each public attorney (fiscal).

Art. 14. When the periods mentioned in the preceding articles. have expired, every work shall be regarded as public property, and everyone will at once have the right to trade with it as he thinks fit.

Art. 15. Should any person reprint, carve, or imitate the work of another, or contravene in any way the provisions of the present law, the party concerned may arraign him before the judge, who shall try him summarily in conformity with the laws in force regarding the assumption of another person's rights.

RÉSUMÉ OF LAW ON ABUSES OF FREEDOM OF THE PRESS.-
SEPTEMBER 17, 1872.

Article 2. In conformity with the present law, everyone who possesses a printing press shall insert in each copy of every publication the name of the owner and place, together with the date of such publication. Failure to comply with this regulation is punishable

with a fine of 50 dollars; if the name, place or date are altered the fine shall be 200 dollars.

Article 3. Three categories of abuse are recognised :

(1.) Outrage to public morality or religion.

(2.) Articles tending to undermine the credit or good name of a public official in his official capacity.

(3.) Articles defaming private persons.

Article 4. These abuses are to be examined by a jury, who may classify them in three grades, as follows:

:

(1.) Abuses meriting a fine of 50 dollars.
(2.) Abuses meriting a fine of 100 dollars.
(3.) Abuses meriting a fine of 300 dollars.

Article 5. In the case of accusations based on infringements of Article 3, paragraph 2, of the present law, the defendant will be allowed to offer proof of his allegations if they are directed against a public official in his official capacity, and if they are proved, no action will lie in respect of them; but, if the allegations are directed against the public official in his private capacity, no proof of them will be admitted.

Neither is proof admitted in the case of accusations based on infringements of Article 3, paragraph 3.

Article 6. Scientific or literary articles are not deemed to be abusive when their object is to investigate "scientific, literary or judicial truth."

Article 7. When an article offends public morality or impugns the character of a public official, the prosecution lies with the public Ministry concerned.

If the article is against a private person or persons, prosecution is in the hands of the individual attacked or his representative; if he is absent from Chile, his relatives may act on his behalf.

Article 8. The right of taking action against a printed attack expires at the end of seventy days from publication.

Article 10. The procedure established for all actions with regard to abuse of the freedom of the Press is as follows:

"All accusations brought forward must first be submitted to a jury of seven, who must declare by absolute majority whether there are grounds for an action.

Article 11. The accuser must present a copy of the offending article or articles.

Article 12. The Judge will cite, within twenty-four hours, the accuser and the publisher, and in their presence will choose (by lot) seven jurymen and three substitutes. These jurymen are to be

cited for the same day or at the latest, for the next day.

Articles 13 and 18. If this first jury decides that there are grounds for an action, the Judge will then summon accuser and accused, within twenty-four hours, to acquaint them of the jury's decision and again summon them for the following day for the purpose of

choosing a jury of nine and four substitutes, who are to give a definite decision.

Article 29. If the charge is proven, the fine which is imposed must be paid at once; if, however, the accused is insolvent, he is to be imprisoned for one day for each 5 pesos of the fine.

Article 34. No appeal can be made against the decisions of the first or second juries or of the Judge, except for nullity on the grounds of lack of citation of either party; or that the Court had assembled without its competent number.

Article 37. Printers publishing in the place where the trial is held, must insert all the records that the present law orders to be published.

Article 38. Every printer must also send to the Public Prosecutor of the place where his press is, one copy of each publication : two copies to the National Library, one to the Secretary of the Intendente, and one to the Ministry of the Interior. For infraction of this enactment a fine of 25 pesos is imposed.

CHINA.

THE PRESS LAW OF APRIL 2, 1914.

Article 1. Publication is the sale or circulation of books, pictures or any other literature, printed by machines, instruments, types, plates or any other mechanical devices.

Art. 2. Persons concerned in the publication are as follows:-
(1.) The writer.
(2.) The publisher.

(3.) The printer.

A writer is an author or a person who has the rights of the author.

The publisher is one who sells books, pictures or any other literature as a business enterprise. A writer or the successor to the right of authorship may be a publisher at the same time.

The printer is limited to a person who represents a printing establishment.

Art. 3. The books, pictures or other matters published should have the following particulars printed therein :—

(1.) The name and the native place of the author.

(2.) The name and the native place of the publisher and the date of publication.

(3.) The name and the native place of the printer, the date of printing, and also the name of the printing office, if the printing office has a name.

Art. 4. The book, picture or any other matter to be published should be submitted, before its circulation, to the Police authorities

within whose jurisdiction the publisher is a resident. In petitioning the Police authorities, the petitioner should enclose, for their use, a copy of the matter to be published, together with a second copy for the files of the Ministry of Interior.

Where the publication is issued by the State Department, by other Government organs or by the organs of the local self-governing body, a copy of the matter to be published should be forwarded to the Ministry of Interior to be kept on file, except in the case of publications consisting of records or reports connected with the functions of such Government or local organs.

Art. 5. When the authorities are petitioned as mentioned in the above article, the petition should be jointly signed by the writer and the publisher. If the matter to be published is not for sale, either the writer or the petitioner may sign singly. If the books, pictures or other matter to be published be not protected by the right of authorship, the publisher, on petitioning the authorities, should state the reason.

Art. 6. In the case of anything published in the name of a school, company, office, monastery, or any other public body, the petition to the authorities for its publication should be made in the name of the school, &c.

Art. 7. The publication of anything which is not claimed by an author shall only be allowed provided the publisher first advertises his intention in the official newspapers for a period of one year within which no claim of authorship is made.

Art. 8. In publishing anything in a series of issues each marked with a number or several numbers, the publisher should petition the authorities each time the matter is published.

Art. 9. If, when publishing second editions, some addition, omission or revision be made, if pictures be inserted or if explanatory notes be appended to the new edition, the publisher should again petition the authorities in accordance with the provisions of Article 4.

Art. 10. The provisions of Articles 3 and 4 are not applicable to the publication of correspondence, reports, regulations of associations or schools, family records, public statements, lectures, deeds, certificates, bills, advertisements, photographs, &c. If such publications violate the provisions of Articles 11 and 12, they shall be subject to the present law.

The provisions of this article shall be applicable to the reproduction of books or other ancient literature which has been entered in the catalogue of the Four Imperial Libraries or which has been approved by the Ministry of Education.

Art. 11. Literature, books or pictures which contain any one. of the following items shall be prohibited from being published:(1.) Anything which tends to misrepresent the form of the government.

(2.) Anything which tends to disturb the public peace. (3.) Anything which tends to demoralise the public.

(4.) Any statement which tends to incite the public, to plead in an unauthorised manner for criminals or for the accused