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 they remain unrepealed, except as to requirement of registration, under the new British code as adopted by the House of Commons.

In most countries playright in the case of dramatic or musical works is specifically covered in the copyright statutes or protected m connection with copyright, although in Austria, Russia, Denmark and Norway, in the case of music, special notice of reservation is required, while in Australia special reservation of the performing right must be made on publication in print of drama or music.

In general, performance is differentiated from publication, and while in some countries, as above indicated, publication in printed form, especially of a musical work, may waive the exclusive right of performance, performance is generally held not to constitute publication. This view is expressly set forth in the interpretation made at Paris, 1896, of the Berne convention of 1886, whereby section 2 of the interpretative declaration defines "published works" as "works actually issued to the public." "Consequently, the representation of a dramatic or dramatico-musical work, the performance of a musical work . . . do not constitute publication." The Berlin convention of 1908 repeats the same language in article 4, prefacing it with the definition that "by published works ( ' oevres pubiées ' ) must be understood, according to the present convention, works which have been issued ( ' oeuvres éditées ' )" — the English text here given being the official translation of the U. S. Copyright Office.

In most foreign countries which include musical compositions under subjects of copyright either as covered under "literary and artistic works" or by specific mention, the general principles as to arrangements and adaptations hold in such countries.