other reproducing companies are paying royalty upon this subject, and, it seems rather late in the day for you to become the exception. Yours very truly, G. RICORDI & Co. (INC.), Managing Director. G. RICORDI & Co., New York City. NEW YORK, December 24, 1924. Gentlemen: Replying to your favor of the 18th instant, re Core 'ngrato, by S. Cardillo, we note what you say in reference to the copyright situation. We do not see how you can claim royalties on records we made from the sheet music of this composition published and copyrighted by John Giorno. If this composition is entitled to royalties, it seems to us that the royalties would belong to Giorno. That other record companies pay royalties on this composition to you may be due to the fact that they used your published sheet music. However that may be, the fact that they do pay royalties is in no way binding upon us. Undoubtedlo we ourselves now and then pay royalties on compositions that are not entitled to them, but in the present muddled condition of the copyright situation it is very difficult to be always right. Very truly yours, BRUNSWICK RECORDING LABORATORIES. DECEMBER 26, 1924. DEAR SIRS: We have your letter of the 24th instant. It is immaterial to us whether you pay Mr. Giorno or ourselves. The ultimate end of the cash will be the same; so, why not pay Mr. Giorno? Kindly let us know your intentions in the matter. Yours very truly, G. RICORDI & Co. (INC.), Managing Director. NEW YORK, December 30, 1924. G. RICORDI & Co., New York City. GENTLEMEN: As the royalties on our records of the composition Core' Ngrato amount to date to less than $30, we will be glad to pay the same if you will be courteous enough to furnish us with what evidence you have on hand that the composer, S. Cardillo, was domiciled in the United States at the time the composition was published. We ask you this because, as we have already written you, the copyright office has advised us that Mr. Cardillo's domicile was Italy at the time the claim to copyright was filed. Very truly yours, BRUNSWICK RECORDING LABORATORIES, JANUARY 5, 1925. The BRUNSWICK-BALKE-COLLENDER Co., New York, N. Y. DEAR SIRS: Referring to your letter of the 30th of December, with regard to Core 'ngrato, we beg to inclose herewith a statement in affidavit form, which certifies that Mr. S. Cardillo, the composer of the above composition, has been living continuously in this country since 1904. Awaiting the settlement of the royalty account, we are, Yours very truly, G. RICORDI & Co. (INC.), Managing Director. NEW YORK, January 9, 1925. G. RICORDI & Co., New York City. In re Core 'ngrato. DEAR SIRS: We thnak you for your favor of the 5th January, with inclosure as therein stated. 1 Inasmuch as we used the publication of John Giorno in our recording of Core 'ngrato, we are herewith inclosing for Mr. Giorno's signature our usual form of permission (in duplicate), one copy of which we will thank you to have singed and returned to us. Upon its receipt, we will be pleased to give the matter of the payment of royalties our attention. Very truly yours, BRUNSWICK RECORDING LABORATORIES. LIBRARY OF CONGRESS, COPYRIGHT OFFICE NEW COPYRIGHT TREATIES NEGOTIATED BY THE UNITED STATES PAN AMERICAN COPYRIGHT CONVENTION The text of the Pan American copyright treaty of 1902 is here reprinted in response to inquiries, from the official English text. The treaty was signed at the City of Mexico by the plenipotentiaries of 17 countries, including those of the United States, on January 27, 1902. Ratifications of the convention have since been deposited with the Mexican Government by Guatemala, on April 25, 1902; by Salvador, on May 19, 1902; by Costa Rica, on June 28, 1902; by Honduras, on July 4, 1904; by Nicaragua, on August 13, 1904; and by the United States, on March 31, 1908. According to the provisions of article 15 this treaty went into effect as between the United States and the countries enumerated on July 1, 1908. TREATIES WITH JAPAN FOR PROTECTION IN CHINA AND KOREA Treaties were signed on May 19, 1908, with Japan, which provide for reciprocal protection to Japanese subjects and American citizens for their inventions, copyrights, trade-marks, etc., in China and in Korea. These treaties went into effect on August 16, 1908. Full texts are printed below. I SECOND PAN AMERICAN CONVENTION, 1902 CONVENTION BETWEEN THE UNITED STATES AND OTHER POWERS ON LITERARY AND ARTISTIC COPYRIGHTS Signed at the City of Mexico, January 27, 1902. Ratification advised by the Senate, January 31, 1908. Ratified by the President, March 16, 1908. Ratification of the United States deposited with the Government of Mexico, March 31, 1908. Proclaimed, April 9, 1908. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a convention on literary and artistic copyrights between the United States of America and the Argentine Republic, Bolivia, Colombia, Costa Rica, Chile, the Dominican Republic, Ecuador, Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Paraguay, Peru, and Uruguay was concluded and signed by their respective plenipotentiaries at the City of Mexico on the twenty-seventh day of January, one thousand nine hundred and two. the original of which convention being in the English, Spanish, and French languages is word for word as follows: Who, after having communicated to each other their respective full powers and found them to be in due and proper form, excepting those presented by the representatives of Their Excellencies the Presidents of the United States of America, Nicaragua, and Paraguay, who 'act "ad referendum,” have agreed to celebrate a convention on literary and artistic copyrights, in the following terms: ART. 1. The signatory States constitute themselves into a Union for the purpose of recognizing and protecting the rights of literary and artistic property, in conformity with the stipulations of the present convention. ART. 2. Under the term "Literary and artistic works" are comprised books, manuscripts, pamphlets of all kinds, no matter what subject they may treat of and what may be the number of their pages; dramatic or melodramatic works; choral music and musical compositions, with or without words, designs, drawings, paintings, sculpture, engravings, photographic works; astronomical and geographical globes; plans, sketches, and plastic works relating to geography or geology, topography, or architecture, or any other science; and finally, every production in the literary and artistic field, which may be published by any method of impression or reproduction. ART. 3. The copyright to literary or artistic work consists in the exclusive right to dispose of the same, to publish, sell, and translate the same, or to authorize its translation, and to reproduce the same in any manner, either entirely or partially. The authors belonging to one of the signatory countries or their assigns shall enjoy in the other signatory countries, and for the time stipulated in art. 5th the exclusive right to translate their works or to authorize their translation. ART. 4. In order to obtain the recognition of the copyright of a work, it is indispensable that the author or his assigns, or legitimate representative, shall address a petition to the official department which each government may designate, claiming the recognition of such right, which petition must be accompanied by two copies of his work, said copies to remain in the proper department. If the author or his assigns should desire that his copyright be recognized in any other of the signatory countries, he shall attach to his petition a number of copies of his work equal to that of the countries he may therein designate. The said department shall distribute the copies mentioned among those countries, accompanied by a copy of the respective certificate, in order that the copyright of the author may be recognized by them. Any omissions which the said department may incur in this respect shall not give the author or his assigns any rights to present claims against the State. ART. 5. The authors who belong to one of the signatory countries, or their assigns, shall enjoy in the other countries the rights which their respective laws at present grant, or in the future may grant, to their own citizens, but such right shall not exceed the term of protection granted in the country of its origin. For the works composed of several volumes, which are not published at the same time, as well as for bulletins or installments of publications of literary or scientific societies, or of private parties, the term of property shall commence to be counted from the date of publication of each volume, bulletin, or installment. ART. 6. The country in which a work is first published shall be considered as the country of its origin, or, if such publication takes place simultaneously in several of the signatory countries, the one whose laws establish the shortest period of protection shall be considered as the country of its origin. ART. 7. Lawful translations shall be protected in the same manner as original works. The translators of works in regard to which there exists no guaranteed right of property or the right of which may have become extinguished may secure the right of property for their translations as established in article 3, but they shall not prevent the publication of their translations of the same work. ART. 8. Newspaper articles may be reproduced, but the publication from which they are taken must be mentioned and the name of the author given if it should appear in the same. ART. 9. Copyright shall be recognized in favor of the persons whose names or acknowledged pseudonymns are stated in the respective literary or artistic work, or in the petition to which article 4 of this convention refers, excepting case of proof to the contrary. ART. 10, Addresses delivered or read in deliberative assemblies, before the courts of justice and in public meetings, may be published in the newspaper press without any special authorization. ART. 11. The reproduction in publications devoted to public instruction or chrestomathy, of fragments of literary or artistic works, confers no right of property, and may therefore be freely made in all the signatory countries. ART. 12. All unauthorized indirect use of a literary or artistic work, which does not present the character of an original work, shall be considered as an unlawful reproduction. It shall be considered in the same manner unlawful to reproduce, in any form, an entire work, or the greater part of the same, accompanied by notes or commentaries, under the pretext of literary criticism, or of enlargement or complement of an original work. ART. 13. All fraudulent works shall be liable to sequestration in the signatory countries in which the original work may have the right of legal protection, without prejudice to the indemnities or punishments, to which the falsifiers may be liable according to the laws of the country, in which the fraud has been committed. ART. 14. Each one of the Governments of the signatory countries shall remain at liberty to permit, exercise vigilance over, or prohibit, the circulation, representation, and exposition of any work or production, in respect to which the competent authorities shall have power to exercise such right. ART. 15. The present convention shall take effect between the signatory States that ratify it three months from the day they communicate their ratification to the Mexican Government, and shall remain in force among all of them until one year from the date it is denounced by any of said States. The notification of such denouncement shall be addressed to the Mexican Government and shall only have effect in so far as regards the country which has given it. ART. 16. The Governments of the signatory States, when approving the present convention, shall declare whether they accept the adherence to the same by the nations who have had no representation in the second international American conference. In testimony whereof the plenipotentiaries and delegates sign the present convention and set thereto the seal of the second international American conference. Made in the City of Mexico on the twenty-seventh day of January, nineteen hundred and two, in three copies, written in Spanish, English, and French, respectively, which shall be deposited at the Department of Foreign Relations of the Government of the Mexican United States, so that certified copies thereof may be made, in order to send them through the diplomatic channel to the signatory States. And whereas, it is provided by its article 15 that the said convention "shall take effect between the signatory States that ratify it, three months from the day they communicate their ratifications to the Mexican Government;" And whereas the said convention has been ratified by Guatemala, Salvador, Costa Rica, Honduras, and Nicaragua, and their ratifications were deposited with the Government of Mexico respectively as follows: April 25, 1902; May 19, 1902; June 28, 1903; July 4, 1904; and August 13, 1904; And whereas the ratification of the said convention by the United States was deposited with the Government of Mexico on March 31, 1908; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof,I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the city of Washington this ninth day of April, in the year of our Lord one thousand nine hundred and eight, and of the Independence of the United States of America the one hundred and thirty-second. THEODORE ROOSEVELT. [SEAL.] II TREATY BETWEEN THE UNITED STATES AND JAPAN FOR THE PROTECTION OF TRADE-MARKS, ETC., IN CHINA Signed at Washington May 19, 1908. Ratification advised by the Senate May 20, 1908. Ratified by the President June 2, 1908. Ratified by Japan August 3, 1908. Ratifications exchanged at Tokyo August 6, 1908. Proclaimed August 11, 1908. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a convention between the United States of America and the Empire of Japan providing for reciprocal protection in China for the inventions, designs, trade-marks, and copyrights of their respective citizens and subjects, was concluded and signed by their respective plenipotentiaries at Washington on the nineteenth day of May, one thousand nine hundred and eight, the original of which convention is word for word as follows: The President of the United States of America and His Majesty the Emperor of Japan being desirous to secure in China reciprocal protection for the inventions, designs, trade-marks, and copyrights of their respective citizens and subjects have resolved to conclude a convention for that purpose and have named as their plenipotentiaries, that is to say: The President of the United States of America, Robert Bacon, Acting Secretary of State of the United States; and His Majesty the Emperor of Japan, Baron Kogoro Takahira, Shosammi, grand cordon of the Imperial Order of the Rising Sun, his ambassador extraordinary and pleniopotentiary to the United States of America; Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following articles: ART. I. Inventions, designs and trade-marks duly patented or registered by citizens or subjects of one high contracting party in the appropriate office of the other contracting party shall have in all parts of China the same protection against infringement by citizens or subjects of such other contracting party as in the dominions and possessions of such other contracting party. ART. II. The citizens or subjects of each of the two high contracting parties shall enjoy in China the protection of copyright for their works of literature and art as well as photographs to the same extent as they are protected in the dominions and possessions of the other party. ART. III. In case of infringement in China by a citizen or subject of one of the two high contracting parties of any invention, design, trade-mark, or copy right entitled to protection in virtue of this convention the aggrieved party shall have in the competent territorial or consular courts of such contracting party the same rights and remedies as citizens or subjects of such contracting party. ART. IV. Each high contracting party engages to extend to the citizens or subjects of the other contracting party the same treatment in China in the matter of protection of their commerical names as they enjoy in the dominions and possessions of such contracting party under the convention for the protection of industrial property signed at Paris March 20, 1883. "Hong" marks shall be considered to be commercial names for the purpose of this convention. ART. V. Citizens of possessions belonging to the United States and subjects of Korea shall have in China the same treatment under the present convention as citizens of the United States and subjects of Japan respectively. ART. VI. It is mutually agreed between the high contracting parties that the present convention shall be enforced so far as applicable in any other country in which either contracting party may exercise extraterritorial jurisdiction. All rights growing out of the present convention shall be recognized in the insular and other possessions and leased territories of the high contracting parties and all legal remedies provided for the protection of such rights shall be duly enforced by the competent courts. ART. VII. Any person amenable to the provisions of this convention who possesses at the time the present convention comes into force merchandise bearing an imitation of a trade-mark owned by another person and entitled to protection under said convention shall remove or cancel such false trade-mark or withdraw such merchandise from market in China within six months from the, date of the enforcement of this convention. |