Lapas attēli

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do declare and proclaim:

That on and after August 23, 1934, the conditions specified in section 8 (b) and 1 (e) of the act of March 4, 1909, will exist and be fulfilled in respect of the citizens of the Argentine Republic and that on and after August 23, 1934, citizens of the Argentine Republic shall be entitled to all the benefits of this act and acts amendatory thereof:

Provided, That the enjoyment by any work of the rights and benefits conferred by the act of March 4, 1909, and the acts amendatory thereof, shall be conditional upon compliance with the requirements and formalities prescribed with respect to such works by the copyright laws of the United States;

And provided further, That the provisions of section 1 (e) of the act of March 4, 1909, insofar as they secure copyright controlling parts of instruments serving to reproduce mechanically usical works shall apply only to compositions published after July 1, 1909, and registered for copyright in the United States which have not been reproduced within the United States prior to August 23, 1934, on any contrivance by means of which the work may be mechanically performed.

IN WITNESS 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 23d day of August, in the year

of our Lord nineteen hundred and thirty-four, and of the Inde(SEAL] pendence of the United States of America the one hundred and fifty-ninth.

FRANKLIN D. ROOSEVELT. By the President:

Acting Secretary of State.

[No. 2095]

British Order in Council Extending Copyright Protection to Unpublished Works of Citizens

of United States


Whereas by a Proclamation of the President of the United States of America, dated the 9th April, 1910, the benefits of the United States Act of 1909, entitled “An Act to Amend and Consolidate the Acts respecting Copyright,” were extended to the subjects of Great Britain and her possessions, but no provision was made therein for the protection of the musical works of British subjects against reproduction by means of mechanical contrivances:

And whereas His Majesty is advised that the Government of the United States of America has undertaken, upon the issue of this Order, to grant such protection to the musical works of British subjects:

And whereas by reason of these premises His Majesty is satisfied that the Government of the United States of America has made, or has undertaken to make, such provision as it is expedient to require for the protection of works entitled to copyright under the provisions of Part I of the Copyright Act, 1911:

And whereas by the Copyright Act, 1911, authority is conferred upon His Majesty to extend, by Order in Council, the protection of the said Act to certain classes of foreign works within any part of His Majesty's Dominions, other than self-governing dominions, to which the said Act extends:

And whereas it is desirable to provide protection within the said dominions for the unpublished works of citizens of the United States of America:

Now, therefore, His Majesty, by and with the advice of His Privy Council, and by virtue of the authority conferred upon him by the Copyright Act, 1911, is pleased to order, and it is hereby ordered, as follows:

1. The Copyright Act, 1911, including the provisions as to existing works, shall, subject to the provisions of the said Act and of this Order, apply

(a) to literary, dramatic, musical and artistic works the authors whereof were at the time of the making of the works Citizens of the United States of America, in like manner as if the authors had been British Subjects:

(b) in respect of residence in the United States of America, 'in like manner as if such residence had been residence in the parts of His Majesty's dominions to which the said Act extends.

Provided that

(i) The term of copyright within the parts of His Majesty's dominions to which this Order applies shall not exceed that conferred by the law of the United States of America: (ii) the enjoyment of the rights conferred by this Order shall be subject to the accomplishment of the conditions and formalities prescribed by the law of the United States of America:

(iii) in the application to existing works of the provisions of Section 24 of the Copyright Act, 1911, the commencement of this Order shall be substituted for the 26th July, 1910, in subsection 1 (b).

2. This Order shall apply to all His Majesty's Dominions, Colonies and Possessions, with the exception of those hereinafter named, that is to say:

The Dominion of Canada.
The Commonwealth of Australia.
The Dominion of New Zealand.
The Union of South Africa.

Newfoundland. 3. This Order shall come into operation on the 1st day of January, 1915, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of His Majesty's Treasury are to give the necessary Orders accordingly.

Almeric FitzRoy.

Explanation of Foregoing Order in Council
Rt. Hon. Arthur Balfour to Hon. W. H. Page.

[London] Foreign Office, S. W. 1, May 17, 1918. “Your Excellency:

With reference to your note no. 411 of March 20th, I have the honour to state that the object of the Order in Council of the 3rd February, 1915, was to provide pro ection within the Dominions to which the British Copyright Act extends for the unpublished works of citizens of the United States of America, and by the issue of such order, to obtain from the Government of the United States of America protection against reproduction by means of mechanical contrivances for the works of British subjects.

2. The operative part of the Order accordingly places American authors upon the same footing as British authors in respect of unpublished works, subject to certain conditions.

3. In the case of published works the copyright conferred by the British Act is dependent upon the place of publication of the work and not upon the nationality of the author; and the Order in Council contains no provision making first publication in the United States equivalent to first publication in the parts of His Majesty's Dominions to which the Act extends. * * * American authors, therefore, can still only obtain protection in this country for their published works by first (or simultaneous) publication in the parts of His Majesty's Dominions to which the Act extends, or in Allied or neutral countries belonging to the International Copyright Union under the provisions of the Order in Council under the Copyright Act relating to the foreign countries of the Union. Further, the publishers of books by American authors published in the United Kingdom must still comply with the requirements of section 15 of the Act as to deposit of copies in certain libraries. * * *»

For the Secretary of State (signed) Victor Wellesley.

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Copyright Convention Between the United States and

Other American Republics Signed at Buenos Aires, August 11, 1910; ratification advised by the Senate, February 15, 1911; ratified by the President, March 12, 1911; ratification of the United States deposited with the Government of the Argentine Republic, May 1, 1911; proclaimed July 13, 1914.



Whereas, a Convention on Literary and Artistic Copyright between the United States of America and the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela was concluded and signed by their respective plenipotentiaries at Buenos Aires on the eleventh day of August, one thousand nine hundred and ten, the original of which Convention, being in the Spanish, English, Portuguese and French languages, is word for word as follows:


LITERARY AND ARTISTIC COPYRIGHT Their Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela;

Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following Delegates duly authorized to approve the recommendations, resolutions, conventions and treaties which they might deem advantageous to the interests of America:

[Here follow the names of the respective delegates, omitted.]

Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following Convention on Literary and Artistic Copyright.

ARTICLE 1. The signatory States acknowledge and protect the rights of Literary and Artistic Property in conformity with the stipulations of the present Convention.

ARTICLE 2. In the expression “Literary and Artistic works” are included books, writings, pamphlets of all kinds, whatever may be the subject of which they treat, and whatever the number of their pages; dramatic or dramatico-musical works; choreographic works; musical compositions with or without words; drawings, paintings, sculpture, engravings; photographic works; astronomical or geographical globes; plans, sketches or plastic works relating to geography, geology or topography, architecture or any other science; and, finally, all productions that can be published by any means of impression or reproduction.

ARTICLE 3. The acknowledgment of a copyright obtained in one State, in conformity with its laws, shall produce its effects of full right in all other States without the necessity of complying with any other formality, provided always there shall appear in the work a statement that indicates the reservation of the property right.

ARTICLE 4. The copyright of a literary or artistic work, includes for its author or assigns the exclusive power of disposing of the same, of publishing, assigning, translating, or authorizing its translation and reproducing it in any form whether wholly or in part.

ARTICLE 5. The author of a protected work, except in case of proof to the contrary, shall be considered the person whose name or well known nom de plume is indicated therein; consequently suit brought by such author or his representative against counterfeiters or violators, shall be admitted by the Courts of the Signatory States.

ARTICLE 6. The authors or their assigns, citizens or domiciled foreigners, shall enjoy in the signatory countries the rights that the respective laws accord, without those rights being allowed to exceed the term of protection granted in the country of origin.

For works comprising several volumes that are not published simultaneously, as well as for bulletins, or parts, or periodical publications, the term of the copyright will commence to run, with respect to each volume, bulletin, part, or periodical publication, from the respective date of its publication.

ARTICLE 7. The country of origin of a work will be deemed that of its first publication in America, and if it shall have appeared simultaneously in several of the signatory countries, that which fixes the shortest period of protection.

ARTICLE 8. A work which was not originally copyrighted shall not be entitled to copyright in subsequent editions.

ARTICLE 9. Authorized translations shall be protected in the same manner as original works.

Translators of works concerning which no right of guaranteed property exists, or the guaranteed copyright of which may have been extinguished, may obtain for their translations the rights of property set forth in Article 3rd but they shall not prevent the publication of other translations of the same work.

ARTICLE 10. Addresses or discourses delivered or read before deliberative assemblies, Courts of Justice, or at public meeting, may be printed in the daily press without the necessity of any authorization, with due regard, however, to the provisions of the domestic legislation of each nation.

ARTICLE 11. Literary, scientific or artistic writings, whatever may be their subjects, published in newspapers or magazines, in any one of the countries of the Union, shall not be reproduced in the other countries without the consent of the authors. With the exception of the works mentioned, any article in a newspaper may be reprinted by others, if it has not been expressly prohibited, but in every case, the source from which it is taken must be cited.

News and miscellaneous items published merely for general information, do not enjoy protection under this convention.

ARTICLE 12. The reproduction of extracts from literary or artistic publi

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