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[Copyright-Argentina]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS it is provided by the act of Congress approved March 4, 1909 (ch. 320, 35 Stat. 1075-1088) entitled "An act to amend and consolidate the acts respecting copyright", that the copyright secured by the act, except the benefits under section 1(e) thereof as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only upon certain conditions set forth in section 8 of the act, to wit:

"(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or

(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto"; and

WHEREAS it is provided by section 1(e) that the provisions of the act "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights"; and WHEREAS the President is authorized by section 8 to determine by proclamation made from time to time the existence of the reciprocal conditions aforesaid, as the purposes of the act may require; and

WHEREAS satisfactory official assurances have been received that on and after August 23, 1934, citizens of the United States will be entitled to obtain copyright for their works in Argentina which is substantially equal to the protection afforded by the copyright laws of the United States, including rights similar to those provided by section 1 (e);

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 musical 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 Independence of the United [SEAL] States of America the one hundred and fifty-ninth.

By the President:

WILLIAM PHILLIPS,

Acting Secretary of State.

FRANKLIN D. ROOSEVELT.

[No. 2095]

[Copyright-Spain]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS Section 8 of the act of Congress entitled "An Act to amend and consolidate the Acts respecting copyright", approved March 4, 1909 (eh. 320, 35 Stat. 1075), provides that the copyright secured by the act, except as to the benefits of section 1 (e) thereof as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only:

"(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or

"(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; er when such foreign state or nation is a party to an internationl agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto"; and

WHEREAS it is provided by section 1 (e) of the act that the provisions thereof "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composed is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights"; and

WHEREAS the President is authorized by the aforesaid section 8 to determine by proclamation made from time to time the existence of the reciprocal conditions aforesaid, as the purposes of the act may require; and

WHEREAS the President by proclamation dated April 9, 1910, did determine and declare that one of the alternative conditions specified in the aforesaid section 8 was then, and since July 1, 1909, had been, fulfilled in respect to the subjects of Spain and that the subjects of Spain were, and since July 1, 1909, had been, entitled to all the benefits of the aforesaid act other than the benefits of section 1 (e) thereof; and

WHEREAS satisfactory official assurance has been given that in Spain the law now grants to citizens of the United States rights similar to those accorded by the aforesaid section 1 (e) of the act of March 4, 1909:

Now, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do hereby declare and proclaim that on and after October 10, 1934, the conditions specified in sections 8 (b) and 1 (e) of the aforesaid act of March 4, 1909, will exist and be fulfilled in respect to nationals of Spain, and that on and after October 10, 1934, nationals of Spain shall be entitled to all the benefits of that 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 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 musical works, shall apply only to compositions published after July 1, 1909, and registered for copyright in the United States, and which have not been reproduced within the United States prior to October 10, 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 tenth day of October, in the year of our Lord nineteen hundred and thirty-four, and of the Independence of [SEAL] the United States of America the one hundred and fifty-ninth. FRANKLIN D. ROOSEVELT.

By the President:
CORDELL HULL,

Secretary of State.

[No. 2102]

COPYRIGHT

MULTILATERAL TREATIES

Convention on literary and artistic copyrights. ference of American States.)

(Second International Con

Signed at Mexico City January 27, 1902; ratification of the United States deposit with the Government of Mexico March 31, 1908; proclaimed by the President of the United States April 9, 1908.

Effective August 19, 1902; as to the United States June 31, 190S.

The countries in respect of which the convention is now in force as a result of ratification are the United States of America, Costa Rica, Dominican Republic, Guatemala, Honduras, Nicaragua, El Salvador, and Uruguay.

35 Stat., 1934.

Treaty Series, No. 491.

Malloy, Treaties, II, 2058.

Convention on literary and artistic copyright. (Fourth International Conference of American States.)

Signed at Buenos Aires August 11, 1910; ratification of the United States deposited with the Government of the Argentine Republic May 1, 1911; proclaimed by the President of the United States July 13, 1914.

Effective June 13, 1912.

The countries in respect of which the convention is now in force as a result of ratification or adherence are the United States of America, Bolivia, Brazil, Costa Rica, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Nicaragua, Panama, Paraguay, Peru, and Uruguay.

38 Stat. (pt. 2), 1785.
Treaty Series, No. 593.
Treaties, etc., III, 2925.
Charles, Treaties, III, 349.

Convention revising the convention of Buenos Aires regarding literary and artistic copyright. (Sixth International Conference of American States.)

[Signed by, but not in force as to, the United States.]

Adopted at Habana February 20, 1928.

The countries in respect of which the convention is now in force as a result of ratification are Panama and Guatemala.

Report of American Delegates to the Sixth International Conference of American States, p. 190.

Convention and protocol relating to the protection of literary and artistic works. (Revising the convention of Berne of September 9, 1886.)

[Not in force as to the United States; transmitted to the Senate for its advice and consent to adherence thereto.]

Signed at Berlin November 13, 1908; and at Berne March 20, 1914.

Article 27 of the convention signed at Rome June 2, 1928,' to which the United States is not a party, declares that it shall replace in the relations between the countries of the Union the convention of Berne of September 9, 1886, and the acts by which it has been successively revised. The parties to the 1908 and 1914 revisions which are not parties to the Rome revision are Austria, Australia, Belgium, Brazil, Czechoslovakia, Denmark, Estonia, France, Greece, Germany, Haiti, Irish Free State, Liberia, Luxembourg, Monaco, Morocco, Poland, Portugal, Rumania, Spain, Tunisia, and Yugoslavia.

Treaty Information, Bulletin No. 16, January, 1931, p. 47.

1 League of Nations Treaty Series, p. 217.

1 For text see Treaty Information, Bulletin No. 26, November, 1931, p. 14.

BILATERAL TREATIES

FRANCE. Arrangement effected by exchange of notes for reciprocal protection in China of literary and artistic property.

Signed at Peking December 26 and 27, 1911.

Effective December 27, 1911.

These arrangements were entered into in accordance with the act of Congress of March 4, 1909 (35 Stat., pt. 1, 1075; for proclamations of the President see 36 Stat., pt. 2, 2685, 39 Stat., pt. 2, 1725).

Treaties, etc., III, 2585.

HUNGARY.-Copyright convention.

Signed at Budapest January 30, 1912; ratifications exchanged September 16, 1912; proclaimed October 15, 1912.

Effective October 16, 1912.

Revived on May 27, 1922, by notice given by the United States in pursuance of Article 224 of the treaty of Trianon, concluded on June 4, 1920 (Treaties, etc., III, 3539), to the benefits of which the United States became entitled by the treaty of August 29, 1921, establishing friendly relations between the United States and Hungary, see ante, page 48.

37 Stat. (pt. 2), 1631. Treaty Series, No. 571. Treaties, etc., III, 2692.

ITALY.-Arrangement effected by exchange of notes relative to copyright.

Signed at Washington February 12, March 4 and 11, 1915.

Effective May 1, 1915.

These arrangements were entered into in accordance with the act of March 4, 1909 (35 Stat., pt. 1, 1075; for proclamations of the President see 36 Stat., pt. 2, 2685; 39 Stat., pt. 2, 1725).

Treaties, etc., III, 2705.

JAPAN. Copyright convention.

Signed at Tokyo November 10, 1905; ratifications exchanged May 10, 1906; proclaimed May 17, 1906.

Effective May 10, 1906.

34 Stat. (pt. 3), 2890. Treaty Series, No. 450.

Malloy, Treaties, I, 1037.

SPAIN.-Arrangement effected by exchange of notes relative to copyright.
Signed at Washington July 6 and 15, 1895.

Effective July 10, 1895.

Treaty Series, No. 342-A.

SPAIN.-Exchange of notes restoring copyright arrangement.

Signed at Madrid January 29, 1902, November 18 and 26, 1902.
Effective November 26, 1902.

Treaty Series, No. 474.

Malloy, Treaties, II, 1710.

By an act to amend and consolidate the acts respecting copyright, approved March 4, 1909 (35 Stat., pt. 1, 1075), copyright privileges may be extended to nationals of another country (ibid., 1077, sec. 8 b):

"When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto."

In accordance with this law, the President has, by proclamation, announced reciprocal copyright relations between the United States and the countries listed in the following table. With the countries are given in each case the date of the proclamation, the reference to its publication in the Statutes at Large, and the date of any earlier proclamation under which cases arising prior to the given proclamation date would be governed.

Reciprocal copyright relations

Country

Date of proc-
lamation

Statutes at
Large

Date of prior proclamation

Argentina..
Australia.

Austria.

Belgium..

Canada..

Chile.....

Costa Rica.

Cuba...

Czechoslovakia.

Danzig, Free City of..

Denmark..

Finland.

France..

Germany..

Great Britain.....

Greece.

Aug. 23, 1934
Apr. 3, 1918
May 25, 1922
Mar. 11, 1925
Apr. 9, 1910
June 14, 1911
Dec. 27, 1923
Nov. 18, 1925

Apr. 9, 1910
Apr. 9, 1910
Nov 27, 1911
Apr. 27, 1927
Apr. 7, 1934
Apr. 9, 1910 |
Dec. 9, 1920
Dec. 15, 1928
Apr. 9, 1910
May 24, 1918
Apr. 9, 1910
Dec. 8, 1910
May 25, 1922
Apr. 9, 1910
Jan. 1, 1915
Apr. 10, 1920
Feb. 23, 1932
June 3, 1922
Sept. 28, 1929
Apr. 9, 1910

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36 (pt. 2), 2685
39 (pt. 2), 1725

Oct. 31, 1892

June 3, 1922 | 42 (pt. 2), 2276

June 29, 1910

36 (pt. 2), 2716

June 4, 1911

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Apr. 9, 1910
Feb. 26, 1923

Feb. 9, 1917

May 25, 1922
Apr. 9, 1910
June 14, 1911
Sept. 29, 1933
Feb. 14, 1927
Apr. 9, 1910
May 14, 1928
Oct. 10, 1934
May 26, 1911
Feb. 27, 1920
Nov. 22, 1924

Oct. 4, 1912
June 26, 1924

1 Proclamation No. 1990. Not yet printed in Statutes at Large.

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See ante, p. 112.

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