New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-02
COPYRIGHT TAKES EFFECT.
A PROCLAMATION BY THE PRESIDENT.


THE NEW LAW APPLIES TO THE PEOPLE OF
BELGIUM, FRANCE. GREAT BRITAIN AND
swITZERLAxD-MR. MORRIS REPORT
Washington. July 1.-The President to-day is
ued the following proclamation:
Whereas, 1t is provided by section IL OF the act Of
Congress OF March g. 1884, entitled An act to omepa
rs 80 NAPIER OF ne eoryres that said act
shall only apply to citizen or snb}sct OF natien
ssS or neS ao. when ne s nT nd States America the
b e, own Si 0S ras on or eS suSh foreign State
provides for reSPESC in the 4Se Fn IT aes Of
America NAV, at It's pleasure. become party 10 sue"
Whereas: It is also provided by said section
that the existence Of either of the conditions s'2T r
s be detenned by the ede LENT S5 ns s as e
puPSsSs Of this act may qS Ca
De %nS1S Ssn that ui IN Belgium France Britain
and the British possessions and s%aersnd Ine s 0
Copyright on substantially the same basis as TO the
Now theTefore l. BENJAMIN Harrison, President of
the United States of America, do declare ana proclaim
That the rs Of the conditions SPse nscd 1G S
to the citizens or subjects of Belgium France "rea'
Britain and Switzerland. -. - ,.uo
and caused the seal of Che United states 70 be AIMED
Done at the city of Washington tina mrs.
day Of July one thousand, eight hundred
(seal and ninety One, and Of the ndepe9dence o.
United
fifteenth BENJAMIN HARRISON.
By the President; William F. Wharton Acting Seore
tary Of State.
The proclamation is preceded by recital Of the
Copyright act passed by the last Congress- copy
of the circular letter to United States Ministers, and
an able and exhaustive report to the President pre-
pared by J. B. Moore, Third Assistant secretary Oh
state, interpreting the law and explaining WHY rs
operations are limited to the four countries pameu
in the proclamation, and why the nations pyT to
tha excluded
nation on that ground. Mr. Wharton the Acting
Secretary of State has also taken part in the CORE
spondence Mr. Moores report made directly to
the President on June 81. II says in part
The first in order of the conditions stated in section
that the act shall apply to the citizens or sue
jects of foreign State or nation when suTn i to
states of America the benefit OF copyrgn5 on SUI
stantially the basis as It's own cltzens. -,
The second condition is that the act shall apply
to the citizens or subjects of foreign state or nation
"when such foreign State or nation Is party 10 an
In the granting Of copyright by the terms Of which
agreement the United states of America may at us
ne terms Of the rst coHdion are clear have
not as yet presented any difficulty 81 es
and have given rise TO much discussion ana 10 %
interpretations. For convenience, we will consider the
second condition first.
Mr. Moore next describes succintly the formation at
Berne in 1856 of the international union nciuuhg hei
GUM, Germany. France, Liberia, spain Great Britain
Hayt italy, Switzerland and Tunis. Ihe tnlIeu
sign The convention Mr. Moore then goes on 10 say
BY the eighteenth article OF the Berne convention II
Is provided that countries which have nor onieu H.
lection to the rights Of which the convention treats
shall be admitted to accede theret9 on +bi
article completely satisfies the SECOND cono9 speyd
fled in Section 10 Of the act o. nartes to procS
nation by the President admitting their cluEens vi
subjects to participation In the BENEFITS OF ' tbs Remo
The argument that the sglaIollese u tne aCt
CONVENTION entitled 70 the dement's Oh our aC'
cession Of other Powers negiects ootn He th Co
feature of the second condition. as well as me iaet
of accession is prescribed namely, that the municipal
laws of the countries desiring TO accede must
legal protection 10 the rights WHEREOF TINS co
treats The act of March 3, 1891, inquest ABLY
does assure legal protection to the rights OF Whc Ie
rsItsiu limitations specified in the act. The most
important OF these limitations IS thst Iouhu IN oec,II
no or iit6oc1aph deposited to obtain copyright shall
be printed from type set within me units Vi me
e,S dr.Ninrs on stone made within the limits OF the
limited states or from transfers made theretrOn
The proviSon as to typesettng, etc, In the Unipeu
States Was a weiehty one in the deliberations OF Con
gess upon the adoption Of the statute ana 60, tho
Conditional extension of It's benefits to the citizens OF
sDhiecs of foreign states could scarcely have been
me nnsjton Of extending those benefits 10 the citizens
or subjects of foreign states. While our OWH Ci'iIe
Gtion of lie repeal of very important provisions OF
our statute. The construction which we nave CON- ~
hated while extending the privileges OF ou law 10
th etyens nj foreign states would actually deprive
his Government Of the power TO exact Tor our clu5es
fhe privilege Of copyright in those states Rccofuhe
to this construction, International sgreemenl dor
reciprOcity In copyright might he framed WIN ue ue
Iberate design Of excluding the United states uIeSs
vel il the agreement contained spuiauQn 'na' p,g
countries than those signing might acceue' ~ WVnlu
he the duty of the President az once 10 proclaiI
the second condition of section - had Dgen Iui roe
in respect 10 the citizens Of the contracting parues'
and they would Immediately enjoy the 6enet OF COPY
right in this country , %h dfS+ai &I IL IN theirs If
tho parties 10 the Berne Convention snail DECIDE hdt
The legislation of the United states entteS TINS gov
eminent to the privilege of accession on ~; request
N he permitted to do So there will probably be no
difdcnltv in determining What should be done, A..
The first condition specified IN section 10 OF tne AZ
M whether this condition Is fulfilled Is entlreIy
,re levant 10 inquire whether the foreign law Is ue
same as our own. and grants COPYRIGHT as nssH anu
flly IN every particular Congress IN Acknowledging
Ia nrotec1nr the property of the author artist in
the products Of his intellect was not so lnlDeral as
t-renire that the foreign Jaw should oler s'iICu
Tccprocty by containing the same provisions a. onr
own.
Mr. Moore says that several countries have applied
for the benefits OF the under the first condition
The belgian law clearly falls within the first alena
tive condition as does the French law. and conse-
opently Belgium and France were Included IN the
nroclomation Great Britain was the third country
n annv and greater interest attached to her aphca
tior not only for the reason that She VIII be inc
greatest beneficiary under the recent act but also be
couse there was much dOub, as u whether her laws
dId NOT reopre the author TO in British possessions
as = condition of copyright, which condition would
roTe fatnI In her claim substantial equality In treat
rinert This first was satisfactorily cleared mp.
switzerland applied for the BENEFITS OF the law June
p6 under the first condition ana as MT. MOore SHOWS
as admitted upOn proof that her law was IN cOmph'
ance with that condition