The Clarendon Convention.

as the laws of each of the two countries are or shall be applicable in this respect to dramatic and musical works first publicly represented or performed therein.

It is understood that the protection stipulated by the present article is not intended to prohibit fair imitations or adaptations of dramatic works to the stage in England and the United States respectively, but is only meant to prevent piratical reproductions.

The question whether a work is an imitation or a piracy shall in all cases be decided by the courts of justice of the respective countries according to the laws in force in each.

ARTICLE III.

Proposed Amendments.

as the laws of each of the two countries are or shall be applicable in this respect to dramatic and musical works first publicly represented or performed therein.

ARTICLE III.

The importation into and the sale in either of the two countries of unauthorized copies of any work which is protected from piracy under Article I. of the present con

The importation into and the sale in either of the two countries of piratical copies of works which are protected from piracy under Article I. of the present convention are prohibited, whether such piratical cop-vention are prohibited, whether such unauies originate in the country where the work was published or in any other country.

ARTICLE IV.

thorized copies originate in either of the countries where the work is published or in any other country.

ARTICLE IV.

In the event of an infraction of the provisions of the foregoing articles, the pirated works or articles shall be dealt with in each country according to the laws which now exist or may hereafter exist in that country in respect to such works or articles, and the

In the event of an infraction of the provisions of the foregoing articles, the pirated works or articles shall be dealt with in each country according to the laws which now exist or may hereafter exist in that country in respect to such works or articles, and the person who may have committed such in-person who may have committed such infraction shall be liable in each country to the penalties and actions which are or may be prescribed by the laws of that country for such offenses committed in respect of a work or production of home origin.

ARTICLE V.

Neither authors nor their lawful representatives or assigns shall be entitled in either country to the protection stipulated by the preceding articles, nor shall copyright be claimable in either country, unless the work has been registered in the manner following, that is to say:

fraction shall be liable in each country to the penalties and actions which are or may be prescribed by the laws of that country for such offenses committed in respect of a work or production of home origin.

ARTICLE V.

No person shall be entitled in either country to the protection or copyright stipulated by the preceding articles, except for works registered in the manner following, that is to say:

1. If the author be a citizen of the United States, the printed title of the work must 1. If the work be one that has first ap-be registered in his name at the Hall of the peared in the United States, it must be registered at the Hall of the Company of Stationers in London.

Company of Stationers in London. 2. If the author be a subject of Her Britannic Majesty, the printed title of the work must 2. If the work be one that has first ap-be registered in his name at the Library of peared in the dinions of her Britannic Congress in Washington. Majesty, Worbe registered at the De

partmenRy State in Washington.

No person shall be entitled to such protection as aforesaid unless he shall have No person shall be entitled to such pro- duly complied with the laws and regulatection as aforesaid unless he shall have tions of the respective countries in regard duly complied with the laws and regula- to copyright. With regard to books, maps, tions of the respective countries in regard prints, or musical publications, no person to the work in respect of which such pro- shall be entitled to such protection unless tection may be claimed. With regard to he shall have delivered gratuitously one books, maps, prints, or musical publications, copy of the best edition, printed and pubno person shall be entitled to such protec-lished, for deposit at the place appointed tion unless he shall have delivered gratui- for that purpose; that is to say, in Great tously at one or other of the places men- | Britain at the British Museum at London, or

Proposed Amendments. in the United States at the Library of Congress at Washington.

In every case the formality of registration of title must be fulfilled in both countries before the publication of the work in the country where it originated; and the deposit of the work must take place within three months after the first publication in the other country. The stipulation in regard to registration of title shall also apply to the first number or part of works pub

The Clarendon Convention. tioned above, as the case may be, one copy of the best edition, printed and published in the best state, in order to its being deposited at the place appointed for that purpose in each of the two countries; that is to say, in Great Britain at the British Museum at London, and in the United States at the Department of State at Washington. In every case the formality of deposit and registration must be fulfilled within three months after the first publication of the work in the other country. With re-lished serially or in parts; but with regard gard to works published in parts, the period of three months shall not begin to run until the date of the publication of the last part, but the author or his representatives may, if they choose, register each part as a separate work.

A certified copy of the entry in the Register's Book of the Company of Stationers in London shall confer within the British dominions the exclusive right of republication until a better right shall have been established by any other party before a court of justice.

The certificate given under the laws of the United States, proving the registration of any work in that country, shall be valid for the same purpose throughout the territories of the United States.

A certificate or certified copy of the registration of any work so registered in either country shall, if required, be delivered at the time of registration; and such certificate shall state the exact date at which the registration was made.

The charge for the registration of a single work, under the stipulations of this article, shall not exceed one shilling in England, nor twenty-five cents in the United States; and the further charge for a certificate of such registration shall not exceed the sum of five shillings in England, nor one dollar in the United States.

ARTICLE VI.

With regard to any article other than books, prints, maps, and musical publications, in respect to which protection may be claimable under Article I. of the present convention, it is agreed that any other mode of registration than that prescribed in Article V., which is or may be applicable by law in one of the two countries to any work or article first published in such country, for the purpose of affording protection to copyright in such work or article, shall be extended, on equal terms, to similar work or article first published in the other country.

ARTICLE VII.

In order to facilitate the execution of the present convention, the two high contracting parties engage to communicate to each

to deposit of the work the period of three months shall not begin to run until the date of the publication of the last part.

Copies certified of the entry of title in the Register's Book of the Company of Stationers in London and of the deposit of the work at the British Museum shall confer, within the British dominions, the exclusive right of republication, until a better right shall have been established by any other party before a court of justice.

The certificate given under the laws of the United States, proving the registration of the title of any work in that country, and of the deposit of the work at the Library of Congress at Washington, shall be valid for the same purpose throughout the territories of the United States.

A certificate or certified copy of the registration of any work so registered in either country shall, if required, be delivered, at the time of registration; and such certificate shall state the exact date at which the registration was made.

The charge for the registration of printed title of a single work, under the stipulations of this article, shall not exceed two shillings in England, nor fifty cents in the United States; and the further charge for a certificate of such registration shall not exceed the sum of two shillings in England, nor fifty cents in the United States. The charge for certificate of deposit of the work shall not exceed two shillings in England, nor fifty cents in the United States.

ARTICLE VI.

With regard to any article other than books, prints, maps, and musical publications, in respect to which protection may be claimable under Article I. of the present convention, it is agreed that any other mode of registration than that prescribed in Article V., which is or may be applicable by law in one of the two countries to any work or article first published in such country, for the purpose of affording protection to copyright in such work or article, shall be extended, on equal terms, to similar work or article first published in the other country.

ARTICLE VII.

In order to facilitate the execution of the present convention, the two high contracting parties engage to communicate to

The Clarendon Convention. other the laws and regulations which may hereafter be established in their respective territories, with respect to copyright in works or productions protected by the stip-right in works or productions protected by ulations of the present convention. the stipulations of the present convention.

The Clarendon Convention.

Proposed Amendments.

twelve months from the date of its sig- twelve months from the date of its sig

as manufactured in the former country. When any work is published serially, or in parts-the title having been duly re

the first part or number-the publication of the whole work in the country where such registration is made may take place at any time until three months after the publication in the country of the author or proprietor is completed.

ARTICLE II.

FROM and after the day on which ratifications of this convention shall be ex-gistered before the original publication of changed, any subject of her Britannic Majesty, being the author or proprietor of any work of literature or art, may secure the exclusive right to multiply, publish, and sell copies of such work in the United States, to the same extent, for the same time, and upon the same conditions as are now or shall at any time be prescribed by the laws of the United States for authors and proprietors of such works who are citizens of the United States; and any citizen of the United States, being the author or proprietor of any such work, may secure the exclusive right to multiply, publish, and selling it; and each of them expressly reserves copies of such work in the dominions of her Britannic Majesty, to the same extent, for the same time, and upon the same conditions as are now or shall at any time be prescribed by the laws of Great Britain for residents of the United Kingdom: provided that the title of every such work shall have been duly registered for copyright in the author's name according to such laws before its first publication or sale in the country of such author or proprietor; and provided, further, that within six months after such registration of title the work shall have been manufactured and published in the country and by a subject or citizen of the country in which such registration has been made; and any book printed in one country from plates imported from the other shall be regarded

The high contracting parties agree to communicate each to the other any laws hereafter enacted by them affecting the subjects, extent, or duration of copyright, or the terms or conditions of obtaining or exercis

the right to alter or modify its own laws on the subject; to control or prohibit the importation, manufacture, sale, circulation, exhibition, or representation of any work or class of works, as it may deem expedient.

ARTICLE III.

The present convention shall take effect upon the exchange of the ratifications, and shall continue in force for five years, and until one year after one of the high contracting parties shall have given notice of its intention to terminate it; and at the expiration of one year from the date of such notice, this convention shall cease, but any rights which shall have been conferred by it or acquired under it shall continue, subject to the laws of the respective countries.

A SUGGESTION FROM MESSRS. HARPER & BROTHERS TO THE DEPARTMENT OF STATE.

FRANKLIN SQUARE,

NEW YORK, November 25, 1878.

The Honorable

WILLIAM M. EVARTS,

Secretary of State,

Washington, D. C.:

DEAR SIR,-We see that the subject of international copyright is again occupying public attention, and it is not unlikely that there may be renewed attempts at legislation to secure such a law.

It does not seem to us, however, that any action originated exclusively either in our country or in any foreign country would ever be likely to result in the establishment of international copyright. The various bills to accomplish the object which have been proposed from time to time in Congress have conspicuously and, we think, deservedly failed. The net result of all of them may be found in the report of Senator Lot M. Morrill, in behalf of the joint Library Committee of Senate and House, made February 7, 1873, a copy of which we send you by accompanying mail.* The various treaties that have been proposed between our country and England have likewise failed. The failure of all attempts of the kind, whether legislative or diplomatic, is due, we think, to the fact that all such propositions have originated from one side only, and without the prior joint consultation and intelligent discussion of parties from both countries competent to consider the question.

On the occasion referred to we assured the British minister that there was no disinclination on the part of American publishers to pay British authors the same as they do American authors: in our opinion American publishers simply wished to be assured that they should have the privilege of printing and publishing the books of British authors, and we indicated to him the likelihood of the acceptance by the United States of a treaty which should recognize the interests of all parties.

We readily perceive that such a treaty might involve a waiver of the rights of authors (and publishers who are the representatives of authors),* viewing copyright from the purely abstract point of absolute inherent right, instead of a created right or conferred privilege, as declared in our act relating to copyrights. But while there might be this possible abandonment of abstract right implied in the obligation of the author or his representative to print and publish in a foreign country, in order to secure copyright in that country, there certainly would be no relinquishment of interests; and if a treaty could be formed to foster and protect the interests of au- ' thors and their representatives in all countries, we might very well dispense with the consideration of any abstract question of original and inherent rights of property. Such discussion would be irrelevant to the practical object in view.

Now, as the last proposition for an inte national copyright treaty came from England, it would seem proper that the next proposition looking to such a measure should emanate from the United States, and to this end we make the following suggestion:

That a commission or conference of eighteen American citizens and British subjects, in which the United States and Great Britain shall be equally represented, be appointed respectively by our Secretary of

The last effort at a treaty, we believe, was made by Great Britain in 1870. A draft of this proposed treaty, by direction of Lord Clarendon, was submitted to us by the British minister, to ascertain our views as to whether its provisions would, on the one side, be likely to satisfy American authors and publishers, and, on the other, be acceptable to the people of the United States. A prominent member of the American International Copyright Association, by our invita- * An error is sometimes made in considering tion, was present when Sir Edward Thorn-authors and publishers as having separate interton read to us the draft of the proposed treaty; and it seemed conclusive alike to us and to the gentleman who was so strenuous an advocate of international copyright that the scheme was more in the interest of British publishers than either of British or American authors. The correctness of this view seemed to be admitted by Sir Edward Thornton. And we suppose that it was owing to these palpable defects that the consideration of the proposed treaty was not urged upon our government.

* Printed in Harper's Magazine for May, 1873.

ests. Their interests, as a rule, are identical, and can not be dissevered. Copyright is the mere form of legally enforcing and protecting and privilege of publishing depend upon the the exclusive right to publish; but the right contract between author and publisher, and whether the latter publishes as sole proprietor by assignment from the author, or by paying a royalty to the author, he is in effect the author, and acts as his representative. We assume, therefore, that in the consideration of copyright the author and the publisher are one party-a distinct unit.

"An Act for the encouragement of learning by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the times therein mentioned."