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The Clarendon Convention. turned above, as the case may be, one copy of the best edition, printed and published in tbe 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 regard 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 conrt 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

Pro2>08ed 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 published serially or in parts; but •with regard 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 conntry, 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 stipulations of the present convention.

ARTICLE VIII. The stipulations of the present convention shall in no way affect the right which each of the two high contracting parties expressly reserves to itself of controlling or of prohibiting, by measures of legislation or of internal police, the sale, circulation, representation, or exhibition of any work or production in regard to which either country may deem it expedient to exercise that right.

ARTICLE IX. Nothing in this convention shall be construed to affect the right of either of the two high contracting parties to prohibit the importation into its own dominions of such hooks as by its internal law or under engagements with other states are or may be declared to be piracies or infringements of copyright.

ARTICLE X.

The present convention shall come into operation from and after a day to be fixed upon by the two high contracting parties on the exchange of the ratifications. Due notice shall be given beforehand in each country, by the government of that country, of the day which may be so fixed upon, and the stipulations of the convention shall apply only to works or articles published after that day.

The convention shall continue in force for five years from the day on which it may come into operation; and if neither party shall, twelve months before the expiration of the said period of five years, give notice of its intention to terminate its operation, the convention shall continue in force for a year longer, and so on from year to year, until the expiration of a year's notice from either party for its termination.

The high contracting parties, however, reserve to themselves the power of making, by common consent, in this convention any modifications which may not be inconsistent with its spirit and principles, and which experience of its working may show to be desirable.

ARTICLE XI. The present convention shall be ratified, and the ratifications shall he exchanged at Washington as soon as may be within

Proposed Amendments. each 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 stipulations of the present convention.

ARTICLE VIII. The stipulations of the present convention shall in no way affect the right which each of the two high contracting parties expressly reserves to itself of controlling or of prohibiting, by measures of legislation or of internal police, the sale, circulation, representation, or exhibition of any work or production in regard to which either country may deem it expedient to exercise that right.

ARTICLE IX. Nothing in this convention shall he construed to affect the right of either of the two high contracting parties to prohibit the importation into its own dominions, or the publication therein, of such books as by its internal law or under engagements with other states are or may be declared to be piracies or infringements of copyright.

ARTICLE X.

The present convention shall come into operation from and after a day to he fixed upon by the two high contracting parties on the exchange of the ratifications. Dae notice shall be given beforehand in each country, by the government of that conntry, of the day which may be so fixed upon, and the stipulations of the convention shall apply only to works or articles published after that day.

The convention shall continue in force for five years from the day on which it may come into operation; and if neither party shall, twelve months before the expiration of the said period of five years, give notice of its intention to terminate its operation, the convention shall continue in force for a year longer, and so on from year to year, until the expiration of a year's notice from either party for its termination; and at the expiration 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.

The high contracting parties, however, reserve to themselves the power of making, by common consent, in this convention any modifications which may not be inconsistent with its spirit and principles, and which experience may show to be desirable.

ARTICLE XI.

The present convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as may be within

The Clarendon Convention. twelve months from the date of its sigoatnre.

In witucss whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals.

Done at Washington

Proposed Amendments. twelve months from the date of its signature.

In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals.

Done at Washington

SYLLABUS OF THE FOREGOING AMENDED CONVENTION.

ARTICLE I. From and after the day on which ratifications of this convention shall be exchanged, 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 sell 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 tho 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

as manufactured in the former country. When any work is published serially, or in parts—the title having been duly registered before the original publication of 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. 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 exercising it; and each of them expressly reserves 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. FRANKLIN SQUARE, NEw York, November 25, 1878. The Honorable WILLIAM M. Evarts, Secretary of State, Washington, D.C.:

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

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.

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 invitation, was present when Sir Edward Thornton 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.

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 authors 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 inter 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

* An error is sometimes made in considering authors and publishers as having separate inter. ests. Their interests, as a rule, are identical, and can not be dissevered. Copyright is the mere form of legally enforcing and protecting the exclusive Fo to publish; but the right and privilege of publishing depend upon the 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 learnin by securing the copies of maps, charts, an books to the authors and proprietors of such copies during the times therein mentioned."

State aud by the Britisli Secretary of State for Foreign Affairs, who shall bo invited jointly to consider and present the details of a treaty to be proposed by the United States to Great Britain. We further suggest that in each country the commission should be composed of three authors, three publishers, aud three publicists. Should this commission devise such measures and present such a report jointly to their respective governments as would load to an international copyright treaty between the United States and Great Britain, it would

naturally be followed by corresponding treaties with other countries.

In view of the attention we have hitherto bestowed upon international copyright, and (in the absence of international copyright) of our long-continued and pleasant relations with British authors and publishers, we venture to present theso suggestions for your consideration.

We have the honor to remain, dear Sir,
With sincere respect,

Your obedient servants,

HAKPER & BROTHERS.

BILL PROPOSED BY MR. WILLIAM H. APPLETON

and accepted by the Committee of Authors and Publishers when in conference before the Committee on the Library in 187:1.

AN ACT To SEcniK A Copyright To ForEign Authors And Artists.

Be it madid by the Senate and House of Representative* of the United States of America, in Congress assembled:

Section 1. That any author and artist who is not a citizen of the United States may secure a copyright for his or her work, in accordance with the regulations of the United States Copyright Act; provided such author and artist shall manufacture and publish said works in the United States.

Sec. 2. That any author who is not a citizen of the United States may secure the right of translation of his or her work, whether the original work be published in

a foreign country or in the United States' provided, That upon the first publication of such original work the author shall have announced on its title-page his intention of translating it, aud the original work shall have been registered in the office of the Librarian of the Congress of the United States, and a copy of it shall have been deposited in the Library of Congress within one month after its first publication in a foreign country for copyright in accordance with the regulations of the United States Copyright Act: and provided, also, That the author shall manufacture and publish the translation of his or her work in the United States. Sec. 3. This act shall take effect from the date of its passage.

EXTRACTS FROM MR. WILLIAM H. APPLETON'S LETTER TO THE "LONDON TIMES."

To the Editor of the London Times:

In your editorial strictures upon this

question of the 14th of October you remark: "We do not suppose any thing which could be said will alter the settled determination of the Americans," etc. There is no settled determination in the United States to withhold justice from English authors in respect of property in their works. As an American publisher of large experience, I am in favor of an international copyright law, and I believe that this conviction is shared by a large number, if not a majority, of my fellow-citizens.

That this feeling has found but partial expression hitherto, and that no overtures have come from us, is due, more than you probably suspect, to the manner in which the English press has chosen to deal with the subject. The most effective weapon of

the enemies of an international copyright law in the United States is a batch of English newspapers after one of your periodical explosions upon the subject. I am happy, however, to note that there are signs of

amendment in this particular

It is taken for granted all round in this discussion that the Americans are opposed to an international copyright law. On what evidence f That England has proffered it, and we have rejected it—perhaps over and over again. But this only proves that we object to certain forms of it. I deny that the Americans have ever rejected an author's international copyright law from you, or ever had a chance to. If England has offered to the United States a treaty shaped for the simple protection of her authors in that country, it is a diplomatic secret, and I can assure you the

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