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The Clarendon Convention.
Proposed Amendments. tioned above, as the case may be, one copy in the United States at the Library of Conof the best edition, printed and published gress at Washington. in the best state, in order to its being de- In every case the formality of registration posited at the place appointed for that pur- of title must be fulfilled in both countries pose in each of the two countries; that is before the publication of the work in the to say, in Great Britain at the British Mu- country where it originated; and the deseum at London, and in the United States posit of the work must take place within at the Department of State at Washington. three months after the first publication in
In every case the formality of deposit the other country. The stipulation in reand registration must be fulfilled within gard to registration of title shall also apply three months after the first publication of to the first number or part of works pubthe work in the other country. With re- lished serially or in parts; but with regard gard to works published in parts, the pe- to deposit of the work the period of three riod of three months shall not begin to run months shall not begin to run until the until the date of the publication of the last date of the publication of the last part. part, but the author or his representatives Copies certified of the entry of title in may, if they choose, register each part as a the Register's Book of the Company of separate work.
Stationers in London and of the deposit of A certified copy of the entry in the Re- the work at the British Museum shall congister's Book of the Company of Stationers fer, within the British dominions, the exin London shall confer within the British clusive right of republication, until a better dominions the exclusive right of republica- right shall have been established by any tion until a better right shall have been other party before a court of justice. established by any other party before a The certificate given under the laws of court of justice.
the United States, proving the registration The certificate given under the laws of of the title of any work in that country, the United States, proving the registration and of the deposit of the work at the Liof any work in that country, shall be valid brary of Congress at Washington, shall be for the same purpose throughout the terri- valid for the same purpose throughout the tories of the United States.
territories of the United States. A certificate or certified copy of the re- A certificate or certified copy of the registration of any work so registered in either gistration of any work so registered in either country shall, if required, be delivered at country shall, if required, be delivered, at the time of registration; and such certifi- the time of registration; and such certificate shall state the exact date at which the cate shall state the exact date at which the registration was made.
registration was made. The charge for the registration of a single The charge for the registration of printed work, under the stipulations of this article, title of a single work, under the stipulations shall not exceed one shilling in England, of this article, shall not exceed two shillings nor twenty-five cents in the United States; in England, nor fifty cents in the United and the further charge for a certificate of States; and the further charge for a certifisuch registration shall not exceed the sum cate of such registration shall not exceed of five shillings in England, nor one dollar the sum of two shillings in England, nor in the United States.
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 With regard to any article other than books, prints, maps, and musical publica- books, prints, maps, and musical publications, in respect to which protection may tions, in respect to which protection may be claimable under Article I. of the present be claimable under Article I. of the present convention, it is agreed that any other convention, it is agreed that any other mode of registration than that prescribed mode of registration than that prescribed in Article V., which is or may be applicable in Article V., which is or may be applicable by law in one of the two countries to any by law in one of the two countries to any work or article first published in such work or article first published in such councountry, for the purpose of affording pro- try, for the purpose of affording protection tection to copyright in such work or article, to copyright in such work or article, shall be shall be extended, on equal terms, to similar extended, on equal terms, to similar work or work or article first published in the other article first published in the other country. country.
ARTICLE VII. In order to facilitate the execution of the In order to facilitate the execution of present convention, the two high contract the present convention, the two high coning parties engage to communicate to each | tracting parties engage to communicate to The Clarendon Convention.
Proposed Amendments. other the laws and regulations which may each other the laws and regulations which hereafter be established in their respective may hereafter be established in their reterritories, with respect to copyright in spective territories, with respect to copyworks or productions protected by the stip- right in works or productions protected by ulations of the present convention.
the stipulations of the present convention.
ARTICLE VIII. The stipulations of the present conven- The stipulations of the present convention shall in no way affect the right which tion shall in no way affect the right which each of the two high contracting parties each of the two high contracting parties expressly reserves to itself of controlling or expressly reserves to itself of controlling of prohibiting, by measures of legislation or or of prohibiting, by measures of legislaof internal police, the sale, circulation, rep- tion or of internal police, the sale, circularesentation, or exhibition of any work or tion, representation, or exhibition of any production in regard to which either coun- work or production in regard to which try may deem it expedient to exercise that either country may deem it expedient to right.
exercise that right. ARTICLE IX. Nothing in this convention shall be con- Nothing in this convention shall be construed to affect the right of either of the strued to affect the right of either of the two high contracting parties to prohibit the two high contracting parties to prohibit importation into its own dominions, of such the importation into its own dominions, or books as by its internal law or under engage- the publication therein, of such books as ments with other states are or may be de- by its internal law or under engagements clared to be piracies or infringements of with other states are or may be declared to copyright.
be piracies or infringements of copyright.
ARTICLE X. The present convention shall come into The present convention shall come into operation from and after a day to be fixed operation from and after a day to be fixed upon by the two high contracting parties upon by the two high contracting parties on the exchange of the ratifications. Due on the exchange of the ratifications. Due notice shall be given beforehand in each notice shall be given beforehand in each country, by the government of that coun- country, by the government of that country, of the day which may be so fixed upon, try, of the day which may be so fixed upon, and the stipulations of the convention shall and the stipulations of the convention shall apply only to works or articles published apply only to works or articles published after that day.
after that day. The convention shall continue in force The convention shall continue in force for five years from the day on which it may for five years from the day on which it may come into operation; and if neither party come into operation; and if neither party shall, twelve months before the expiration shall, twelve months before the expiration of the said period of five years, give notice of the said period of five years, give notice of its intention to terminate its operation, of its intention to terminate its operation, the convention shall continue in force for a the convention shall continue in force for year longer, and so on from year to year, a year longer, and so on from year to year, until the expiration of a year's notice from until the expiration of a year's notice from either party for its termination.
either party for its termination; and at the The high contracting parties, however, expiration of such notice this convention reserve to themselves the power of making, shall cease; but any rights which shall by common consent, in this convention any have been conferred by it or acquired under modifications which may not be inconsistent it shall continue, subject to the laws of the with its spirit and principles, and which respective countries. experience of its working may show to be The high contracting parties, however, desirable.
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, The present convention shall be ratified, and the ratifications shall be exchanged at and the ratifications shall be exchanged Washington as as may be within at Washington as soon as may be within
The Clarendon Convention.
Proposed Amendments. twelve months from the date of its sig- twelve months from the date of its sig
nature. In witness whereof the respective pleni- In witness whereof the respective plenipotentiaries have signed the same, and have potentiaries have signed the same, and bave affixed thereto their respective seals. affixed thereto their respective seals. Done at Washington
Done at Washington
SYLLABUS OF THE FOREGOING AMENDED CONVENTION.
as manufactured in the former country.
When any work is published serially, or FROM and after the day on which ratifi- in parts—the title having been duly recations of this convention shall be ex- gistered before the original publication of changed, any subject of her Britannic Ma- the first part or number—the publication jesty, being the author or proprietor of any of the whole work in the country where work of literature or art, may secure the such registration is made may take place at exclusive right to multiply, publish, and any time until three months after the pubsell copies of such work in the United States, lication in the country of the author or proto the same extent, for the same time, and prietor is completed. upon the same conditions as are now or shall at any time be prescribed by the laws
ARTICLE II. of the United States for authors and pro- The high contracting parties agree to comprietors of such works who are citizens of municate each to the other any laws herethe United States; and any citizen of the after enacted by them affecting the subjects, United States, being the author or proprie- extent, or duration of copyright, or the tor of any such work, may secure the ex- terms or conditions of obtaining or exercisclusive right to multiply, publish, and sell ing it; and each of them expressly reserves copies of such work in the dominions of her the right to alter or modify its own laws on Britannic Majesty, to the same extent, for the subject; to control or prohibit the imthe same time, and upon the same conditions portation, manufacture, sale, circulation, ex. as are now or shall at any time be prescribed hibition, or representation of any work or by the laws of Great Britain for residents of class of works, as it may deem expedient. the United Kingdom: provided that the title of every such work shall have been duly registered for copyright in the author's name The present convention shall take effect according to sạch laws before its first publi- upon the exchange of the ratifications, and cation or sale in the country of such author shall continue in force for five years, and or proprietor; and provided, further, that until one year after one of the high conwithin six months after such registration tracting parties shall have given notice of of title the work shall have been manufac- its intention to terminate it; and at the extured and published in the country and by a piration of one year from the date of such subject or citizen of the country in which notice, this convention shall cease, but any such registration has been made; and any rights which shall have been conferred by book printed in one country from plates it or acquired under it shall continue, subimported from the other shall be regarded ject to the laws of the respective countries.
A SUGGESTION FROM MESSRS. HARPER & BROTHERS TO THE
DEPARTMENT OF STATE.
On the occasion referred to we assured NEW YORK, Vovember 25, 1878.
the British minister that there was no dis
inclination on the part of American pubThe Honorable
lishers to pay British authors the same as WILLIAM M. EVARTS,
they do American authors: in our opinion Secretary of State,
American publishers simply wished to be Washington, D. C.: assured that they should have the privilege DEAR SIR,—We see that the subject of of printing and publishing the books of international copyright is again occupying British authors, and we indicated to him public attention, and it is not unlikely that the likelihood of the acceptance by the there may be renewed attempts at legisla- United States of a treaty which should retion to secure such a law.
cognize the interests of all parties. It does not seem to us, however, that any We readily perceive that such a treaty action originated exclusively either in our might involve a waiver of the rights of country or in any foreign country would authors (and publishers who are the repreever be likely to result in the establishment sentatives of authors),* viewing copyright of international copyright. The various from the purely abstract point of absolute bills to accomplish the object which have inherent right, instead of a created right or been proposed from time to time in Con-conferred privilege, as declared in our act gress have conspicuously and, we think, relating to copyrights. But while there deservedly failed. The net result of all of might be this possible abandonment of abthem may be found in the report of Senator stract right implied in the obligation of Lot M. Morrill, in behalf of the joint Libra- the author or his representative to print ry Committee of Senate and House, made and publish in a foreign country, in order February 7, 1873, a copy of which we send to secure copyright in that country, there you by accompanying mail.* The various certainly would be no relinquishment of treaties that have been proposed between interests; and if a treaty could be formed our country and England have likewise to foster and protect the interests of au-' failed. The failure of all attempts of the thors and their representatives in all connkind, whether legislative or diplomatic, is tries, we might very well dispense with the due, we think, to the fact that all such consideration of any abstract question of propositions have originated from one side original and inherent rights of property. only, and without the prior joint consulta- Such discussion would be irrelevant to the tion and intelligent discussion of parties practical object in view. from both countries competent to consider Now, as the last proposition for an intei the question.
national copyright treaty came from EngThe last effort at a treaty, we believe, land, it would seem proper that the next was made by Great Britain in 1870. A draft proposition looking to such a measure should of this proposed treaty, by direction of Lord emanate from the United States, and to this Clarendon, was submitted to us by the Brit-end we make the following suggestion : ish minister, to ascertain our views as to That a commission or conference of eightwhether its provisions would, on the one een American citizens and British subjects, side, be likely to satisfy American authors in which the United States and Great Britand publishers, and, on the other, be accept- ain shall be equally represented, be apable to the people of the United States. A pointed respectively by our Secretary of 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 ests. Their interests, as a rule, are identical, treaty; and it seemed conclusive alike to us and can not be dissevered. Copyright is the and to the gentleman who was so strenu- mere form of legally enforcing and protecting ous an advocate of international copyright and privilege of publishing depend upon the
the exclusive right to publish ; but the right that the scheme was more in the interest of contract between author and publisher, and British publishers than either of British or whether the latter publishes as sole proprietor American authors. The correctness of this by assignment from the author, or by paying a view seemed to be admitted by Sir Edward royalty to the author, he is in effect the author,
and acts as his representative. We assume, Thornton. And we suppose that it was therefore, that in the consideration of copyright owing to these palpable defects that the the author and the publisher are one party-a consideration of the proposed treaty was distinct unit.
+ “An Act for the encouragement of learning not urged upon our government.
by securing the copies of maps, charts, and
books to the authors and proprietors of such * Printed in Harper's Magazine for May, 1873. copies during the times therein mentioned."
State and by the British Secretary of State naturally be followed by corresponding for Foreign Affairs, who shall be invited treaties with other countries. jointly to consider and present the details In view of the attention we have hiiherof a treaty to be proposed by the United to bestowed upon international copyright, States to Great Britain. We further sug- and (in the absence of international copygest that in each country the commission right) of our long-continued and pleasant should be composed of three authors, three relations with British authors and publishpublishers, and three publicists. Shoulders, we venture to present these suggestions this commission devise such measures and for your consideration. present such a report jointly to their re- We have the honor to remain, dear Sir, spective governments as would lead to an With sincere respect, international copyright treaty between the
Your obedient servants, United States and Great Britain, it would
HARPER & 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 1873. AN ACT TO SECURE A COPYRIGHT TO FOR- a foreign country or in the United States; EIGN AUTHORS AND ARTISTS. prorided, That upon the first publication of
such original work the author shall have Be it enacted by the Senate and House of Rep- announced on its title-page his intention of resentatires of the United States of America, in translating it, and the original work shall Congress assembled :
have been registered in the office of the Li-. SECTION 1. That any author and artist brarian of the Congress of the United States, who is not a citizen of the United States and a copy of it shall have been deposited may secure a copyright for his or her work, in the Library of Congress within one month in accordance with the regulations of the after its first publication in a foreign counUnited States Copyright Act; provided such try for copyright in accordance with the author and artist shall manufacture and regulations of the United States Copyright publish said works in the United States. Act: and provided, also, That the author
SEC. 2. That any author who is not a cit- shall manufacture and publish the translaizen of the United States may secure the tion of his or her work in the United States. right of translation of his or her work, SEC. 3. This act shall take effect from the whether the original work be published in date of its passage.
EXTRACTS FROM MR. WILLIAM H. APPLETON'S LETTER TO
THE “ LONDON TIMES." To the Editor of the London Times :
the enemies of an international copyright ...... In your editorial strictures upon this law in the United States is a batch of Engquestion of the 14th of October you remark: lish newspapers after one of your periodical "We do not suppose any thing which could explosions upon the subject. I am happy, be said will alter the settled determination however, to note that there are signs of of the Americans," etc. There is no settled amendment in this particular...... determination in the United States to with- It is taken for granted all round in this hold justice from English authors in respect discussion that the Americans are opposed of property in their works. As an Ameri- to an international copyright law. On can publisher of large experience, I am in what evidence? That England has proffavor of an international copyright law, fered it, and we have rejected it-perhaps and I believe that this conviction is shared over and over again. But this only proves by a large number, if not a majority, of my that we object to certain forms of it. I fellow-citizens.
deny that the Americans have ever rejected That this feeling has found but partial an author's international copyright law expression hitherto, and that no overtures from you, or ever had a chance to. If Enghave come from us, is due, more than you land has offered to the United States a probably suspect, to the manner in which treaty shaped for the simple protection of the English press has chosen to deal with her authors in that country, it is a diplothe subject. The most effective weapon of Imatic secret, and I can assure you the