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IN REGARD TO INTERNATIONAL COPYRIGHT TREATY BETWEEN

GREAT BRITAIN AND THE UNITED STATES.

CONVENTION PROPOSED (1870) BY LORD CLARENDON,

WITH AMENDMENTS PROPOSED IN AMERICA.

THE CLARENDON CONVENTION. PROPOSED AMENDMENTS. ARTICLE I.

ARTICLE I. From and after the date on which, ac FROM and after the date on which, according to the provision of Article XI., cording to the provision of Article XI., the the present convention shall come into present convention shall come into operaoperation, the authors of works of litera- tion, the subjects or citizens of either of the ture or of art, to whom the laws of either two countries to whom the laws of their of the two countries do now or may here- own country do now or may hereafter give, after give the right of property or copy- as authors or proprietors of works of literaright, shall be entitled to exercise that right ture or art, the right of copyright or propin the territories of the other of such coun- erty, shall be entitled to exercise that right tries for the same term and to the saine ex- in the territories of the other of such countent as the authors of works of the same tries for the same term and to the same exnature, if published in such other country, | tent as the authors or proprietors of works would therein be entitled to exercise such of the same nature, if published in such othright; so that the republication or piracy er country, would therein be entitled to exin either country of any work of literature ercise such right; provided that the author or of art published in the other shall be of any work of literature manufactured and dealt with in the same manner as the re-published in the one country shall not be publication or piracy of a work of the same entitled to copyright in the other country nature first published in such other coun- unless such work shall be also manufactry; and so that such authors in the one tured and published therein, by a subject country shall have the same remedies be- or citizen thereof, within three months after fore the courts of justice in the other coun- its original publication in the country of the try, and shall enjoy the same protection author or proprietor; but this proviso shall against piracy and unauthorized republica- not apply to paintings, engravings, sculption as the law now does or may hereafter tures, or other works of art; and the word grant to authors in that country.

"manufacture" shall not be held to prohibit The terms “works of literature or of printing in one country from stereotype art,” employed at the beginning of this ar plates prepared in the other and imported ticle, shall be understood to comprise pub- for this purpose. lications of books, of dramatic works, of Authors and artists in the one country musical compositions, of drawing, of paint- who shall have complied with the proing, of sculpture, of engraving, of litho- visions of this treaty shall have the same graphy, and of other works whatsoever of remedies before the courts of justice in the literature and of the fine arts.

other country, and shall enjoy the same The lawful representatives or assigns of protection against piracy and unauthorized authors, composers, painters, sculptors, or republication, as the law now does or may engravers shall in all respects enjoy the hereafter grant to authors in that country. same rights which by the present conven The terms “works of literature or of tion are granted to the authors, composers, art,” employed at the beginning of this ar. painters, sculptors, or engravers themselves. ticle, shall be understood to comprise pub

lications of books, of dramatic works, of musical compositions, of drawing, of painting, of sculpture, of engraving, of lithography, and of other works whatsoever of

literature and of the fine arts. ARTICLE II.

ARTICLE II. The stipulations of the preceding article The stipulations of the preceding article shall also be applicable to the representa- shall also be applicable to the representations of dramatic works, and to the per- tions of dramatic works, and to the performance of musical compositions, in so far) formance of musical compositions, in so far

The Clarendon Convention.

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

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.

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

any other country. ARTICLE IV.

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

work or production of home origin.

ARTICLE V.

ARTICLE V. Neither authors nor their lawful repre- No person shall be entitled in either sentatives or assigns shall be entitled in country to the protection or copyright either country to the protection stipulated stipulated by the preceding articles, exby the preceding articles, nor shall copy-cept for works registered in the manner right be claimable in either country, unless following, that is to say: the work has been registered in the manner 1. If the author be a citizen of the United following, that is to say:

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 re- Company of Stationers in London. 2. If gistered at the Hall of the Company of Sta- the author be a subject of Her Britannio tioners in London.

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 minions of her Britannic Congress in Washington. Majesty,

ku. Worbe registered at the De- No person shall be entitled to such propartmen:Rvk State in Washington.

tection 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

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.

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.

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.

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 IX.

ARTICLE X.

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.

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

soon

nature.

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.

ARTICLE I.

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.

ARTICLE III.

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