Reference 34 Stat. 2890 35 Stat. 2044 3 UST 3169 5 UST 118 6 UST 2731 35 Stat. 2041 6 UST 2731 6 UST 2731 36 Stat. 2716 37 Stat. 1689 6 UST 2731 29 Stat. 877 36 Stat. 2685 67 Stat. C16 6 UST 2731 31 Stat. 1961 36 Stat. 2685 42 Stat. 2297 248 References 1. 2. The proclamations of July 1, 1891 and April 9, 1910 apply to "Great Britain and the British possessions", but the proclamations of January 1, 1915 and April 10, 1920 specifically except Australia, Canada, Newfoundland, New Zealand and the Union of South Africa. The proclamations of March 10, 1944 and May 26, 1950 enumerate the various British territories to which they apply, excluding the areas specifically excepted in the proclamations of 1915 and 1920. Proclamations establishing individual copyright relations with Australia, Canada, Ireland, New Zealand, Palestine, and the Union of South Africa are listed separately. (See also footnotes 2, 7, 11.) The proclamation of December 27, 1923 regarding Canada is considered as applying to Newfoundland at the present time. The copyright proclamations of July 1, 1891, April 9, 1910, January 1, 1915, April 10, 1920, and March 10, 1944 regarding Great Britain and possessions each applied when issued to the areas now within the boundaries of Burma, Ceylon, India, and Pakistan. See footnote 24 with reNo announcement has been spect to India. made as to the application of the proclamations to Burma, Ceylon, and Pakistan since they acquired their new status. The proclamation of December 29, 1949 extends for one year from its date the period of time for compliance by citizens of Australia with the conditions and formalities prescribed by the copyright law of the United States. 3. The United States entered into treaties restoring friendly relations with Austria, Germany, and Hungary at Vienna on August 24, 1921 (42 Stat. 1946; TS 659); at Berlin on August 25, 1921 (42 Stat. 1939; TS 658) and at Budapest on August 29, 1921 (42 Stat. 1951; TS 610), respectively. By virtue of these treaties the United States became entitled to the benefits of the provisions relative to copyright protection in the treaties of peace signed by Austria, Germany and Hungary at SaintGermain-en-Laye on September 10, 1919, at Versailles on June 28, 1919, and at Trianon on June 4, 1920, respectively. (See also footnote 8.) understandings in the ratification by the United States of America does not accept 5. Treaties and Conventions containing provisions relative to copyright protection in territories ceded to the United States are not included in this table: for example, the Treaty of Peace with Spain signed at Paris December 10, 1898 (30 Stat. 1754; TS 343), Art. XIII (see also footnote 21); and the Convention with Denmark for the Cession to the United States of the Danish West Indies, signed at New York, August 4, 1916 (39 Stat. 1706; TS 629), Art. 9. 6. The Department of State has made no announcement as to the application of the proclamations of July 1, 1891, April 9, 1910, May 24, 1918 and March 27, 1947 to Cambodia, Laos, and Vietnam. 7. 8. The proclamations of March 10, 1944 and May 26, 1950 regarding Great Britain and possessions, also specifically refer to Palestine, excluding Trans-Jordan. Copyright Convention signed at Budapest January 30, 1912 (TS 571). This Convention was continued in force following World War I by notice given by the United States on May 27, 1922 to Hungary in pursuance of Article 224 of the Treaty of Trianon concluded on June 4, 1920 (III Redmond 3539), to the Benefits of which the United States became entitled by the Treaty of August 29, 1921 establishing friendly relations between the United States and Hungary (42 Stat. 1951; TS 660). The Convention of 1912 was kept in force or revived following World War II by notice given on March 9, 1948 by the United States to Hungary pursuant to AB Ref 9. APPENDIX (Cont'd) References Article 10 of the Treaty of Peace with Hungary (61 Stat. 2065; Department of State Bulletin March 21, 1948; p. 382). 9. Treaty of Peace with Hungary (Annex IV A) dated at Paris February 10, 1947 (TIAS 1651). 10. Except with respect to rights of third parties, the provisions relating to protection of copyright in the annexes to the Treaties of Peace with Hungary, Italy, and Rumania dated at Paris February 10, 1947, are bilateral in character. For example, the provisions of Annex IV A of the Treaty of Peace with Hungary relate, in general, to copyright relations between Hungary, on the one part, and each of the other ratifying or adhering States, on the other part. Those provisions do not pertain to copyright relations between those other States, except for third party rights (see also footnotes 13 and 19). Annex IV of the Treaty of Peace with Bulgaria dated at Paris February 10, 1947 (61 Stat. 1915; TIAS 1650) contains similar provisions; however, there are no general copyright relations between the United States and Bulgaria. 11. The Department of State has determined that the entry into force on April 18, 1949 of the Republic of Ireland Act had no effect upon the proclamation of September 28, 1929 regarding the Irish Free State (Eire). Copyright relations with Ireland are therefore governed by that proclamation (see also footnote 1). 12. The exchanges of notes between the United States and Italy, on the basis of which the proclamations of October 31, 1892 and May 1, 1915 were issued, were the subject of a note delivered on March 12, 1948 to the Italian Foreign Office by the American Embassy at Rome with respect to prewar bilateral treaties and other international agreements which the United States desired to keep in force or revive pursuant to Article 44 of the Treaty of Peace with Italy. The note stated in part "that the Government of the United States of America wishes to include the reciprocal copyright arrangement between the United States and Italy effected pursuant to the exchange of notes signed at Washington October 28, 1892 and the exchange of notes signed at Washington September 2, 1914, February 12, March 4 and March 11, 1915, among the prewar bilateral treaties and other interna tional agreements with Italy which the United States desires to keep in force or revive. Accordingly, it is understood that the aforementioned arrangement will continue in force and that the Government of each country will extend to the nationals of the other country treatment as favorable with respect to copyright as was contemplated at the time the arrangement was entered into by the two countries". (Department of State Bulletin, April 4, 1948, p. 455) 13. Treaty of Peace with Italy (Annex XV. A) dated at Paris January 10, 1947 (TIAS 1648). 14. Copyright convention, signed at Tokyo November 10, 1905 (TS 450). This convention is considered as having been abrogated on April 22, 1953, pursuant to the provisions of Article 7 of the Treaty of Peace with Japan signed at San Francisco September 8, 1951 (TIAS 2490), since it was not included in the notification which was given on behalf of the United States Government to the Japanese Government on April 22, 1953, indicating the prewar bilateral treaties or conventions which the United States wished to continue in force or revive. 15. Convention between the United States and Japan for reciprocal protection of inventions, designs, trade marks and copyrights in China and other countries where either contracting party may exercise extra-territorial jurisdiction, signed at Washington May 19, 1908 (TS 507). This convention is considered as having been abrogated on April 22, 1953, pursuant to the provisions of Article 7 of the Treaty of Peace with Japan signed at San Francisco September 8, 1951 (TIAS 2490), since it was not included in the notification which was given on behalf of the United States Government to the Japanese Government on April 22, 1953, indicating the prewar bilateral treaties or conventions which the United States wished to continue in force or revive. 16. Copyright Convention with Japan for reciprocal protection in Korea of inventions, designs, trademarks and copyrights signed at Washington May 19, 1908 (TS 506). This convention is considered as having been abrogated on April 22, 1953, pursuant to the provisions of Article 7 of the Treaty of Peace with Japan signed at San APPENDIX (Cont'd) References Francisco September 8, 1951 (TIAS 2490), since it was not included in the notification which was given on behalf of the United States Government to the Japanese Government on April 22, 1953, indicating the prewar bilateral treaties or conventions which the United States wished to continue in force or revive. 17. The Department of State has made no announcement as to the application of the proclamations of November 20, 1899, April 9, 1910 and February 26, 1923 to Indonesia since it acquired its new status. 18. In a note delivered February 26, 1948 to the Rumanian Minister for Foreign Affairs by the American Minister at Bucharest with respect to prewar bilateral treaties and other international agreements which the United States desired to keep in force or revive pursuant to Article 10 of the Treaty of Peace with Rumania (see footnotes 10 and 20), the following statement was made regarding the proclamation of May 14, 1928 and the exchange of notes on which it is based: "It shall be understood that the reciprocal copyright arrangement between the United States and Rumania effected pursuant to the exchange of notes signed at Bucharest May 13 and October 13, 1928 and at Washington May 12 and 19, 1928 and the proclamation issued May 14, 1928 by the President of the United States of America will continue in force." (Department of State Bulletin, March 14, 1948, p. 356) 19. Treaty of Peace with Rumania, dated at Paris, February 10, 1947 (TIAS 1649). 20. The proclamation of July 10, 1895 regarding Spain was based upon an arrangement between the United States and Spain effected by an exchange of notes signed at Washington July 6 and 15, 1895. An agreement restoring the arrangement of July 6 and 15, 1895 was effected by an exchange of notes signed at Madrid January 29 and November 18 and 26, 1902 (II Malloy 1710), following the Treaty of Peace between the United States and Spain signed at Paris December 10, 1898 (30 Stat. 1754; TS 343). The latter treaty also contains in Article XIII the following provisions: "The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba, and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of ratifications of this treaty." 21. Treaty of friendship, commerce and navigation, protocol and exchanges of notes, signed at Bangkok November 13, 1937 (Art. 9 of the Treaty) (TS 940). This treaty replaces the treaty of friendship, commerce and navigation between the United States and Thailand signed at Washington December 16, 1920 (TS 655), Article XII of which contains provisions relating to copyright protection. 22. Treaty of Peace with Japan (Articles 12, 14 and 15) signed at San Francisco September 8, 1951 (TIAS 2490). (See also footnotes 14, 15 and 16.) 23. The proclamation of November 10, 1953 extends benefits under the copyright law for a period of four years from the coming into force of the Treaty of Peace with Japan (TIAS 2490). That period expired April 28, 1956. 24. The proclamation of October 21, 1954 affirms the existence of copyright relations with India after August 15, 1947 (the effective date of the Indian Independence Act), as before that date (see footnote 1). 25. An instrument of accession was deposited by the Philippine Government Aug. 19, 1955. In a communication received by the State Department Jan. 17, 1956, UNESCO stated that by a note dated Nov. 14, 1955, the Philippine Government informed the Director General that "the President of the... Philippines has directed the withdrawal of the . . . accession . . to the Universal Copyright Convention prior to the date of November 19, 1955, at which time the Convention would become effective" for the Philippines. The Director General notified the Philippine Government that he "proposed to submit their communication to the States concerned, upon whom it is incumbent to declare what legal inference they intend to draw from it." U. S. GOVERNMENT PRINTING OFFICE: 1956 O-402134 (PO 34) |