Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
The Mexico convention was signed by the United States delegates _ad
referendum_, and before submitting it to the Senate for ratification,
the President obtained through the Secretary of State an opinion from
the Department of Justice, as to any reason against its submission for
ratification, especially with reference to the act of 1891. Acting
Attorney-General Hoyt replied in a confidential report of June 3, 1902,
since made public, after quoting the prohibition of importation in
section 3 of the act of 1891: "In the convention now in question there
is no inhibition against such importations as are prohibited by said
section 3, unless it can be said that such convention is 'an
international agreement which provides for reciprocity in the granting
of copyrights, by the terms of which agreement the United States of
America may, at its pleasure, become a party to such agreement,' as
provided in section 13 of the same act. It is a matter of grave doubt
whether this convention, made by the United States originally, is such
an 'international agreement.' It is therefore quite probable that its
ratification would except the authors of the nations signing it from the
provisions of said section 3 of the act of March 3, 1891, leaving the
authors of other countries still subject to such provisions. Your
attention is directed to the fact that an affirmative answer to article
16 of the convention would also except from the provisions of said
section 3 all countries that might hereafter adopt said convention.
There appears to be no legal impediment to the ratification of this
convention, nor would it constitute a breach of faith toward other
countries; and in pointing out the probable effect of some of its
provisions I do not intend thereby to express or intimate an opinion
that it ought not to be ratified." The question of the relation between
treaty provisions and domestic legislation especially affects copyright
arrangements and has been the subject of discussion and a matter of
difficulty in England and other countries as well as in the United
States. The Senate did not act finally upon the Mexico convention until
1908, when it was duly ratified, and this precedent opened the way for
more prompt ratification of the Buenos Aires convention.
{Sidenote: United States international relations}
Public-domain text, read in full here on John Shaqi.
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