Mr. Gresham to Mr. Fishback.
Washington, December 15, 1893.
Sir: Your No. 279, of October 1, 1893, has been received. It communicates the conclusion of the Argentine Government that reciprocal copyright arrangements between the United States and Argentina are, at present at least, inexpedient.
The opinion of the attorney-general of the Republic, which is transmitted in translation, gives reasons for this determination; but it may be that Señor Kier has, to a slight extent, misapprehended his premises. He proceeds on the assumption that the privilege of international copyright offered by the United States rests on the existence of similar legislation in the foreign country of which citizens of the United States may enjoy the benefits, and he accordingly shows the impracticability of applying in the Argentine Republic the conditions relative to setting up and printing, etc., which obtain in the United States.
This assumption, however, is not involved in the invitation of this Government, which implies mutuality of individual treatment and not reciprocal identity of legislation. As section 13 of the copyright act reads, the President may, in his discretion, issue the prescribed proclamation on ascertaining that there is in the foreign country some definite regulation of copyright by statute, and that citizens of the United States may enjoy its benefits on substantially the same footing as the citizens of the foreign country.
It may be inferred, however, from the attorney-general’s opinion that no copyright law exists in Argentina. If this be the case, there would be of course nothing to go upon in the way of mutual recognition of authors’ rights in the two countries; but the invitation of this Government will have shown that friendly spirit of cordiality befitting the good relations which it is alike the pleasure and interest of the two governments to promote.
I am, etc.,