Minister Buck to
the Secretary of State.
American Legation,
Tokio, October 14,
1901.
No. 589.]
Sir: I have the honor to report that in an
interview on the 10th instant with Mr. Komura, the Japanese minister for
foreign affairs, upon the subject of a copyright convention between the
two countries, concerning which several notes were passed between this
legation and the Japanese foreign office during the early part of this
year, copies of which accompanied the dispatch of Mr. Wilson, then in
charge of the legation, No. 563 of date of May 20 last, the minister
stated some reasons why a convention had not been agreed upon by his
Government. He also remarked that the last note of his predecessor on
the
[Page 979]
subject—date of May last
(copy of Mr. Wilson’s dispatch above mentioned)—was based on technical
grounds. I suggested that he put in writing the substance of what he had
said to me as sufficient ground upon which Japan, in his opinion, would
be justified in not agreeing to a convention. He consented to do so and
on the 12th instant I received a personal letter from him covering
substantially the points he had made. Understanding that the mark
“Private” upon the letter only meant that it should be considered wholly
unofficial, I take the liberty to inclose a copy herewith.
In several interviews with Mr. Sone, the last minister of foreign
affairs, temporarily in office, I was unable to get any definite
expression in respect of a copyright convention. Having received this
unofficial expression of Minister Komura, I presume no official reply to
Mr. Wilson’s note of May 20 may be expected until it is known here how
the State Department views the position taken by the minister. In fact
it seems that he implies as much in the closing paragraph of his
letter.
I have the honor, etc.,
[Inclosure.]
The Minister for Foreign
Affairs to Minister Buck.
Foreign Office,
Tokio, October 12,
1901.
Private.]
My Dear Colonel Buck: Referring to the
conversation we had on Thursday the 10th instant, in regard to the
proposal of the United States to conclude a copyright convention
with Japan, I have to inform you that this department, upon receipt
of Mr. Wilson’s note dated May 20, 1901, has not deemed it necessary
to give immediate reply to the observations therein contained. It is
true, Mr. Wilson expressed his belief that Mr. Kato’s reply of the
17th of May could not possibly be acceptable to the United States
Government and fully explained the reasons upon which that belief
was founded—at the same time, however, he stated that he will not
fail to forward a copy of Mr. Kato’s reply to the Secretary of
State, so that it was naturally thought at this department that the
discussion of this subject might appropriately be postponed until
the receipt of a further expression of views of your Government.
While the correspondence on this important question rests at this
stage I am inclined to believe that a frank explanation of the
higher interests involved on the part of Japan would be conducive to
a clearer understanding of the attitude taken by the Imperial
Government. In the first place, I may state that Japan’s adhesion to
the convention of Berne as a condition of treaty revision has been
received with great dissatisfaction by the Japanese public. It is
therefore not unnatural that Japan should, for the present at least,
be averse to the conclusion of any further convention for the
protection of literary and artistic property. Turning, then, to the
educational system of Japan you will find that books published in
the English language are extensively used in the ordinary middle
schools, in the education of young men preparing for admission to
the universities, and in all the technical schools and commercial
colleges. You will realize the importance of the question from an
educational point of view when I state that even in primary schools,
where children of both sexes receive their elementary education,
some lesson in the English language forms part of the regular
curriculum, at least in the higher classes. It will be seen that the
interest involved, as far as Japan is concerned, is not merely a
commercial one, but one closely connected with the vital question of
the education of boys and girls and young men and women.
I therefore venture to hope that you will be good enough to present
to your Government in an appropriate manner this aspect of the
question, to which I have briefly referred in the course of our
conversation on Thursday.
Believe me, yours, very sincerely,