File No. 406/62–64.
Minister Rockhill
to the Secretary of State.
American Legation,
Peking, June 3,
1907.
No. 631.]
Sir: In further reference to your unnumbered
instruction of January 30b last, directing me to “proceed to endeavor to
negotiate a convention which will really afford protection to American
books,” to take the place of Article XI of the treaty of October 8,
1903, which the department considers almost worthless, I addressed to
the Prince of Ch’ing on April 23 last the note, a copy of which I
inclose.
After sending this note to the Wai-wu Pu, I on several occasions brought
up the subject in conversation with the officials of that department,
among whom I found very slight disposition to consider the subject.
I am now in receipt of a reply to my note of April 23, in which the
Prince of Ch’ing declines to reopen the revision of Article XI of the
treaty of 1903 before the end of ten years, as provided for in
[Page 253]
Article XVIII, paragraph 3 of
said treaty, while stating at the same time that the provisions of
Article XI of this treaty were satisfactory to our Government at the
time, and that in the two years and a half which have since then elapsed
“conditions in China have not undergone any great change.”
I have, etc.,
[Inclosure 1.]
Minister Rockhill to the Prince of
Ch’ing.
American Legation,
Peking, April 23,
1907.
Your Imperial Highness: Article XI of the
commercial treaty of 1903 between the United States and China
provides as follows:
“Whereas the Government of the United States undertakes to give the
benefits of its copyright laws to the citizens of any foreign State
which gives to the citizens of the United States the benefits of
copyright on an equal basis with its own citizens;
“Therefore the Government of China, in order to secure such benefits
in the United States for its subjects, now agrees to give full
protection, in the same way and manner and subject to the same
conditions upon which it agrees to protect trade-marks, to all
citizens of the United States who are authors, designers, or
proprietors of any book, map, print, or engraving especially
prepared for the use and education of the Chinese people, or
translation into Chinese of any book, in the exclusive right to
print and sell such book, map, print, engraving, or translation in
the Empire of China during ten years from the date of registration.
With the exception of the books, maps, etc., specified above, which
may not be reprinted in the same form, no work shall be entitled to
copyright privileges under this article. It is understood that
Chinese subjects shall be at liberty to make, print, and sell
original translations into Chinese of any works written or of maps
compiled by a citizen of the United States. This article shall not
be held to protect against due process of law any citizen of the
United States or Chinese subject who may be author, proprietor, or
seller of any publication calculated to injure the well-being of
China.”
No regulations have as yet been adopted by the Imperial Chinese
Government for the enforcement of this agreement and, in consequence
of the great changes that have taken place in China since the
ratification of this treaty, and in view of the growing demand in
China, under these new conditions, for American books, maps, etc.,
my Government finds the provisions of the article quoted entirely
inadequate to the proper protection of American copyrights, and
instructs me to request the Imperial Chinese Government to agree to
a revision of Article XI of the treaty named, or, if preferred, the
negotiation of a copyright convention.
I have the honor, therefore, to inform your imperial highness that my
Government has empowered me to enter upon such negotiations, and to
request your imperial highness to consent to the proposed revision
or negotiation and to appoint and empower some representative of the
Imperial Chinese Government to take up this question with me.
Trusting that your imperial highness will agree to this very
reasonable request of my Government, and that I may receive an early
reply to this effect, I avail myself, etc.,
[Inclosure
2.—Translation.]
The Prince of Ch’ing
to Minister Rockhill.
Foreign Office,
Peking, June 1,
1907.
No. 284.]
Your Excellency: On April 24, 1907, I had
the honor to receive your excellency’s dispatch saying: “No
regulations have as yet been adopted by the Imperial Chinese
Government for the enforcement of Article XI of the commercial
[Page 254]
treaty of 1903, and, in
consequence of the great changes that have taken place in China
since the ratification of this treaty, and in view of the growing
demand in China under these new conditions for American books, maps,
etc., my Government finds the provisions of the article quoted
entirely inadequate to the proper protection of American copyrights
and instructs me to request the Imperial Chinese Government to agree
to a revision of Article XI of the treaty named, or, if preferred,
the negotiation of a copyright convention.”
With regard to this matter, I observe that the Imperial Chinese
Government having negotiated a treaty with your honorable
Government, and the treaty having been signed, it becomes at once
the basis of mutual action on the part of the two governments one
toward the other, and there is no occasion for revising any
regulations for the enforcement of the article named. Moreover, it
has not been very long since this treaty was negotiated, and the
conditions in China have not undergone any great change. As to the
statement that there is at present in China a growing demand for
American books, maps, etc., the treaty itself provides that “with
the exception of any book, map, print, or engraving especially
prepared for the use of the Chinese people, Chinese subjects shall
be at liberty to reprint any books, etc., published by American
citizens.” It appears, therefore, that the reproduction by Chinese
subjects of any American books, etc., if not especially prepared for
Chinese, is not forbidden by the treaty. The provision referred to
above was adopted after mutual discussion and changes at the time,
and your honorable Government, since it found it satisfactory, was
willing to sign.
The ten-year period, at the expiration of which it is provided that
revision may be demanded, has not yet expired, and, according to the
principles which obtain in regard to treaties between the powers,
there does not seem to be any warrant for a sudden request whenever
one pleases for revision or a new convention.
As to the request that the Imperial Chinese Government should appoint
a representative and empower him to negotiate with regard to this
matter, my board finds it difficult to take any such action. Your
excellency is thoroughly acquainted with the principles of justice,
and must see that what I have said is right. It becomes my duty
therefore to send this as my reply for your consideration.
A necessary dispatch.
[seal of the wai-wu pu.]
