File No. 893.54/298.
The American Minister to
the Secretary of State.
No. 392.]
American Legation,
Peking,
January 5, 1912.
Sir: In acknowledging the receipt of the
Department’s instruction No. 175 of September 29, 1911, relating to a
proposed arrangement with the French Government for the reciprocal
protection of literary and artistic property in China, I have the honor
to send enclosed copies of the notes recently exchanged with the French
Legation following the precedents established for the protection of
trademarks among foreigners in China.
I have the honor to state further that if these notes meet with your
approval I shall approach the other legations in Peking in compliance
with your instruction acknowledged above, with a view to concluding
similar agreements with their respective governments.
I have [etc.]
[Inclosure 1.]
The French Chargé
d’Affaires to the American
Minister.
[Translation.]
Legation of the French Republic in
China,
Peking,
December 26, 1911.
Mr. Minister: Our Governments being
desirous of assuring to French and American citizens and subjects
reciprocal protection in China of the rights Of authors over their
literary and artistic productions to the same extent that they are
protected in French and American territories and possessions, I have
been instructed by the Minister for Foreign Affairs of France to
communicate to you the following:
- 1st.
- By virtue of the civil and criminal jurisdiction with
which they are vested and which they exercise in China, the
consuls and consular courts of France are competent to take
cognizance of all complaints that may be laid before them
relative to the violation of the rights of authorship by
persons under French jurisdiction.
- 2d.
- Consequently whenever persons under American jurisdiction
shall have occasion to address them in order to obtain
respect from persons under French jurisdiction of their
rights of authorship over their literary and artistic
productions, including photographs, the complaints will
henceforth be laid, in the first instance, before the
consular court, and appeals will come before the appellate
court at Saigon or Hanoi.
- 3d.
- The citizens of the possessions of the United States of
America will enjoy in China the same treatment as the
citizens of the United States of America.
- 4th.
- Unauthorized reproductions by persons under French
jurisdiction, made previous to the first of January next, of
literary, artistic or photographic works executed by persons
under American jurisdiction, will be withdrawn from sale or
circulation in China before December 31, 1912.
- 5th.
- Literary and artistic property in France is regulated by
the law of March 28, 1897, which approves the convention
signed at Berne on September 9, 1896, for the protection of
literary and artistic productions, and also by the law of
April 15, 1897, which approves the additional enactment and
the declaration of May 4, 1896, modifying the convention of
Berne.
I will be under great obligation to you if you will kindly take note
of the present declaration and will inform me whether persons under
French jurisdiction may count on the same legal protection from the
consular authorities in China of the United States of America in all
that concerns the ownership of literary and artistic
productions.
Accept [etc.]
[Inclosure 2.]
The American Minister
to the French Chargé
d’Affaires.
American Legation,
Peking,
December 27, 1911.
Mr. Chargé d’Affaires and Dear Colleague:
I have the honor to acknowledge the receipt of your note of December
26, 1911, informing me that you have been authorized by your
Government to effect with me by an exchange of notes an agreement
for the reciprocal protection in China of French and American
copyrights for literary and artistic productions.
I have the honor to inform, you in reply that I have been authorized
to state that henceforth protection will be afforded in China, in
accordance with the laws of the United States and on condition of
reciprocity, for the copyrights of French literary, artistic,
musical or dramatic works, including photographs, duly registered in
the United States, against infringement by persons under American
jurisdiction. To that end the American courts in China will be
competent to hear all such cases presented by citizens or subjects
of France.
I have the honor further to inform you that the protection of
literary and artistic property in the United States of America is
provided for by the act of Congress of March 4, 1909, amending and
consolidating previous acts respecting copyright (U. S. Statutes at
Large, vol. 35, chapter 320); and that by a Presidential
proclamation of April 9, 1910, this protection is extended to works
of authors or proprietors who are citizens or subjects of
France.
Accept [etc.]
