File No. 811.54441/16.

Ambassador Page to the Secretary of State .

No. 899.]

Sir: I have the honor to transmit herewith enclosed a copy of the British Order in Council issued on the 3rd. instant relative to the application to the United States of the Copyright Act 1911.

This Order came into operation on 1st. of January, 1915.

I have [etc.]

Walter Hines Page.
[Inclosure.]

[Untitled]

At the Court at Buckingham Palace

The 3rd day of February, 1915.

  • Present,
  • The King’s Most Excellency Majesty
  • Lord President
  • Mr. Secretary Harcourt
  • Viscount Knollys
  • Mr. Arthur Henderson
  • Lord Chamberlain
  • Sir William Macgregor
  • Lord Justice Bankes

Whereas by a Proclamation of the President of the United States of America, dated the 9th April, 1910, the benefits of the United States Act of 1909, entitled “An Act to amend and consolidate the Acts respecting Copyright,” were extended to the Subjects of Great Britain and her Possessions, but no provision was made therein for the protection of the musical works of British Subjects against reproduction by means of mechanical contrivances:

And whereas His Majesty is advised that the Government of the United States of America has undertaken, upon the issue of this Order, to grant such protection to the musical works of British Subjects:

And whereas by reason of these premises His Majesty is satisfied that the Government of the United States of America has made, or has undertaken to make, such provision as it is expedient to require for the protection of works entitled to Copyright under the provisions of Part I of the Copyright Act, 1911:

And whereas by the Copyright Act, 1911, authority is conferred upon His Majesty to extend, by Order in Council, the protection of the said Act to certain classes of foreign works within any parts of His Majesty’s Dominions, other than self-governing Dominions, to which the said Act extends:

And whereas it is desirable to provide protection within the said Dominions for the unpublished works of Citizens of the United States of America:

[Page 428]

Now, therefore, His Majesty, by and with the advice of His Privy Council, and by virtue of the authority conferred upon him by the Copyright Act, 1911, is pleased to order, and it is hereby ordered, as follows:—

1.
The Copyright Act, 1911, including the provisions as to existing works, shall, subject to the provisions of the said Act, and of this Order, apply—
(a)
to literary, dramatic, musical and artistic works the authors whereof were at the time of the making of the works Citizens of the United States of America, in like manner as if the authors had been British Subjects:
(b)
in respect of residence in the United States of America, in like manner as if such residence had been residence in the parts of His Majesty’s Dominions to which the said Act extends.
Provided that—
(i)
the term of Copyright within the parts of His Majesty’s Dominions to which the Order applies shall not exceed that conferred by the law of the United States of America:
(ii)
the enjoyment of the rights conferred by this Order shall be subject to the accomplishment of the conditions and formalities prescribed by the law of the United States of America:
(iii)
in the application to existing works of the provisions of Section 24 of the Copyright Act, 1911, the commencement of this Order shall be substituted for the 26th July, 1910, in subsection 1 (b).
2.
This Order shall apply to all His Majesty’s Dominions, Colonies and Possessions, with the exception of those hereinafter named, that is to say:—
  • The Dominion of Canada.
  • The Commonwealth of Australia.
  • The Dominion of New Zealand.
  • The Union of South Africa.
  • Newfoundland.
3.
This Order shall come into operation on the 1st day of January, 1915, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of His Majesty’s Treasury are to give the necessary orders accordingly.

Almeric Fitzroy.