711.962/9–947: Telegram
The Secretary of State to the Embassy in the Philippines
1003. Dept considering and has mentioned to Phil negotiators desirability of omitting from treaty of friendship, commerce and navigation the provision dealing with copyright, para 2 of Art VIII and instead to conclude separate agreement under which each country assures other of protection of its copyright laws and President of US would issue proclamation under sections 8 and 1(e) of US law of 1909.26
Chief reasons are that this course would be more in accord with general US policy for extending copyright protection to citizens of other countries and, in present case, lends itself to retroactive assurances that there has been no cessation of such protection. Such assurances believed important to US interests.
Phil copyright law of 1924, sections 2 and 10, specifically protects citizens of US. Phil negotiators raise question, however, whether application to US citizens has been repealed by general Phil legislation (presumably Republic Act No. 76) extinguishing all rights of US citizens not enjoyed by foreigners generally.
Telegraph soon as possible whether Phil Govt regards its copyright law as continuingly applicable to US citizens and, if not, when ceased be applicable.
Dept has only Library of Congress print of Phil law of 1924 and had understood that only alteration is act approved June 20, 1947 (Republic Act No. 167), relating only to administration. Please mail copies all legislation now in force relating copyright and such administrative orders and judicial decisions (if any) as pertain to copyright.
Your comment in premises invited.
[Page 1116]Dept understands Phil negotiators are inquiring of their Govt regarding applicability of Phil copyright law to citizens of US and asking instructions.
Additional material for Emb’s general information follows by mail.27
- For President Truman’s proclamation No. 2819, October 21, 1948, which dealt with the copyright matter, see 62 Stat. (pt. 2) 1568. A revised draft of the treaty had been given the Philippine Embassy on July 15 and had been sent to Manila in instruction 450, July 18 (not printed).↩
- Instruction 516, September 18, to Manila, not printed.↩