Page:United States Statutes at Large Volume 43 Part 2.djvu/607

Rh conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only upon certain conditions set forth in Section 8 of the said Act, to wit:

(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or

(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto:

AND WHEREAS it is provided by Section 1 (e) of the said Act of Congress, approved March 4, 1909, that the provisions of the Act "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or is a citizen or subject grants, either by treaty, convention, agreement or law, to citizens of the United States similar rights";

AND WHEREAS the President is authorized by the said Section 8 to determine by proclamation made from time to time the existence of the reciprocal conditions aforesaid, as the purposes of the Act may require;

AND WHEREAS satisfactory official assurances have been received that the Minister of Trade and Commerce of Canada issued, pursuant to Section 4 (2) of the Canadian Copyright Act assented to June 4, 1921, a certificate dated December 26, 1923, to become operative on January 1, 1924, declaring that for the purposes of the rights conferred by the said Act, the United States shall be treated as if it were a country to which the Act extends.

NOW THEREFORE, I, CALVIN COOLIDGE, President of the United States of America, do declare and proclaim

That on and after January 1, 1924, the conditions specified in Sections 8 (b) and 1 (e) of the Act of March 4, 1909, will exist and be fulfilled in respect to the citizens of Canada and that on and after that date citizens of Canada will be entitled to all the benefits of the Act of March 4, 1909, including Section 1 (e) thereof and the Acts amendatory of the said Act.

Provided that the enjoyment by any work of the rights and benefits conferred by the Act of March 4, 1909, and the Acts amendatory thereof, shall be conditional upon compliance with the requirements and formalities prescribed with respect to such works by the copyright laws of the United States.

And Provided Further that the provisions of Section 1 (e) of the Act of March 4, 1909, in so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically musical works shall apply only to compositions published on or after January 1, 1924, and registered for copyright in the United States.