Page:United States Statutes at Large Volume 45 Part 2.djvu/1287

 PROCLAMATIONS, 1928. 2949 By THE PRESIDENT OF THE UNITED STATES OF AMERICA May 14, 1928. PROCLAMATION WHEREAS it is provided by the Act of Congress approved March 01:58, 7 January 2012 (UTC)~. 4, 1909, entitled "An Act to Amend and Consolidate the Acts Respect- ing Copyright ", that the copyright secured by the Act, except the benefits under Section 1 (e) thereof as to which special conditions Vol. 3 -5, p. 1075. 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: Vol. 35, p. 1077. (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 pro- prietor is a citizen or subject grant'l, 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 pro- vides 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 re1?roduce 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 com- poser unless the foreign state or nation of which such author or composer 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 re- Action by Rumania. ceived that citizens of the United States may obtain copyright for their works in Rumania which is substantially equal to the protection afforded by the copyright laws of the United States, including rights similar to those provided by Section 1 (e) of the Copyright Act of the United States, approved March 4, 1909. NOW THEREFORE, I, Calvin Coolid~, President of the .Beneflts extended.to ),. CItizens of Rumams, United ~tates of America do declare and proc aim including. mechanical That the conditions specified in Sections 8 (b) and 1 (e) of the rl'productions. Act of March 4,1909, exist and are fulfilled in respect to the citizens of Rumania and that citizens of Rumania are 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 Conditions. benefits conferred by the Act of March 4, 1909, and the Acts amend- atory thereof, shall be conditional upon compliance with the require- ments 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 mechani- cally mUSICal works shall apply only to compositions published after July 1,1909, and registered for copyright in the United States which

�