Page:United States Statutes at Large Volume 62 Part 2.djvu/290

 PROCLAMATIONS-OCT. 21, 1948 COPYRIGHT--PHILIPPINES [62 STAT. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION 17U.S.C., Supp.I. 61 Stat. 655 . 17U.S. C., Supp. I, §9. 61 Stat. 652 . 17U. S.C., Supp.I, §1. WHEREAS Title 17 of the United States Code, entitled "Copy- rights", has been codified and enacted into positive law by the act of Congress approved July 30, 1947, 61 Stat. 652; WHEREAS section 9 of the said Title 17 provides in part that the copyright secured by such title shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation only: "(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, conven- tion, 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 title 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 copy- right, by the terms of which agreement the United States may, at its pleasure, become a party thereto."; WHEREAS section 1 of the said Title 17 provides in part as follows: "Any person entitled thereto, upon complying with the provi- sions of this title, shall have the exclusive right: 61 Stat. 655. 17 U. S. C., Supp. I, §9. "(e) To perform the copyrighted work publicly for profit if it be a musical composition; * * * Provided, That the provisions of this title, 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 July 1, 1909, and shall not include the works of a foreign author or composer 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.'; WHEREAS section 9 of the said title further provides that "the existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this title may require."; WHEREAS the Philippine Copyright Law, No. 3134, approved March 6, 1924, provides by section 10 (b) that the provisions of the said law shall extend to the work of a proprietor who is not a citizen of the Republic of the Philippines only: "When the foreign state or nation of which such proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States or of the Philippine Islands the benefit of copyright protection substantially equal to the protection secured to such foreign proprietor under this act;"; WHEREAS in Republic Act No. 76, approved October 21, 1946, it is provided by section 1 that: 1568 October 21, 1948 [No. 2819]

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