Page:United States Statutes at Large Volume 63 Part 2.djvu/91

 63 STAT.] CHINA-FRIENDSHIP, COMMERCE, NAVIGATION-NOV. 4, 1946 AND WHEREAS the Senate of the United States of America, by their resolution of June 2, 1948, two-thirds of the Senators present con- curring therein, did advise and consent to the ratification of the said treaty and protocol, subject to the following reservation and under- standings, namely: "The Government of the United States of America does not ac- cept Section 5 (c) of the Protocol relating to protection against translations of literary and artistic works, and with the under- standing that United States interests in this respect will be inter- preted in accordance with the provisions of the Treaty as to Com- mercial Relations signed at Shanghai, October 8, 1903, until fur- ther negotiations and agreement concerning translations are forth- coming. The United States stands ready to enter into immediate negotiations with China for further improvement in copyright relationships with particular emphasis upon the desire of the United States to afford protection of translations. The Senate is of the opinion that the protection of the author or literary and ar- tistic property in the exclusive right to translate or authorize the translation of his works is of importance as a matter of justice to the author and is of equal importance as a means for assuring a true translation and faithful presentation for peoples who must re- ceive it in a language other than the original. Under present day conditions, such protection is essential to promote effective diffu- sion of literary and artistic works and to encourage responsible industries engaged in the production of such works within a country. "The Senate further understands that the Treaty does not obli- gate either party to extend most-favored-nation treatment with respect to copyright." AND WHEREAS the texts of the aforesaid reservation and under- standings were communicated by the Government of the United States of America to the Government of the Republic of China and thereafter the Government of the Republic of China gave notice of its acceptance of the aforesaid reservation and understandings; AND WHEREAS the said treaty and protocol were ratified by the Presi- dent of the United States of America on November 8, 1948, in pur- suance of the aforesaid advice and consent of the Senate and subject to the aforesaid reservation and understandings, and were duly rati- fied also on the part of the Republic of China; AND WHEREAS the respective instruments of ratification of the said treaty and protocol were duly exchanged at Nanking on November 30, 1948, and a protocol of exchange of instruments of ratification was signed on that date by the respective plenipotentiaries of the United States of America and the Republic of China recording the accept- ance by the Government of the Republic of China of the aforesaid reservation and understandings; AND WHEREAs it is provided in Article XXX of the said treaty that the treaty shall enter into force on the day of the exchange of ratifications; 1383 Advice and consent of Senate, with reser- vation and under- standings. Ante, p. 1324. 33 Stat. 2208. China's accept:uace of reservation and understandings. Ratification. Exchange of ratifcla- tions. Ante. p. 1322.

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