Proclamation 1560—Copyright—Great Britain

By the President of the United States of America
A Proclamation

Whereas it is provided by the Act of Congress of March 4, 1909, entitled "An Act to Amend and Consolidate the Acts Respecting Copyright/' that the provisions of Section 1 (e) of said 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 composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights":

And Whereas it is further provided that the copyright secured by the Act 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 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 further provided by the Act of Congress approved December 18, 1919, "that all works made the subject of copyright by the laws of the United States first produced or published abroad after August 1, 1914, and before the date of the President's proclamation of peace, of which the authors or proprietors are citizens or subjects of any foreign state or nation granting similar protection for works by citizens of the United States, the existence of which shall be determined by a copyright proclamation issued by the President of the United States, shall be entitled to the protection conferred by the copyright laws of the United States from and after the accomplishment, before the expiration of fifteen months after the date of the President's proclamation of peace, of the conditions and formalities prescribed with respect to such works by the copyright laws of the United States: Provided further, That nothing herein contained shall be construed to deprive any person of any right which he may have acquired by the republication of such foreign work in the United States prior to the approval of this Act."

And Whereas the President is authorized to determine and declare by proclamation the existence of similar protection for works by citizens of the United States as the purposes of the Act may require;

And Whereas satisfactory official assurance has been given by the Government of Great Britain that, by virtue of the authority conferred by the British Copyright Act, 1911, a British Order in Council was duly issued on February 9, 1920, directing that:

1. The Copyright Act, 1911, shall, subject to the provisions of the said Act and of this Order, apply to works first published in the United States of America between the 1st of August, 1914, and the termination of the war, which have not been republished prior to the commencement of this Order in the parts of His Majesty's Dominions to which this Order applies, in like manner as if they had been first published within the parts of His Majesty's Dominions to which the said Act extends:

Provided that the enjoyment by any work of the rights conferred by the Copyright Act, 1911, shall be conditional upon publication of the work in the Dominions to which this Order relates not later than six months after the termination of the war, and shall commence from and after such publication, which shall not be colourable only, but shall be intended to satisfy the reasonable requirements of the public.

2. The provisions of Section 15 of the Copyright Act, 1911, as to the delivery of books to libraries shall apply to works to which this Order relates upon their publication in the United Kingdom.

3. In the case of musical works to which this Order relates and provided that no contrivances by means of which the work may be mechanically performed have before the commencement of this Order been lawfully made, or placed on sale, within the parts of His Majesty's Dominions to which this Order applies, copyright in the work shall include all rights conferred by the said Act with respect to the making of records, perforated rolls and other contrivances by means of which the work may be mechanically performed.

4. This Order shall apply to all His Majesty's Dominions, Colonies, and Possessions with the exception of those hereinafter named, that is to say: The Dominion of Canada; The Commonwealth of Australia; The Dominion of New Zealand; The Union of South Africa; Newfoundland.

5. Nothing in this Order shall be construed as depriving any work of any rights which have been lawfully acquired under the provisions of the Copyright Act, 1911, or any Order in Council thereunder.

6. This Order shall take effect as from the 2nd day of February, 1920, which day is in this Order referred to as the commencement of this Order.

And the Lords Commissioners of His Majesty's Treasury are to give the necessary orders accordingly.

Now therefore, I, Woodrow Wilson, President of the United States of America, do hereby declare and proclaim

1. That one of the alternative conditions specified in Sections I (e) and 8 (b) of the Act of March 4, 1909, and acts amendatory thereof, including the Act of December 18, 1919, now exists and is fulfilled and since February 2, 1920, has been fulfilled in respect to the subjects of Great Britain and the British Dominions, Colonies and Possessions, with the exception of the self-governing Dominions of Canada, Australia, New Zealand, South Africa and Newfoundland, and that such British subjects are entitled to all the benefits of the Copyright Act of March 4, 1909, and the acts amendatory thereof, including the Act of December 18, 1919, for all of their works first published in Great Britain between August 1, 1914, and before the President's proclamation of peace, and not already republished in the United States:

Provided that the enjoyment by any work of the rights and benefits conferred by the Copyright Act of March 4, 1909, and the acts amendatory thereof, including the Act of December 18, 1919, shall be conditional upon compliance with the requirements and formalities prescribed with respect to such works by the copyright laws of the United States before the expiration of fifteen months after the date of the President's proclamation of peace, and shall commence from and after compliance with those requirements, constituting due registration for- copyright in the United States.

2. That in the case of musical works to which this proclamation relates, and provided that no contrivances, including records, perforated rolls and other devices by means of which the work may be mechanically performed, have been lawfully made or placed on sale within the United States before February 2, 1920, copyright shall include the special benefit of Section 1 (e) of the Copyright Act of March 4, 1909, namely "copyright controlling the parts of instruments serving to reproduce mechanically the musical work."

3. Nothing in this proclamation shall be construed to abrogate or limit any rights and benefits conferred under the reciprocal arrangements with Great Britain or its self-governing Dominions providing for copyright protection heretofore proclaimed.

This proclamation shall take effect as from the 2nd day of February, 1920.

In Testimony Whereof, I have hereunto set my hand and caused the Seal of the United States to be affixed.

Done in the District of Columbia this tenth day of April, in the year of our Lord one thousand nine hundred and twenty and of the Independence of the United States of America the one hundred and forty-fourth.

WOODROW WILSON

By the President:

Bainbridge Colby, Secretary of State