Proclamation 3037—Copyright—Japan

Whereas section 9 of title 17 of the United States Code, entitled "Copyrights", as codified and enacted into positive law by the act of Congress approved July 30, 1947, 61 Stat. 652, 655, provides in part that the copyright secured ay the said title shall extend to the work of an author or proprietor who is a citizen 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, 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 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 copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto.

and

Whereas section 1 of the said title 17 provides in part as follows:

Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive right:

* * * *

(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.

and

Whereas section 9 of the said title 17 further provides:

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 * * *

and

Whereas Article 22 (6) of the copyright law of Japan accords rights similar to those extended by section 1 (e) of title 17 of the United States Code; and

Whereas Article 12 of the Treaty of Peace with Japan, signed at San Francisco September 8, 1951, provides that Japan will, during a period of four years from the first coming into force of the Treaty, accord to an Allied Power national treatment as regards copyright protection to the extent that national treatment is accorded to it by the Allied Power concerned; and

Whereas the United States and Japan have each, in fact, since April 28, 1952, the date of the coming into force of the said Treaty of Peace, accorded to the nationals of the other, copyright protection on substantially the same basis as to its own citizens:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, do declare and proclaim:

That since April 28, 1952, the conditions specified in section 9 (b) and 1 (e) of title 17 of the United States Code have existed and have been fulfilled with respect to the nationals of Japan, and that nationals of Japan have since that date been entitled, and will continue to be entitled for a period of four years from the first coming into force of the Treaty of Peace, to all the benefits of the said title 17 except those conferred by the provisions embodied in the second paragraph of section 9 (b) thereof regarding the extension of time for fulfilling copyright conditions and formalities.

Provided, that the enjoyment by any work of the rights and benefits conferred by the said title 17 shall be conditioned upon compliance with the requirements and formalities prescribed with respect to such works by the copyright laws of the United States.

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

DONE at the City of Washington this 10th day of November in the year of our Lord nineteen hundred and fifty-three, and of the Independence of the United States of America the one hundred and seventy-eighth.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State