Until 1891, copyright could be acquired only by a'citizen of, or permanent residence in, the United States. British and other authors had much reason to complain of this state of the law, and American authors were injured by having to compete with cheap, unauthorized re prints of foreign works, but this condition no longer exists, and there is in most instances a very good understanding between the United States and foreign nations in copyright matters.
Foreign Works.—There was at one time an understanding that the American publisher who first placed a British work on the market ob tained copyright by courtesy; and considerable sums were paid for "advance sheets) in order to obtain this advantage, but the "courtesy of the trade came to be disregarded. In Decem ber 1::7, the convention of Bern brought nearly all the states of Europe into copyright relations with one another. This was the most important step ever taken in the history of the world's literary dealings, for it secured an al most universal recognition of the rights of authors.
The rights of citizens or subjects of foreign nations to copyright in the United States may be extended by presidential proclamations, and now Americans can secure copyright in all foreign countries with which we have reciprocal copyright arrangements, and in consequence a citizen or subject of, a foreign state or nation may obtain copyright protection upon copyright able matter when such alien is domiciled within the United States and his work is published for the first time in the United States, or, as just suggested, when the foreign state or nation of which such author or proprietor is a citizen or a subject grants, either by treaty, convention, agreement or law, to citizens of the United States the benefits of copyright on substantially the same basis as to its own citizens, or copy right protection substantially equal to the pro tection secured to such foreign author under the United States act, by treaty, or when such foreign state or nation is a party to an inter national agreement which provides for reciproc ity in the granting of copyright, by the term of which agreement the United States may, at its pleasure, become a party thereto.
Presidential proclamations have been issued upon this basis permitting citizens or subjects of the following foreign states and nations to obtain copyright protection in the United States: Canada, Great Britain and British pos sessions, France, Belgium, Germany, Luxem burg, Sweden, Switzerland, Italy, Greece, Tunis, Hungary, Denmark, Portugal, Spain, Netherlands and possessions; Norway, Japan, China, Korea, Austria, Mexico, Costa Rica, Cuba, .Guatemala, Salvador, Honduras, Nicara gba, Argentine Republic, Brazil, Dominican Re public, Panama, Ecuador, Bolivia and New Zea land. For an American citizen to secure copy right in Great Britain the title should be entered at Stationers' Hall, London, the fee for which is five shillings sterling, and five shillings addi tional if a certified copy of entry is required. The work must be published in Great Britain or in her dominions simultaneously with its publication in the United States, and five copies of the publication are required, -one for the British Museum and four on demand of the Company of Stationers for four other libraries.
Copyright may be secured in France by a foreigner by depositing two copies of the publi cation at the Ministry of the Interior at Paris. No fee or entry title is required. To secure copyright in Belgium a foreigner may register his work at the Department of Agriculture, In dustry and Public Works at Brussels. The term is the life of the author and 50 years after death except in cases of foreign authors, then the term is limited not to exceed that granted in the home country. In Switzerland register of title at the Department of Commerce and Industry at Bern is optional, not obliga tory; fee two francs. If registered, deposit of one copy is required. The term is the life of the author and 30 years after death. Works published by corporate body 30 years from pub lication. Photographs five years from registra tion. in Canada is to be registered with"the Minister of Agriculture at Ottawa; fee $1 for registry and 50 cents for certificate, and the work must be published in Canada and two copies deposited. The term is 28 years with renewal of 14 years or 42 years in all.
In Greece the period during which an author can hold a copyright is restricted to 15 years. The Swiss grant copyright during the life of the author or his heirs during 30 years from the date of publication of his work. In Brazil, the term of copyright is years from publican tion. In Venezuela the copyright is perpetual. In Holland the copyright lasts 50 years after publication. In Hungary and Portugal, copy right endures for the life of the author and 50 years after his death. In Germany and Austria copyright endures during the life of the author and during 30 years after his death. The dura tion of copyright in Italy is regulated in a peculiar manner. It endures for the life of the author and 40 years after his death, or for 80 years after the publication of the work, the term of years being divided into two periods of 40 years each. If the author dies within the first period of 40 years the remainder of the term is enjoyed by his heirs or assigns. The second period of 40 years begins at the death of the author, if he has died after the first period of 40 years has elapsed; or if he has died before them, at the end of the first period of 40 years. During the second period any one is at liberty to republish the work on payment to the owner of the copyright of a royalty of 5 per cent on the price, which must be marked on the book. France, Norway, Sweden and Denmark accord a copyright during the life of the author and 50 years after his death. Russia not only gives copyrights for life and 50 years after death, but also for 10 additional years if an edition of the work is published within five years from the end of the first copyright term. The law of Spain accords a copyright during the life of the author and for 80 years there after. In Mexico copyright is perpetual.
Consult Drone, (The Law of Property in Intellectual Production' ; Putnam, 'The Ques tion of Copyright) ; United States Copyright Law of 4 March 1909, and Copyright Laws of the World.
Revised by TITIAN W. JOHNSON, of the Washington Bar.