Bilateral copyright agreements of the United States

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Bilateral copyright agreements of the United States are agreements between the United States and another country which allow U.S. authors to claim copyright protection in the other country and authors from that country to claim protection under United States copyright law.

Contents

The agreements can take one of two forms with respect to the United States:

Treaties which deal only with copyright matters are usually known as "conventions": however, certain other treaties (e.g., peace treaties) also contain provisions concerning copyright.

Countries affected

It is impossible to give a definitive list of countries which are affected by the proclamations listed below. The law of succession of states allows for the de facto continuation of a treaty or agreement when a territory becomes independent, and many of the proclamations had effect in former dependent territories.

The United States Department of State has the responsibility to determine whether an agreement is still in force or not with respect to a given territory: it does not make this determination unless there is an actual case in question. For several former dependent territories, the question has yet to be posed and the status of their copyright relations with the United States is listed as "uncertain" by the U.S. Copyright Office. [1]

If the country concerned has continued to protect U.S. copyrighted works since independence, the agreement may be considered to be still in force: under U.S. law, the decision lies with the Secretary of State. The President also has the option of issuing a proclamation under 17 U.S.C. 104A, which has the effect of recognizing the copyrights of the country concerned but provides safeguards for anyone who has used works in the United States while believing they were in the public domain. This latter option has been used once since it was introduced by the Uruguay Round Agreements Act in 1994, with respect to Vietnam. [2]

Proclamations issued before January 1, 1978, the effective date of the Copyright Act of 1976, remain in force under section 104 of that Act, which provides that: "All proclamations issued by the President under section 1(e) or 9(b) of title 17 as it existed on December 31, 1977, or under previous copyright statutes of the United States, shall continue in force until terminated, suspended, or revised by the President."

Chronological list

As of January 1,2006, the U.S. State Department lists the following bilateral treaties in force. [3]

Date of
proclamation
Effective
date
CountryNotes[ clarification needed ]Reference
1891-07-011891-07-01 Belgium, France, Great Britain and British possessions, Switzerland  27  Stat.   981
1892-04-151892-04-15 Germany  27  Stat.   1021
1892-10-311892-10-31 Italy Letters between William F. Wharton and Saverio Fava. Based on copyright law 1012/1882 in Italy and 1891 copyright act. Ratified with Italian royal decree 17/1893 after USA presidential proclamation 35/1892; later denounced; restored in 1948. No set expiry. [4] [5] 27  Stat.   1043
1893-05-081893-05-08 Denmark  28  Stat.   1219
1893-07-201893-07-20 Portugal  28  Stat.   1222
1895-07-101895-07-10 Spain  29  Stat.   871
1896-02-271896-02-27 Mexico  29  Stat.   877
1896-05-251896-05-25 Chile  29  Stat.   880
1898-12-101898-12-10 Spanish possessions Treaty30  Stat.   1754; TS 343
1899-10-191899-10-19 Costa Rica  31  Stat.   1955
1899-11-201899-11-20 The Netherlands and Dutch possessions  31  Stat.   1961
1903-10-081904-01-13 China Treaty33  Stat.   2208
1903-11-171903-11-17 Cuba  33  Stat.   2324
1905-07-011905-07-01 Norway  34  Stat.   3111
1905-11-101906-05-10 Japan Conv.34  Stat.   2890
1907-09-201907-09-20 Austro-Hungarian Empire  35  Stat.   2155
1908-05-191908-08-06 Japanese possessions in Korea Conv.35  Stat.   2041
1908-05-191908-08-06 Japanese possessions in China Conv.35  Stat.   2044
1910-04-091909-07-01 Austro-Hungarian Empire, Belgium, Chile, Costa Rica, Cuba, Denmark, France, Germany,

Great Britain and British possessions, Italy, Mexico, The Netherlands and Dutch possessions, Norway, Portugal, Spain, Switzerland

 36  Stat.   2685
1910-06-291910-06-29 Luxembourg  36  Stat.   2716
1910-12-081910-12-08 Germany m36  Stat.   2761
1911-05-261911-06-01 Sweden  37  Stat.   1682
1911-06-141910-09-09 Norway m37  Stat.   1687
1911-06-141909-07-01 Belgium m37  Stat.   1688
1911-06-141910-06-29 Luxembourg m37  Stat.   1689
1911-11-271911-05-29 Cuba m37  Stat.   1721
1912-01-301912-10-16 Hungary Conv., m37  Stat.   1631
1912-10-041912-10-04 "the subjects of Tunis"  37  Stat.   1765
1915-01-011915-01-01 United Kingdom and the British Dominions, Colonies and Possessions with the exception of Canada, Australia, New Zealand, South Africa and Newfoundlandm38  Stat.   2044
1915-05-011915-05-01 Italy m39  Stat.   1725
1916-08-041916-08-04 Danish West Indies Treaty 39  Stat.   1706; TS 629
1917-02-091916-12-01 New Zealand m39  Stat.   1815
1918-04-031918-03-15 Australia m40  Stat.   1764
1918-05-241918-05-24 France m40  Stat.   1784
1920-02-271920-02-01 Sweden m41  Stat.   1787
1920-04-101920-02-02 United Kingdom and the British Dominions, Colonies and Possessions with the exception of Canada, Australia, New Zealand, South Africa and Newfoundlandmx41  Stat.   1790
1920-12-091920-12-09 Denmark mx41  Stat.   1810
1920-12-161921-09-01 Thailand Treaty42  Stat.   1928; TS 655
1921-08-241921-08-24 Austria Treaty42  Stat.   1946; TS 659
1921-08-251921-08-25 Germany Treaty42  Stat.   1939; TS 658
1921-08-291921-08-29 Hungary Treaty42  Stat.   1951; TS 660
1922-05-221922-05-22 Austria x42  Stat.   2273
1922-05-251922-05-25 Germany x42  Stat.   2271
1922-05-251922-05-25 New Zealand x42  Stat.   2274
1922-06-031922-06-03 Italy x42  Stat.   2276
1922-06-031922-06-03 Hungary x42  Stat.   2277
1923-02-261922-10-02 The Netherlands and Dutch possessions m42  Stat.   2297
1923-12-271924-01-01 Canada m43  Stat.   1932
1924-06-261924-07-01 South Africa m43  Stat.   1957
1924-11-221923-07-01 Switzerland m43  Stat.   1976
1925-03-111920-08-01 Austria m44  Stat.   2571
1925-11-181925-07-01 Chile m44  Stat.   2590
1927-02-141927-02-16 Poland m44  Stat.   2634
1927-04-271927-03-01 Czechoslovakia m45  Stat.   2906
1928-05-141928-05-14 Romania m45  Stat.   2949
1928-12-151929-01-01 Finland m45  Stat.   2980
1929-09-281929-10-01 Irish Free State m46  Stat.   3005
1932-02-231932-03-01 Greece m47  Stat.   2502
1933-09-291933-10-01 Palestine (excluding Trans-Jordan)m48  Stat.   1713
1934-04-071934-04-07 Danzig m48  Stat.   1737
1934-08-231934-08-23 Argentina m49  Stat.   3413
1934-10-101934-10-10 Spain m49  Stat.   3420
1937-11-131938-10-01 Thailand Treaty53  Stat.   1731
1944-03-101944-03-10 United Kingdom, certain British Territories and Palestine (excluding Trans-Jordan)xx58  Stat.   1129
1946-11-041948-11-30 China Treaty63  Stat.   1299
1947-02-101947-09-15 Italy Treaty61  Stat.   1245; TIAS 1648
1947-02-101947-09-15 Romania Treaty61  Stat.   1757; TIAS 1649
1947-02-101947-09-15 Hungary Treaty61  Stat.   2065; TIAS 1651
1947-03-271947-03-27 France xx61  Stat.   1057
1947-04-241947-04-24 New Zealand xx61  Stat.   1065
1948-10-211948-10-21 Philippines m62  Stat.   1568
1949-12-291949-12-29 Australia xx (12 months)64 Stat. A385
1950-03-261950-12-29 United Kingdom, certain British Territories and Palestine (excluding Trans-Jordan)o64 Stat. A412
1950-05-041950-05-15 Israel m64 Stat. A402
1950-05-261950-12-29 France o64 Stat. A413
1950-05-261950-12-29 New Zealand o64 Stat. A414
1951-09-081952-04-28 Japan Treaty3 UST 3169; TIAS 2490
1951-11-161951-11-16 Finland xx66 Stat. C5
1951-12-121951-12-12 Italy xx66 Stat. C13
1952-02-041952-02-04 Denmark xx66 Stat. C20
1952-10-151952-10-15 Monaco m67 Stat. C16
1953-11-101952-04-28 Japan m5 UST 118
1954-10-211947-08-15 India m5 UST 2529
1957-04-021957-04-02 Brazil m8 UST 424
1960-06-151960-06-15 Austria xx74 Stat. C69
1966-05-291968-06-08 Thailand Treaty19 UST 5843; TIAS 6540
1967-07-121967-07-12 Federal Republic of Germany xx18 UST 2369
1987-05-181987-05-18 Singapore  101  Stat.   2134
1992-03-171992-03-17 People's Republic of China  57 F. Reg. 9647
1998-12-231998-12-23 Vietnam r63 F. Reg. 71571
2000-07-132001-12-10 Vietnam Conv.H. Doc. 107-85
2000-10-242001-12-17 Jordan Conv.H. Doc. 107-15

See also

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References

  1. International Copyright U.S. Copyright Office Circular 38a: Relations of the United States (PDF). United States Copyright Office. Nov 2010. Archived (PDF) from the original on 7 April 2011. Retrieved April 20, 2011.
  2. "Presidential Proclamation 7161: Extending United States Copyright Protections to the Works of the Socialist Republic of Vietnam" (PDF). Office of the President. December 23, 1998. Archived from the original (PDF) on 2011-08-23.
  3. Treaties in Force: a List of Treaties and Other International Agreements of the United States in Force on January 1, 2006; Appendix A, International Copyright Relations of the United States (PDF). U.S. Department of State. 2006.
  4. "Scambio di note relativo ai diritti d'autore" via ITRA. Vigenza italiana Dal 28/10/1892 Vigenza internazionale Dal 28/10/1892 INDETERMINATA. DENUNCIABILE IN QUALSIASI MOMENTO SENZA PREAVVISO. Provvedimento legislativo RD N. 17 DEL 12.01.1893 - GU N. 31 DEL 07.02.1893 Pubblicazione ove reperire il testo https://www.gazzettaufficiale.it/eli/gu/1893/02/07/31/sg/pdf Note e clausole RIMESSO IN VIGORE CON NOTA DEL 12.03.1948 - GU N. 217 DEL 17.09.1948. PUBBLICAZIONE OVE REPERIRE IL TESTO: TRATTATI E CONVENZIONI VOL. XIII PAG. 200.{{cite web}}: External link in |quote= and |via= (help)
  5. "INTERNATIONAL COPYRIGHT RELATIONS OF THE UNITED STATES" (PDF). The exchanges of notes between the United States and Italy, on the basis of which the proclamations of October 31, 1892 and May 1, 1915, were issued, were the subject of a note delivered on March 12, 1948, to the Italian Foreign Office by the American Embassy at Rome with respect to pre-war bilateral treaties and other international agreements which the United States desired to keep in force or revive pursuant to Article 44 of the Treaty of Peace with Italy. The note stated in part that the Government of the United States of America wishes to include the reciprocal copyright arrangement between the United States and Italy effected pursuant to the exchange of notes signed at Washington October 28, 1892, and the exchanges of notes signed at Washington September 2, 1914, February 12, March 4, and March 11, 1915, among the pre-war bilateral treaties and other international agreements with Italy which the United States desires to keep in force or revive. Accordingly, it is understood that the aforementioned arrangement will continue in force and that the Government of each country will extend to the nationals of the other country treatment as favorable with respect to copyrights as was contemplated at the time the arrangement was entered into by the two countries. (Department of State Bulletin, April 4, 1948, p. 455).