Mr. Blaine to Mr. Lincoln.

No. 656.]

Sir: I inclose for your information, having reference to your dispatches numbered 475 and 477, of June 17 and 20 last, respectively, in relation to copyright, a copy of a note which I have addressed to the British minister at this capital on the 19th instant in the matter of the refusal of the Canadian Government to grant copyright protection in that country to citizens of the United States. The fourth section of the Canadian copyright act provides that copyright may be obtained by “any person domiciled in Canada or in any part of the British possessions, or any citizen of any country which has an international copyright treaty with the United Kingdom.”

The question now, however, would seem to be not whether the Dominion Government correctly applies its own law of copyright, but rather whether the assurance given in Lord Salisbury’s amended note of June 16, 1891, and upon which the President’s proclamation rests in granting reciprocal copyright privilege to all subjects of Great Britain, correctly represents the treatment accorded to American citizens by “the law of copyright in force in all British Possessions.”

As the President’s proclamation now stands citizens of the Dominion of Canada enjoy full privilege of copyright in the United States equally with all British subjects whatever, and on a footing of perfect equality with citizens of the United States. If the reciprocal arrangement [Page 223] which was thus entered into rests on a grave misapprehension in an important particular, it is very desirable that the true facts of the situation should be promptly and fully understood, to enable the President to execute the act of March 8, 1891.

If a prompt disposition of the matter is likely to be thereby aided, you are authorized to bring the subject directly to the attention of Lord Salisbury, laying stress upon the urgency of the inquiry that has been addressed to Sir Julian Pauncefote.

I also inclose a letter from Messrs. Munn & Co., of the 11th instant, which served as a basis to my note to the British Minister.

I am, &c.,

James G. Blaine.
[Inclosure in No. 656.]

Munn & Co., to the President.

Sir: We learn from your official message to the Senate and House of Representatives, dated 9th instant, that international copyright has been secured with Great Britain and the British Possessions, the laws of those countries permitting to our citizens the benefit of copyright on substantially the same basis as to their own citizens and subjects.

We inclose an official letter from the Canadian registrar, dated August 22, 1891, which denies the right of American citizens to obtain copyright protection in Canada, and is to that extent contradictory of the message.

The matter is one of considerable importance to our citizens who at present are unable to obtain any protection in Canada, although registration is allowed to Canadians in this country.

Very respectfully, etc.,

Munn & Co.
[Inclosure to inclosure in No. 656.]

Mr. Jackson to Messrs. Munn & Co.

Gentlemen: You ask to be advised whether, under section 4 of “The copyright act,” chapter 62, of Revised Statutes of Canada, citizens of the United States can be admitted to the privileges of registration of copyright in Canada on their complying with the conditions of printing and publishing in Canada, in view of the provisions of the United States copyright act of March last, and the proclamation of the President.

In reply I am directed to say that the enactment and proclamation referred to do not constitute an “International copyright treaty,” and that therefore citizens of the United States can not register under our act.

I remain, etc.,

J. B. Jackson,
Registrar.