Mr. Lincoln to Mr.
Blaine.
Legation of
the United States,
London, January 9, 1892.
(Received January 19.)
No. 594.]
Sir: Referring to your instruction numbered 656 of
the 19th ultimo, in relation to the denial by the Canadian government of the
right of citizens of the United States to the benefit of copyright in
Canada, I have the honor to acquaint you that yesterday in an interview with
the
[Page 224]
Marquis of Salisbury I brought
the matter to his notice directly. While I think his lordship had already
heard something of it, I don’t think that it had been presented to him so as
to arrest his attention properly. He indicated great interest at once, and
without expressing any opinion as to the result said that he would cause the
business to be looked into immediately. I did not in any way press for an
immediate expression from him as to the solution of the difficulty, as I
could hardly expect to learn anything further at the moment than that I
already knew that the assurances in his note of June 16, 1891, were the
official opinions of the law officers of the Crown, and that they must again
be consulted prior to further action.
I did not fail to suggest the urgency of the subject, orally, and again
to-day in a note, of which a copy is herewith transmitted, and which I have
addressed to his lordship, inclosing at his request a copy of the
communication from the registrar in Canada to Messrs. Munn & Co., of New
York, dated the 22d of August, 1891.
I have, etc.,
[Inclosure in No. 594.]
Mr. Lincoln to Lord
Salisbury.
Legation of the United States,
London, January 9,
1892.
My Lord: With reference to our conversation of
yesterday, I have the honor to transmit a copy of a communication, dated
August 22, 1891, from the registrar in charge of the copyright and
trade-mark branch of the department of agriculture of the Dominion of
Canada, addressed to Messrs. Munn & Co., publishers, of New York, by
which the latter are given officially to understand that citizens of the
United States can not have the benefit of copyright in Canada.
It will be observed, as I indicated to your lordship yesterday, that the
communication itself negatives the possibility of the official action
being based upon any failure or refusal to comply with the provisions of
Canadian law as to printing and publishing in Canada. I venture also to
point out that the registrar, while appearing to have before him the
proclamation of the President, omits, as though unimportant,
consideration of the statute and of the official assurances upon which
the proclamation was based, and which are set forth in its preamble.
Inasmuch as under the proclamation, as it now stands, Her Majesty’s
Canadian subjects enjoy full privilege of copyright in the United
States, as do all British subjects, on a footing of perfect equality
with citizens of the United States, Mr. Blaine, upon receipt of the
information of the attitude of the Canadian Government, denying the
existence of a reciprocal right of our citizens in respect to Canadian
copyright, addressed a note to Sir Julian Pauncefote, but in view of the
importance of the immediate removal of any misapprehension on the
subject, he has instructed me to suggest to your lordship directly the
urgency of the matter.
I have the honor to inclose, for your lordship’s convenience, additional
copies of the President’s proclamation, above mentioned, and of sundry
other papers printed therewith.
I have, etc.,