No. 406/292.
The Acting Secretary of
State to Minister Calhoun.
Department of State,
Washington, July 2,
1910.
No. 37.]
Sir: I have to inclose herewith for the
information of the legation copy of a letter of to-day’s date to Messrs.
Ginn & Co., publishers of school and college textbooks, New York
City, relating to the present status of copyright protection afforded
American publications in China and Japan.
It will be noted that such protection as is accorded in Article XI of the
treaty of 1903 between the United States and China is to be given “in
the same way and manner and subject to the same conditions upon which it
agrees to protect trade-marks”—that is, upon registration by the proper
authorities of the United States at such offices as the Chinese
Government shall establish for such purpose, on payment of a reasonable
fee, after due investigation by the Chinese authorities and in
compliance with reasonable regulations.
Such protection, it is also clear, is to be given for 10 years from the
date of registration. The protection, however, promised in the article
does not appear to be of much value. The article merely provides that
books, maps, etc., especially prepared for the use and education of the
Chinese people and translations into Chinese of any books are to be
protected in the form in which so especially prepared or translations in
the original form of publications. Few books, if any, published in the
United States are especially prepared for the use and education of the
Chinese people, and no others can find protection against copyright
infringement in China. Even these few may be abridged or changed in
unimportant respects and then be published in China without redress. As
for translations, it is quite easy to modify a few sentences and
paragraphs without changing the sense or lessening the value of such
works, and by so doing produce a printed edition which can not be
touched. Even original works in Chinese by American missionaries or
others are just as easily deprived of protection. The article,
therefore, really affords no protection of value. Nevertheless, Chinese
officials have on various occasions shown a willingness to register book
titles and issue proclamations for their protection, and such
proclamations have the effect of deterring some who would otherwise
pirate these publications.
As to the provision for registration no arrangement has yet been approved
by the Chinese Government and no regulations for protection have been
drawn up.
The department is aware that the Chinese Government in replying to
inquiries regarding the copyright regulations state that such
regulations must await the adoption of satisfactory trade-mark
regulations. The department understands that such trade-mark regulations
were adopted in 1903 and were acceptable to the United States, Great
Britain, and Japan, but other powers objected, and repeated conferences
upon the subject since that date have been without result.
I am, etc.,
[Page 201]
[Inclosure.]
The Acting Secretary of
State to Messrs. Ginn &
Co.
Department of State,
Washington, July 2,
1910.
Gentlemen: I beg to acknowledge the receipt
of your letter of the 21st ultimo, requesting information as to the
present status of copyright protection afforded American
publications in China and Japan.
In reply I quote below Article XI of the latest commercial treaty
between the United States and China, which, you will observe, is far
from satisfactory, inasmuch as it guarantees protection to such
books only as are “especially prepared for the use and education of
the Chinese people, or translation into Chinese of any book,” and,
even in the case of such books, protects the proprietor merely
against reprinting in the same form as the registered work. The
article reads as follows:
article xi.
Whereas the Government of the United States undertakes to
give the benefits of its copyright laws to the citizens of
any foreign State which gives to the citizens of the United
States the benefits of copyright oh an equal basis with its
own citizens:
Protection of copy right. Therefore
the Government of China, in order to secure such benefits in
the United States for its subjects now agrees to give full
protection, in the same way and manner and subject to the
same conditions upon which it agrees to protect trade-marks,
to all citizens of the United States who are authors,
designers, or proprietors of any book, map, print, or
engraving especially prepared for the use and education of
the Chinese people, or translation into Chinese of any book,
in the exclusive right to print and sell such book, map,
print, engraving, or translation in the Empire of China
during 10 years from the date of registration. With the
exception of the books, maps, etc., specified above, which
may not be reprinted in the same form, no work shall be
entitled to copyright privileges under this article. It is
understood that Chinese subjects shall be at liberty to
make, print, and sell original translations into Chinese of
any works written or of maps compiled by a citizen of the
United States. This article shall not be held to protect
against due process of law any citizen of the United States
or Chinese subject who may be author, proprietor, or seller
of any publication calculated to injure the well-being of
China.
It will be noted that books must be registered in order to secure
protection, and the Chinese Government has not yet issued any
regulations or made any provisions for the enforcement of this
article of the treaty.
Pending the issue of such regulations, however, the Chinese
authorities are allowing book titles to be registered at the offices
of the imperial maritime customs under the same arrangement as that
made in the case of trade-marks.
Prior to the ratification of the latest commercial treaty between the
United States and China, the Chinese local authorities frequently
manifested a willingness to protect American copyrights by issuing,
at the request of American consular officers, proclamations
forbidding the reprint of books registered at the consulate, and in
a number of cases native publishers and booksellers were fined for
disregard of such proclamations. This procedure is still possible,
and, in fact, is in vogue, but it can not be insisted upon as a
right.
With respect to infringement by non-Chinese residents of China, there
only exists one convention—that between the United States and Japan.
This convention guarantees the protection of American copyright
against infringement by Japanese or Koreans in China.
American copyright is protected in Japan by the convention between
the United States and Japan of 1905. By the trade-mark conventions
signed May 19, 1908, by the United States and Japan, similar
protection is extended against infringement of American copyright by
Japanese and Korean subjects in Korea as well as in China.
There is inclosed herewith for your information a pamphlet prepared
in this department on the protection extended to patents, designs,
trade-marks, and copyrights in China, Japan, and Korea.
I am, etc.,
