663373-1887-International-Copyright-Union — Page 15

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THE HONGKONG GOVERNMENT GAZETTE, 5TH FEBRUARY, 1887. 123

Whilst not prepared to join in the proposed Convention as a full Signatory, the United States does not thereby wish to be understood as opposing the measure in any way, but on the contrary, desires to reserve without prejudice the privilege of future accession to the Convention; should it become expedient and practicable to do so. Should any question exist that the representation of the United States in this Conference, even under specific and recognized limitation, is such a participation as would suffice to exclude them from the category of the "countries that have not joined" in that instrument, and thereby to exclude them also from the privilege of future accession, should they desire to avail themselves of it, I desire to emphasize the fact, that the course of the United States is in nowise intended or to be construed as a participation in the result either by acceptance or rejection. The position and attitude of the United States is one of expectancy and reserve.

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The Constitution of the United States enumerates among the powers especially reserved to Congress, that "to promote the progress of science and the useful arts by securing for limited terms to authors and inventors the exclusive right to their respective writings and discoveries,' which implies that the origination and limitation of measures to those ends rests with the Legislative rather than the Treaty-making Power. Copyright like patents is on the same footing of regulation by Federal legislation, and the Executive branch of the Government cannot be unmindful of the continued pen- dency of its consideration by the Legislative Department, or disregard the Constitutional right of that Department to conclude International Treaties on this important subject.

The question of international copyright is one of great interest to the United States. In fact, few other countries can lay claim to greater concern than that naturally felt by a people distinguished for enlightened, extensive and growing intellectual life, and whilst not infringing upon the constitutional prerogative of Congress to initiate and conclude copyright legislation, likewise to define the rights of aliens and citizens within its jurisdiction, the Executive in its first annual Message to Congress, inviting its attention to the Conference of last September, said: "Action is certainly desirable to effect the object in view;" and the Secretary of State for Foreign Affairs, in his official despatches relating to this Conference, freely expresses his concurrence with the principle sought to be enunciated by the proposed Convention, and conveys the hope that the time is not distant when the rights of property in the creation of the mind may be universally secured under conditions favourable alike to the author and to the world's right to share in the diffusion of ideas.

The brain that creates is entitled to and should receive its just and full compensation; this is a sentiment having its origin in the natural sense of honesty. Literary property has been to some extent recognized in all ages, and is to-day guaranteed in. almost every State by domestic legislation. This recognition and guarantee should be without distinction of nationality and without regard to political frontiers.

It is a matter of congratulation and redounds much to the credit of the Swiss Government, through whose active efforts the movement was successfully inaugurated and supplemented by the patient and intelligent labours of the several Conferences held here at her invitation, that a just and permanent settlement once for all of the grave question of the protection of works of literature and art, so long and unjustly denied, is promised by means of a uniform, efficacious, and complete International Convention.

Sir,

No. 14.

The Earl of Iddesleigh to Sir F. Adams.

Foreign Office, September 30, 1886.

I HAVE received your despatch of the 10th instant, signed by yourself and Mr. Bergne, reporting your proceedings as British Delegates to the Third International Copyright Conference which met at Berne on the 6th instant, and in which you inclose the British signed copies of the International Copyright Convention, Additional Article, Final Protocol, and Procès-verbal of Signature, which were signed on the 9th instant.

I have referred that despatch to the Board of Trade, and I have now to acquaint you that the proceedings of the British Delegates, as reported therein, are approved by Her Majesty's Government.

I have to add that I have addressed a similar communication to Mr. Bergne.

I am, &c.

(Signed)

IDDESLEIGH.