Note 115 — Chapter XX · SWITZERLAND THE SEAT OF INTERNATIONAL UNIONS.

Since this was written and placed in the hands of the publishers Congress has passed and the President approved a copyright bill, aimed at securing reciprocal protection to American and foreign authors in the respective countries which may comply with its provisions. While the measure which has become a law is not entirely satisfactory to the friends of international copyright, and must be regarded as experimental as to its ultimate results or workings, all of its advocates feel that it is a huge instalment of justice, and a gratifying victory gained for the indorsement of the principle of international copyright. In answer to an inquiry addressed to Mr. A. R. Spofford, Librarian of Congress, as to the effect of the law on the relation of the United States to the Bern Convention, he has kindly made the following statement: “Under the rather uncertain (not to say ambiguous) meaning of Sec. 13 of the Act of March 3, 1891, two things seem to be necessary before a foreigner can be entitled to copyright in the United States: (1) His government must be one that already grants copyright to Americans (by law or international agreement) on the same terms as to its own people; (2) the President must certify by proclamation the fact just cited.

“Whether the new law was intended to be at once applicable to the authors of all nations who were parties to the Berne Convention of 1885-86; whether the Executive of the United States has authority now to accede to this convention, and join the International Union under the provisions of Article XVIII.; whether this would require the concurrent action of the President and Senate; or, finally, whether an act of Congress would be required (as Great Britain had to pass an act through Parliament to make that country a party to the Berne International Union), all these appear to me to be open questions, owing to lack of precision in the Act of March 3, which was passed in a crowded state of the public business, and not fully digested by a committee, especially with regard to the Berne Convention.”