Owing to the slight error in transmission which crept into my telegram to you of February 16, as reported above, I have refrained from definitely accepting the Japanese proposals until in receipt of your further instructions. I have the honor, etc., LLOYD C. GRISCOM. [Inclosure.] PROPOSED ARTICLES OF THE CONVENTION. ARTICLE I. The subjects or citizens of one of the high contracting parties shall enjoy in the dominion of the other the protection of copyright for their works of literature and art, as well as photographs, against illegal reproduction, on the same basis on which protection is granted to the subjects or citizens of the other, subject, however, to the provisions of Article II of the present convention. ART. II. The subjects or citizens of one of the two high contracting parties may without authorization translate books, pamphlets, or any other writings, dramatic works, and musical compositions published in the dominions of the other by the subjects or citizens of the latter, and print and publish such translations. ART. III. The present convention shall be ratified, and the ratifications thereof shall be exchanged at Tokyo as soon as possible. It shall come into operation at the expiration of six months from the date of the exchange of its ratifications, and shall be applicable to such works only as shall be published after it shall have come into operation. Either of the contracting parties shall have the right at any time to give notice to the other of its intention to terminate the present convention, and at the expiration of three months after such notice is given this convention shall wholly cease and determine. The Acting Secretary of State to Minister Griscom. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Adee instructs Mr. Griscom to endeavor to have provision made in the copyright convention for the protection of all books from the day of the going into effect of the convention, and stipulating, on behalf of the Japanese publishers, that stock on hand at such date shall be allowed to be disposed of, with the understanding that no further reproductions shall be printed, but authorizes him, if this can not be procured, to agree to convention as proposed by Japanese Government, referred to in his telegram of February 16.) Minister Griscom to the Secretary of State. No. 333.1 AMERICAN LEGATION, Tokyo, November 10, 1905. SIR: I have the honor to confirm the following telegram sent you this afternoon: Tenth. Copyright convention signed to-day. GRISCOM. At 4 o'clock this afternoon, at the foreign office, the copyright convention between the United States and Japan was signed by The Count Katsura, as minister for foreign affairs, and by me. English and Japanese texts are inclosed herewith. At the request of the Japanese Government, who foresaw possible doubt as to the meaning of the word "published" as used in Article III, I exchanged notes with Count Katsura, concurring in the interpretation "published for the first time." Copies of the notes exchanged are also transmitted herewith. Mr. MINISTER: With reference to Article III of the copyright convention signed this day between Japan and the United States of America, I have the honor, in order to avoid any possible misunderstanding in future, to declare that the Imperial Government take the word "published" used in the said article as intended to mean the word "published for the first time," and consequently that the convention shall not be applicable to any reproduction in future in one of the two contracting countries of works published in the other country prior to the exchange of ratifications. The Imperial Government should be much gratified to be assured that your excellency's Government concur in the interpretation above given. I avail myself, etc., COUNT KATSURA TARO. [Inclosure 2.] No. 189.] Minister Griscom to the Minister for Foreign Affairs. AMERICAN LEGATION, Tokyo, November 10, 1905. MONSIEUR LE MINISTRE: In reply to your excellency's note of to-day, regarding the meaning of the word "published used in Article III of the copyright convention signed this day between the United States of America and Japan, I have the honor to state that the American Government entirely concurs in the interpretation given by the Imperial Japanese Government to the said word "published," and that the said convention shall not be applicable to any reproduction in future in one of the two contracting countries of works published in the other country prior to the exchange of ratifications. I avail, etc., LLOYD C. GRISCOM. TEXT OF THE COPYRIGHT CONVENTION. Signed at Tokio November 10, 1905. Ratification advised by the Senate February 28, 1906. Ratified by the President March 7, 1906. Ratified by Japan April 28, 1906. Ratifications exchanged at Tokio May 10, 1906. Proclaimed May 17, 1906. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention between the United States of America and the Empire of Japan, providing for legal protection in both countries in regard to copyright, was concluded and signed by their respective Plenipotentiaries at Tokio on the tenth day of November, one thousand nine hundred and five, the original of which Convention being in the English and Japanese languages is word for word as follows: The President of the United States of America and His Majesty the Emperor of Japan being equally desirous to extend to their subjects and citizens the benefit of legal protection in both countries in regard to copyright, have, to this end, decided to conclude a Convention, and have appointed as their respective Plentipotentiaries: The President of the United States of America, Lloyd C. Griscom, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Japan; and His Majesty the Emperor of Japan, General Count Taro Katsura, Junii, First Class of the Imperial Order of the Rising Sun, Third Class of the Imperial Order of the Golden Kite, His Imperial Majesty's Minister of State for Foreign Affairs; Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows: ARTICLE I. The subjects or citizens of each of the two High Contracting Parties shall enjoy in the dominions of the other, the protection of copyright for their works of literature and art as well as photographs, against illegal reproduction, on the same basis on which protection is granted to the subjects or citizens of the other, subject however to the provisions of Article II of the present Convention. ARTICLE II. The subjects or citizens of each of the two High Contracting Parties may without authorization translate books, pamphlets or any other writings, dramatic works, and musical compositions, published in the dominions of the other by the subjects or citizens of the latter, and print and publish such translations. ARTICLE III. The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible. It shall come into operation from the date of the exchange of ratifications, and shall be applicable to such works only as shall be published after it shall have come into operation. Either of the Contracting Parties shall have the right at any time, to give notice to the other of its intention to terminate the present Convention, and at the expiration of three months after such notice is given this Convention shall wholly cease and determine. In witness whereof the above mentioned Plenipotentiaries have signed the present Convention and have affixed thereto their seals. Done in duplicate at Tokio, in the English and Japanese languages, this 10th day of November, of year one thousand nine hundred and five, corresponding to the 10th day of the 11th month of the 38th year of Meiji. [SEAL.] [SEAL.] LLOYD C. GRISCOM. And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Tokio on the tenth day of May, one thousand nine hundred and six; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this seventeenth day of May, in the year of our Lord one thousand nine hundred and six, and of the Independence of the United States of America the one hundred and thirtieth. [SEAL.] By the President: ELIHU ROOT, Secretary of State. (Japanese text not printed.) THEODORE ROOSEVELT. No. 453.] Chargé Wilson to the Secretary of State. [Extracts.] AMERICAN LEGATION, Tokyo, May 15, 1906. SIR: I have the honor to confirm the legation's cipher telegram of the 3d instant and to acknowledge the receipt of your instructions by cable received on the 5th, as follows: SEC. STATE, Washington: [Telegram sent May 3, 1906.] Am I authorized to acknowledge in writing that the President's ratification of the copyright convention applies equally to the Japanese text, which is not included in our instrument of ratification, and that the texts have equal force? The ratification prepared by the Japanese Government covers both texts. AM. LEGATION, Tokyo: [Telegram received May 5, 1906.] WILSON. Copyright convention. You are authorized to make in writing statement in your telegram May 3. Would be well also to include statement in protocol of exchange. Department was unable to reproduce Japanese text and followed precedents. ROOT. Upon the receipt of the department's instruction No. 173, of March 9, wherewith were transmitted the President's ratification of the copyright convention of November 10, his authorization empowering me to effect the exchange of ratifications, and a form of protocol for such exchange, I at once informed the minister for foreign affairs that I was prepared to carry out the exchange of ratifications so soon as should be convenient to the Japanese Government. The delay which followed was due to the treaty's being still under consideration by the privy council; and finally a difficulty arose from the fact that the Japanese text was not ratified by the President. From the first discussions of this point it was apparent that the minister for foreign affairs would be satisfied with a formal assurance that the intention was the same as if the Japanese text had been inIcluded in the instrument of ratification. It is only recently, as you are aware, that the Japanese Government has made treaties wherein the Japanese version is not a mere translation but an authoritative text. The protocol, which I have the honor to forward herewith, was drawn up and signed on the 10th instant, when the exchange of ratifications took place, as was reported in the following telegram of that date: SEC. STATE, Washington: Tenth. Ratifications copyright convention exchanged to-day. WILSON. I have the honor to transmit under separate cover the instrument whereby the Emperor of Japan has ratified the convention. I have, etc., HUNTINGTON WILSON. [Inclosure.] PROTOCOL OF EXCHANGE OF RATIFICATIONS. The undersigned met together for the purpose of exchanging the ratifications of the convention between the President of the United States of America and His Majesty the Emperor of Japan regarding the protection of copyright in both countries, concluded and signed at Tokyo on the 10th day of November, 1905 (the 10th day of the 11th month of the 38th year of Meiji); Before proceeding to that act, the undersigned, chargé d'affaires ad interim of the United States of America, duly authorized by his Government, declared that, although owing to an inadvertent omission to forward from the American legation at Tokyo an extra copy of the Japanese text and because of the impossibility of reproducing the said text at the Department of State, the ratification by the president of the said convention is made only to the English text, the said ratification will be considered by the Government of the United States valid in all respects as if the Japanese text had also been ratified; The undersigned, His Imperial Japanese Majesty's minister of state for education, having accepted the foregoing declaration, and the respective ratifications of the said convention having thereupon been carefully compared and found to be exactly conformable to each other, the said exchange took place this day in the usual form. In witness whereof the undersigned have signed the present protocol of exchange and have affixed thereto their seals. Done in duplicate at Tokyo, this 10th day of May, 1906 (the 10th day of the 5th month of the 39th year of Meiji). HUNTINGTON WILSON, Chargé d'Affaires ad interim of the United States of America. N. MAKINO, His Imperial Japanese Majesty's Minister of State for Education. PURCHASE OF RAILWAYS BY THE JAPANESE GOVERNMENT. No. 429.] Chargé Wilson to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to confirm the legation's cipher telegram of the 27th ultimo, reading as follows: SEC. STATE, Washington: MARCH 27, 10 P. M. To-night the Japanese Parliament has passed a bill for the government purchase of all the principal railways. The cost is estimated at about 300,000,000 yen, payable in 5 per cent government bonds. A tariff bill, moderately tending toward protection, was also passed. Consultation with American merchants has confirmed my opinion that American trade is not materially affected. Parliament formally closes to-morrow. WILSON. The railway purchase bill had been considerably amended by the House of Peers, who struck out 15 small railways, mostly branch lines, from those private lines to be purchased by the Government; extended the period for the completion of the purchase from five to ten years, and that for payment from two to five years; and introduced a provision for appeal to the ministries concerned in case of dissatisfaction on the part of a company with the terms fixed upon by the commission. The minister president of state appeared on the floor of the house when this bill was taken up on the evening of the 27th ultimo and voiced the Government's recommendation that the amendments be accepted. |