direct, may order such return upon the filing by the defendant of a bond executed by at least two sureties, binding them in a specified sum to be fixed in the discretion of the court, and conditioned for the delivery of said specified articles to abide the order of the court. The plaintiff or complainant may require such sureties to justify within ten days of the filing of such bond. 11. Upon the granting of such application and the justification of the sureties on the bond, the marshal shall immediately deliver the articles seized to the defendant. 12. Any service required to be performed by any marshal may be performed by any deputy of such marshal. 13. For services in cases arising under this section, the marshal shall be entitled to the same fees as are allowed for similar services in other cases. Typical Copyright Proclamation by the President of the United States under Section 8 of the Copyright Act ARGENTINA By the President of the United States of America A PROCLAMATION WHEREAS it is provided by the act of Congress approved March 4, 1909 (ch. 320, 35 Stat. 1075-1088), entitled "An act to amend and consolidate the acts respecting copyright", that the copyright secured by the act, except the benefits under section 1 (e) thereof as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only upon certain conditions set forth in section 8 of the act, to wit: "(a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or "(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party thereto"; and WHEREAS it is provided by section 1 (e) that the provisions of the act "so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights"; and WHEREAS the President is authorized by section 8 to determine by proclamation made from time to time the existence of the reciprocal conditions aforesaid, as the purposes of the act may require; and WHEREAS satisfactory official assurances have been received that on and after August 23, 1934, citizens of the United States will be entitled to obtain copyright for their works in Argentina which is substantially equal to the protection afforded by the copyright laws of the United States, including rights similar to those provided by section 1 (e); NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do declare and proclaim: That on and after August 23, 1934, the conditions specified in section 8 (b) and 1 (e) of the act of March 4, 1909, will exist and be fulfilled in respect of the citizens of the Argentine Republic and that on and after August 23, 1934, citizens of the Argentine Republic shall be entitled to all the benefits of this act and acts amendatory thereof: Provided, That the enjoyment by any work of the rights and benefits conferred by the act of March 4, 1909, and the acts amendatory thereof, shall be conditional upon compliance with the requirements and formalities prescribed with respect to such works by the copyright laws of the United States; And provided further, That the provisions of section 1 (e) of the act of March 4, 1909, insofar as they secure copyright controlling parts of instruments serving to reproduce mechanically musical works shall apply only to compositions published after July 1, 1909, and registered for copyright in the United States which have not been reproduced within the United States prior to August 23, 1934, on any contrivance by means of which the work may be mechanically performed. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the City of Washington this 23d day of August, in the year of our Lord nineteen hundred and thirty-four, and of the Inde[SEAL] pendence of the United States of America the one hundred and fifty-ninth. By the President: WILLIAM PHILLIPS, Acting Secretary of State. FRANKLIN D. ROOSEVELT. [No. 2095] British Order in Council Extending Copyright Protection to Unpublished Works of Citizens of United States At the Court at Buckingham Palace, the 3d day of February, 1915. Present, THE KING'S MOST EXCELLENT MAJESTY, LORD PRESIDENT, VISCOUNT KNOLLYS, LORD CHAMBERLAIN, MR. SECRETARY HARCOURT, MR. ARTHUR HENDERSON, SIR WILLIAM MACGREGOR, LORD JUSTICE BANKES. Whereas by a Proclamation of the President of the United States of America, dated the 9th April, 1910, the benefits of the United States Act of 1909, entitled "An Act to Amend and Consolidate the Acts respecting Copyright," were extended to the subjects of Great Britain and her possessions, but no provision was made therein for the protection of the musical works of British subjects against reproduction by means of mechanical contrivances: And whereas His Majesty is advised that the Government of the United States of America has undertaken, upon the issue of this Order, to grant such protection to the musical works of British subjects: And whereas by reason of these premises His Majesty is satisfied that the Government of the United States of America has made, or has undertaken to make, such provision as it is expedient to require for the protection of works entitled to copyright under the provisions of Part I of the Copyright Act, 1911: And whereas by the Copyright Act, 1911, authority is conferred upon His Majesty to extend, by Order in Council, the protection of the said Act to certain classes of foreign works within any part of His Majesty's Dominions, other than self-governing dominions, to which the said Act extends: And whereas it is desirable to provide protection within the said dominions for the unpublished works of citizens of the United States of America: Now, therefore, His Majesty, by and with the advice of His Privy Council, and by virtue of the authority conferred upon him by the Copyright Act, 1911, is pleased to order, and it is hereby ordered, as follows: 1. The Copyright Act, 1911, including the provisions as to existing works, shall, subject to the provisions of the said Act and of this Order, apply(a) to literary, dramatic, musical and artistic works the authors whereof were at the time of the making of the works Citizens of the United States of America, in like manner as if the authors had been British Subjects: (b) in respect of residence in the United States of America, in like manner as if such residence had been residence in the parts of His Majesty's dominions to which the said Act extends. Provided that (i) The term of copyright within the parts of His Majesty's dominions to which this Order applies shall not exceed that conferred by the law of the United States of America: (ii) the enjoyment of the rights conferred by this Order shall be subject to the accomplishment of the conditions and formalities prescribed by the law of the United States of America: (iii) in the application to existing works of the provisions of Section 24 of the Copyright Act, 1911, the commencement of this Order shall be substituted for the 26th July, 1910, in subsection 1 (b). 2. This Order shall apply to all His Majesty's Dominions, Colonies and Possessions, with the exception of those hereinafter named, that is to say:The Dominion of Canada. The Commonwealth of Australia. 3. This Order shall come into operation on the 1st day of January, 1915, which day is in this Order referred to as the commencement of this Order. And the Lords Commissioners of His Majesty's Treasury are to give the necessary Orders accordingly. Almeric FitzRoy. Explanation of Foregoing Order in Council "Your Excellency: [London] Foreign Office, S. W. 1, May 17, 1918. With reference to your note no. 411 of March 20th, I have the honour to state that the object of the Order in Council of the 3rd February, 1915, was to provide protection within the Dominions to which the British Copyright Act extends for the unpublished works of citizens of the United States of America, and by the issue of such order, to obtain from the Government of the United States of America protection against reproduction by means of mechanical contrivances for the works of British subjects. 2. The operative part of the Order accordingly places American authors upon the same footing as British authors in respect of unpublished works, subject to certain conditions. 3. In the case of published works the copyright conferred by the British Act is dependent upon the place of publication of the work and not upon the nationality of the author; and the Order in Council contains no provision making first publication in the United States equivalent to first publication in the parts of His Majesty's Dominions to which the Act extends. *** American authors, therefore, can still only obtain protection in this country for their published works by first (or simultaneous) publication in the parts of His Majesty's Dominions to which the Act extends, or in Allied or neutral countries belonging to the International Copyright Union under the provisions of the Order in Council under the Copyright Act relating to the foreign countries of the Union. Further, the publishers of books by American authors published in the United Kingdom must still comply with the requirements of section 15 of the Act as to deposit of copies in certain libraries. ** ** For the Secretary of State (signed) Victor Wellesley. |