Korea 28), modifying a law of 1877, and in the same year (July 15) ratified the Berne-Paris agreements and became a member of the International Copyright Union. Amendatory acts were adopted in 1910, on June 14-15, broadening the scope to include architecture and providing as to details of registration. Under domestic legislation first publication in Japan is the only requisite for copyright, but registration must be made in the Ministry of the Interior before action for infringement can be brought, and by disclosure of name to obtain the full term for anonymous and pseudonymous works. Registrations are printed in the official gazette. Protection is for life and thirty years, or thirty years for anonymous, posthumous and corporate works. The right of translation is protected for ten years, and translations are protected for the full term; photographs for ten years only. Titles are protected in copyrighted works, but not general titles. Periodical contributions must be protected by notice. Japan accepted the convention of Berlin with reservations as to the exclusive right of translation, in which it adheres to Article V of the Berne convention as revised at Paris, and as to the public performance of musical works, in which it adheres to Article IX of the Berne convention. Japan has treaties with China (1903) and with the United States (November 10, 1905, "proclaimed" May 17, 1906), which, however, excepts translations, and also special treaties of August II, 1908, covering Japanese protectorates in Korea and China. Korea was formerly without copyright provisions, except as given by the above-named treaty and similar British provisions as to the consular court at Seoul, but since it has become practically a Japanese possession, it has been included by Japanese ordinance of 1908 under Japanese copyright law. China promulgated, December 18, 1910, its first China domestic copyright provisions, establishing a term of life and thirty years, on condition of registration by deposit of two copies at the Ministry of the Interior or corresponding provincial office, with a fee of five dollars. The protection does not include the exclusive right to translate foreign works into the Chinese language, although individual translations may be protected. Photographs, unless included in writings, are protected only for ten years from date of registration. These provisions require approval to be made effective. China has a treaty with Japan (1903) and one of like date (October 8, 1903) with the United States, effective from January 13, 1904, protecting for ten years books, maps, prints, or engravings, "especially prepared for the use and education of the Chinese people" or "translation into Chinese of any book," but Chinese subjects are to have liberty to make "original translations into Chinese," so that the treaty affords little protection. By treaty with Japan (August 11, 1908) Japan's copyright protection is extended where it has extra-territorial jurisdiction, as in Canton and other places in China. By British Orders in Council of 1899, 1907, copyright protection against infringement by a British subject may be afforded by the consular court at Shanghai to foreign as well as British suitors under specified conditions. Siam passed a literary copyright law in 1901, giving Siam identical rights with those in any other property for life and seven years, or for forty-two years, whichever the longer, on the conditions of printing and publication within the country, registration within a year and deposit of four copies. Siam has no treaty relations, but works printed and first published there possibly would have the benefit of the law. British copyright protection is also extended through British consulates. Asia otherwise Tunis, etc. Egypt Persia and other native-governed countries seem to have no copyright protection, although Persia was represented at the Berlin conference. Copyright provisions in British India, Ceylon and the other Asian colonies is covered in the preceding chapter on the British dominions. The Dutch East Indies have copyright protection under Dutch law, and IndoChina under French law. The Philippine Islands, like the Sandwich Islands (Hawaii), have copyright protection under United States law. Tunis, a protectorate of France but not a French colony, long the only unionist country in Africa, has domestic protection under its law of 1889, following in general that of France, with a term of life and fifty years. It was one of the original parties, as a separate power, to the treaty of Berne, accepted the Paris acts and ratified the Berlin convention with reservation, September 30, 1910, like France, as to works of applied design, in which it adheres to the stipulations of the previous convention; it has no other foreign relations. Algiers, a French colony, is under French law and international relations. Morocco and other native states seem to be without copyright protection. Egypt, under the protectorate of Great Britain but not a British possession technically, is without domestic legislation, except that its penal code of 1884-89 forbids piracy, and it is not included under British relations. But under a crude sort of customary law and this penal code, the courts enforce rights of foreigners as well as of natives by the protection of their works for an indefinite term. The rights of French citizens in plays and music have been enforced through the French consular court, and in recent years the mixed courts at Cairo and the Court of Appeal have exercised copyright jurisdiction, "under the principles of natural justice and the laws of equity." In the leading case of the Société des gens de lettres v. Egyptian Gazette, in 1889, the Court of Appeal laid down the principle that "copyright is a veritable right of property founded on labor," and on this ground has upheld the right of literary, dramatic and musical authors and of artists to prevent reproduction. Liberia seems to have no domestic copyright law Liberia recorded, and probably protection, national and international, is under customary law without formalities. It was represented as an independent power at the Berne convention and signed the original convention, but never became a party to it by ratification; it, however, adopted the Berlin convention by ratification and is now a member of the International Copyright Union. The Congo Free State seems to cover copyright Africa offenses by its extradition treaties with Belgium otherwise (1898) and France (1899) to the extent of including in the list of offenses fraudulent application to any art object or work of literature or music, of the name of an author, or any distinctive sign adopted by him. Copyright provision in South Africa, Sierra Leone and other British colonies is covered in the preceding chapter on the British dominions. America In Latin America provision for copyright protec- Latin tion had generally been made by the several states, for various terms, in some cases in perpetuity, previous to a movement for international relationship which began with the Montevideo convention of 1889, for South American states only, reached a further step in the convention of Mexico City, 1902, was not substantially advanced by the amendatory treaty proposed at Rio de Janeiro, 1906, which never became practically operative anywhere, and culminated in the Buenos Aires convention of 1910, which Mexico was ratified by the United States Senate February 16, 1911, but has yet to be ratified by the Latin countries. Five South American states are bound together under the Montevideo convention as ratified by Argentina (1894), Bolivia (1903), Paraguay (1889), Peru (1889), and Uruguay (1892). The United States has relations with Mexico (1896), Costa Rica (1899), Cuba (1903), Chile (1896), and by ratification in 1908 of the Mexico convention of 1902, with Costa Rica, Guatemala, Honduras, Nicaragua, Salvador and possibly Dominican Republic, and will come into relations under the Buenos Aires convention of 1910, with any power ratifying that convention. Mexico, under the guarantees of property in its constitution of 1857, and the specific and elaborate copyright provisions of its civil code of 1871, as modified by that of 1884, grants copyright in perpetuity and playright for life and thirty years as the general term, with complicated modifications and exceptions. In the case of anonymous and pseudonymous works, rights in perpetuity are to the publisher and his successors, pending disclosure of the author, who must record his name in a sealed envelope. The right of translation is protected in perpetuity except for works of non-residents published abroad, then limited to ten years. Corporate works are protected for twenty-five and official publications for ten years only. Registration is required through application to the Minister of Public Education and deposit of two copies is obligatory, one in the National Library and one in the Public Archives. A third copy is usually expected for the Library of the Ministry. The right to copyright holds for ten years from publication. Reservation is required of right of translation and of other specified rights, by notice on the printed work. Protection is conditioned on residence, reciprocity or first publica |