Federal Register

Proclamation 3175--Copyrights-Brazil

Source: The provisions of Proclamation 3175 of Apr. 2, 1957, appear at 22 FR 2305, 3 CFR, 1954-1958 Comp., p. 105, unless otherwise noted.

WHEREAS section 1 of title 17 of the United States Code, entitled "Copyrights", as codified and enacted into positive law by the act of Congress approved July 30, 1947, 61 Stat. 652, provides in part as follows:
Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive right:
* * * * * * *
(e) To perform the copyrighted work publicly for profit if it be a musical composition; * * * Provided, That the provisions of this title, 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 July 1, 1909, 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 section 9 of the said title 17 provides in part that the copyright secured by such title shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation;
(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 title 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 section 9 of the said title 17 further provides:
The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purposes of this title may require * * *

and

WHEREAS the Government of the United States of America and the Government of the United States of Brazil are parties to the Convention on Literary and Artistic Copyright, signed at Buenos Aires on August 11, 1910; and

WHEREAS satisfactory official assurances have been received that under provisions of Brazilian law and by the terms of the above-mentioned Convention of Buenos Aires citizens of the United States of America are entitled to obtain copyright in the United States of Brazil for their works on substantially the same basis as citizens of the United States of Brazil, including rights similar to those provided by section 1(e) of title 17 of the United States Code:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do declare and proclaim:
That there exist with respect to the United States of Brazil the reciprocal conditions specified in sections 1(e) and 9(b) of the said title 17 and that citizens of the United States of Brazil are entitled to all the benefits of the said title 17:
Provided, that the provisions of section 1(e) of the said title 17, so far as they secure copyright controlling parts of instruments serving to reproduce mechanically the musical work, shall apply only to compositions published and copyrighted after the date of this proclamation which have not been reproduced in the United States prior to the date hereof 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 second day of April in the year of our Lord nineteen hundred and fifty-seven, and of the Independence of the United States of America the one hundred and eight-first.


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