Proclamation 2868—Copyright Extension: Australia

Whereas the President is authorized, in accordance with the conditions prescribed in section 9 of Title 17 of the United States Code, which includes the provisions of the act of Congress approved March 4, 1909, 35 Stat. 1075, as amended by the act of September 25, 1941, 55 Stat. 732, to grant an extension of time for fulfillment of the conditions and formalities prescribed by the copyright laws of the United States of America, with respect to works first produced or published outside the United States of America and subject to copyright or to renewal of copyright under the laws of the United States of America, including works subject to ad interim copyright, by nationals of countries which accord substantially equal treatment to citizens of the United States of America; and

Whereas the Governor-General of Australia has made an order, effective from this day, by the terms of which treatment substantially equal to that authorized by the aforesaid section 9 of Title 17 is accorded in Australia to literary and artistic works first produced or published in the United States of America during the period commencing on September 3, 1939, and ending one year after the termination of all the wars in which the Commonwealth of Australia is engaged at the commencement of that order; and

Whereas the aforesaid order is annexed to and is part of an agreement embodied in notes exchanged this day between the Government of the United States of America and the Government of Australia; and

Whereas, by virtue of a proclamation by the president of the United States of America dated April 9, 1910 (36 Stat. 2685), citizens of Australia are, and since July 1, 1909, have been, entitled to the benefits of the aforementioned act of March 4, 1909, other than the benefits of section 1(e) of that act; and

Whereas, by virtue of a proclamation by the President of the United States of America, dated April 3, 1918 (40 Stat. 1764), the citizens of Australia are, and since March 15, 1918, have been, entitled to the benefits of section 1(e) of the aforementioned act of March 4, 1909:

Now, Therefore, I, Harry S. Truman, President of the United States of America, under and by virtue of the authority vested in me by the aforesaid Title 17, do declare and proclaim:

That with respect to (1) works of citizens of Australia which were first produced or published outside the United States of America on or after September 3, 1939, and subject to copyright under the laws of the United States of America, including works subject to ad interim copyright, and (2) works of citizens of Australia subject to renewal of copyright under the laws of the Untied States of America on or after September 3, 1939, there has existed during several years of the time since September 3, 1939, such disruption or suspension of facilities essential to compliance with the conditions and formalities prescribed with respect to such works by the copyright laws of the United States of America as to bring such works within the terms of the aforesaid Title 17, and that, accordingly, the time within which compliance with such conditions and formalities may take place is hereby extended with respect to such works for one year after the date of this proclamation.

It shall be understood that the term of copyright in any case is not and cannot be altered or affected by this proclamation, and that, as provided by the aforesaid Title 17, no liability shall attach under the said Title for lawful uses made or acts done prior to the effective date of this proclamation in connection with the above-described works, or in respect to the continuance for one year subsequent to such date of any business undertaking or enterprise lawfully entered into prior to such date involving expenditure or contractual obligation in connection with the exploitation, production, reproduction, circulation, or performance of any such work.

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 twenty-ninth day of December in the year of our Lord nineteen hundred and forty-nine, and of the Independence of the United States of America the one hundred and seventy-fourth.

HARRY S. TRUMAN

By the President:

DEAN ACHESON,

Secretary of State.