Laws: Cases and Codes : U.S. Code : Title 17 : Section 104
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U.S. Code as of:
01/19/04
Section 104 - Notes
SOURCE
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2545;
Pub. L. 100-568, Sec. 4(a)(2), (3), Oct. 31, 1988, 102 Stat. 2855;
Pub. L. 105-304, title I, Sec. 102(b), Oct. 28, 1998, 112 Stat.
2862.)
HISTORICAL AND REVISION NOTES
PROC. NO. 3792. COPYRIGHT EXTENSION: GERMANY
Proc. No. 3792, July 12, 1967, 32 F.R. 10341, provided:
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, by nationals of countries
which accord substantially equal treatment to citizens of the
United States of America; and
WHEREAS satisfactory official assurances have been received that,
since April 15, 1892, citizens of the United States have been
entitled to obtain copyright in Germany for their works on
substantially the same basis as German citizens without the need of
complying with any formalities, provided such works secured
protection in the United States; and
WHEREAS, pursuant to Article 2 of the Law No. 8, Industrial,
Literary and Artistic Property Rights of Foreign Nations and
Nationals, promulgated by the Allied High Commission for Germany on
October 20, 1949, literary or artistic property rights in Germany
owned by United States nationals at the commencement of or during
the state of war between Germany and the United States of America
which were transferred, seized, requisitioned, revoked or otherwise
impaired by war measures, whether legislative, judicial or
administrative, were, upon request made prior to October 3, 1950,
restored to such United States nationals or their legal successors;
and
WHEREAS, pursuant to Article 5 of the aforesaid law, any literary
or artistic property right in Germany owned by a United States
national at the commencement of or during the state of war between
Germany and the United States of America was, upon request made
prior to October 3, 1950, extended in term for a period
corresponding to the inclusive time from the date of the
commencement of the state of war, or such later date on which such
right came in existence, to September 30, 1949; and
WHEREAS, by virtue of a proclamation by the President of the
United States of America dated May 25, 1922, 42 Stat. 2271, German
citizens are and have been entitled to the benefits of the act of
Congress approved March 4, 1909, 35 Stat. 1075, as amended,
including the benefits of Section 1(e) of the aforementioned Title
17 of the United States Code [section 1(e) of former Title 17]; and
WHEREAS, a letter of February 6, 1950, from the Chancellor of the
Federal Republic of Germany to the Chairman of the Allied High
Commission for Germany established the mutual understanding that
reciprocal copyright relations continued in effect between the
Federal Republic of Germany and the United States of America:
NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United
States of America, by virtue of the authority vested in me by
Section 9 of Title 17 of the United States Code [section 9 of
former Title 17], do declare and proclaim:
(1) That, with respect to works first produced or published
outside the United States of America: (a) where the work was
subject to copyright under the laws of the United States of America
on or after September 3, 1939, and on or before May 5, 1956, by an
author or other owner who was then a German citizen; or (b) where
the work was subject to renewal of copyright under the laws of the
United States of America on or after September 3, 1939, and on or
before May 5, 1956, by an author or other person specified in
Sections 24 and 25 of the aforesaid Title 17 [sections 24 and 25 of
former Title 17], who was then a German citizen, there has existed
during several years of the aforementioned period such disruption
and suspension of facilities essential to compliance with
conditions and formalities prescribed with respect to such works by
the copyright law of the United States of America as to bring such
works within the terms of Section 9(b) of the aforesaid Title 17
[section 9(b) of former Title 17]; and
(2) That, in view of the reciprocal treatment accorded to
citizens of the United States by the Federal Republic of Germany,
the time within which persons who are presently German citizens may
comply with such conditions and formalities with respect to such
works is hereby extended 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. It
shall also be understood that, as provided by Section 9(b) of Title
17, United States Code [section 9(b) of former Title 17], no
liability shall attach under that title for lawful uses made or
acts done prior to the effective date of this proclamation in
connection with the above-described works, or with respect to the
continuance for one year subsequent to such date of any business
undertaking or enterprise lawfully undertaken prior to such date
involving expenditure or contractual obligation in connection with
the exploitation, production, reproduction, circulation or
performance of any such works.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day
of July in the year of our Lord nineteen hundred and sixty-seven,
and of the Independence of the United States of America the one
hundred and ninety-second.
Lyndon B. Johnson.
PRESIDENTIAL PROCLAMATIONS ISSUED UNDER PREDECESSOR PROVISIONS
Section 104 of Pub. L. 94-553 provided that: "All proclamations
issued by the President under section 1(e) or 9(b) of title 17 as
it existed on December 31, 1977, or under previous copyright
statutes of the United States, shall continue in force until
terminated, suspended, or revised by the President."
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