Page:United States Statutes at Large Volume 61 Part 3.djvu/543

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FRANCE-COPYRIGHT-MAR . 27, 1947 have been prevented, since the outbreak of hostilities between France and Germany on September 3, 1939, from fulfilling the formalities prescribed by the laws of the United States. It is the desire of the French Government that French nationals whose works are eligible for copyright in the United States be per- mitted to benefit, in accordance with the procedure provided in the Act of September 25, 1941, by the extension of time granted for ful- filling those formalities. In this connection, the French Government has requested me to invite Your Excellency's attention to the following provisions of French legislation regarding copyright: 1. The law of July 19, 1793 protects the author during his entire life-time against the pirating of a work published in France. This right belongs to the heirs of the author for fifty years after the latter's death. This time limit was increased to 56 years and 152 days by the Law of February 3, 1919, for works published before December 31, 1920 which had not become public property at the time of the promulgation of the said law. No deposit, declaration or tax pay- ment is necessary in order that the persons concerned may enjoy such right. 2. The Act called Law of July 22, 1941, extended the rights of the heirs and assigns of the authors until the end of the year following the signature of the peace treaties. 3. The Decree-Law of March 28, 1852 extended to works pub- lished abroad the protection granted to works published in France: that Decree assures to foreigners the same protection as that which is granted to them by their own national laws. For example, an American work is not protected in France for the duration of the author's life plus 56 years and 152 days, but for 28 years plus 28 years (on proof that the copyright has been renewed in the United States for the second period of 28 years). Furthermore, aliens can- not have in France more rights than have French nationals. 4. This very liberal legislation, which is not subject to reciprocity, was kept in force during the war. American authors have accordingly suffered no prejudice to their rights in France because of the war. The French Government would, therefore, greatly appreciate it if the President of the United States would proclaim, in accordance with the Act of September 25, 1941, that, by reason of the conditions which existed for several years after September 3, 1939, French citizens who are the authors, copyright owners, or proprietors of works which were first produced or published outside the United States and which are eligible for copyright or renewal under the laws of the United States, have been temporarily unable to comply with the conditions and formalities prescribed, with respect to such works, by the laws of the United States. By reason of the fact that the aforesaid French Law of July 22, 1941 extends the rights of the heirs and assigns of authors until the end of the year following the signature of the peace treaties, the French Government would further appreciate receiving the assurance 55 Stat. 732 . 17U.S.C . 18 . 61Stat., Pt. 1, p. 662. 55 Stat. 732. 17 U.S. C. §8. 61 Stat., Pt. 1,p. 62. 2831 61 STAT.]