AUSTRIA-HUNGARY. 1912. COPYRIGHT CONVENTION. Signed at Budapest January 30, 1912; ratification advised by the Senate July 23, 1912; ratified by the President July 31, 1912, ratications exchanged September 16, 1912; proclaimed October 15, 1912. I. Reciprocal protection. ARTICLES. IV. Ratification. II. Conditions and formalities to be V. Duration. observed. III. Term of copyright protection. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary, Desiring to provide, between the United States of America and Hungary, for a reciprocal legal protection in regard to copyright of the citizens and subjects of the two Countries, have, to this end, decided to conclude a Convention, and have appointed as their Plenipotentiaries: The President of the United States of America: Richard C. Kerens, Ambassador Extraordinary and Plenipotentiary of the United States of America to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary: Count Paul Esterházy, baron of Galantha, viscount of Fraknó, Privy Councillor and Chamberlain, Chief of section in the Ministry of the Imperial and Royal House and of Foreign Affairs, and Dr. Gustavus de Tory, Secretary of State in the Royal Hungarian Ministry of Justice; Who, having communicated to each other their full powers, found to be in good and due form, have agreed as follows: ARTICLE 1. Authors who are citizens or subjects of one of the two countries or their assigns shall enjoy in the other country, for their literary, artistic, dramatic, musical and photographic works (whether unpublished or published in one of the two countries) the same rights which the respective laws do now or may hereafter grant to natives. The above provision includes the copyright control of mechanical musical reproductions. 76844°-S. Doc. 1063, 62-3- -2 (17) ARTICLE 2. The enjoyment and the exercise of the rights secured by the present Convention are subject to the performance of the conditions and formalities prescribed by the laws and regulations of the country where protection is claimed under the present Convention; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. ARTICLE 3. The term of copyright protection granted by the present Convention shall be regulated by the law of the country where protection is claimed. ARTICLE 4. The present Convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. ARTICLE 5. The present Convention shall be put in force one month after the exchange of ratifications, and shall remain in force until the termination of a year from the day on which it may have been denounced. In faith whereof the Plenipotentiaries have signed the present Convention in two copies, each in the English and Hungarian languages, and have affixed thereto their seals. Done at Budapest, the 30th day of January 1912. [SEAL SEAL SEAL RICHARD C KERENS BRAZIL. NATURALIZATION CONVENTION. Signed at Rio de Janeiro April 27 1908; ratification advised by the Senate December 10, 1908; ratified by the President December 26, 1908; ratified by Brazil December 6, 1909; ratifications exchanged at Rio de Janeiro February 28, 1910; proclaimed April 2, 1910. I. Naturalization recognized. II. Renunciation of naturalization. III. Definition of citizen. ARTICLES. IV. Liability for prior offenses. The United States of America and the United States of Brazil, led by the wish to regulate the status of their naturalized citizens who again take up their residence in the country of their origin, have resolved to make a Convention on this subject, and to this end have appointed for their Plenipotentiaries, viz: The President of the United States of America, the Ambassador Extraordinary and Plenipotentiary of the United States of America near the Government of the United States of Brazil, Irving B. Dudley; and The President of the United States of Brazil, the Minister of State for Foreign Relations, José Maria da Silva Paranhos do RioBranco; Who, thereunto duly authorized, have agreed upon the following articles: ARTICLE I Citizens of the United States of America who may or shall have been naturalized in the United States of Brazil upon their own application or by their own consent, will be considered by the United States of America as citizens of the United States of Brazil. Reciprocally, Brazilians who may or shall have been naturalized in the United States of America upon their own application or by their own consent will be considered by the United States of Brazil as citizens of the United States of America. ARTICLE II If a citizen of the United States of America, naturalized in the United States of Brazil, renews his residence in the United States of America, with the intention not to return to the United States of Brazil, he shall be held to have renounced his naturalization in the United States of Brazil; and, reciprocally, if a citizen of the United States of Brazil, naturalized in the United States of America, renews his residence in the United States of Brazil, with the intention not to return to the United States of America, he shall be held to have renounced his naturalization in the United States of America. The intention not to return may be held to exist when the person naturalized in one of the two countries resides more than two years in the other; but this presumption may be destroyed by evidence to the contrary. ARTICLE III It is agreed that the word "citizen ", as used in this Convention, means any person whose nationality is that of the United States of America or the United States of Brazil. ARTICLE IV A naturalized citizen of the one party, on returning to the territory of the other, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment. ARTICLE V The status of a naturalized citizen may be acquired only through the means established by the laws of each of the countries and never by one's declaration of intention to become a citizen of one or the other country. ARTICLE VI The present Convention shall be submitted for the approval and ratification of the competent authorities of the contracting parties and the ratifications shall be exchanged at the city of Rio de Janeiro within two years from the date of this Convention. It shall enter into full force and effect immediately after the exchange of ratifications, and in case either of the two parties notify the other of its intention to terminate the same, it shall continue in force for one year counting from the date of said notification. In witness whereof the Plenipotentiaries above mentioned have signed the present Convention, affixing thereto their seals. Done in duplicate, each in the two languages, English and Portuguese, at the city of Rio de Janeiro, this twenty-seventh day of April nineteen hundred and eight. [SEAL.] [SEAL.] IRVING B DUDLEY RIO-BRANCO. |