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certified copy of the procès-verbal of deposit, dated December 23, 1937, of the convention on the Pan American Highway signed at Buenos Aires on December 23, 1936.

VISA FEES

SUPPLEMENTAL AGREEMENT AMENDING THE RECIPROCAL VISA FEE AGREEMENT BETWEEN THE UNITED STATES AND FRANCE 13

A supplemental agreement amending the reciprocal visa fee agreement of June 1, 1929, between the United States and France has been concluded, effective January 15, 1938, establishing the following visa fees in place of those previously agreed upon: For nonimmigrant French nationals, $2.75 or the approximate equivalent in francs for a passport visa, no charge being made for the application; 50 cents or the approximate equivalent in francs for a transit visa, no charge being made for the application; for American nationals, including citizens of the Philippine Islands, 75 francs for a passport visa, no charge being made for the application, and 10 francs for a transit visa, no charge being made for the application.

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MISCELLANEOUS

EXHIBITIONS

CONVENTION CONCERNING ARTISTIC EXHIBITIONS (TREATY SERIES, No. 929) 1

Dominican Republic

The Director General of the Pan American Union transmitted to the Secretary of State with a letter dated December 29, 1937, a certified copy of the instrument of ratification by the Dominican Republic, together with a certified copy of the procès-verbal of deposit, dated December 7, 1937, of the convention concerning artistic exhibitions, signed at Buenos Aires on December 23, 1936.

1

See Bulletin No. 98, November 1937, p. 29.

29

JUDICIAL DECISIONS

CONVENTION ON LITERARY AND ARTISTIC COPYRIGHT (TREATY SERIES,

No. 593)

DECISION OF THE DISTRICT COURT, S. D. NEW YORK

Portuondo v. Columbia Phonograph Company, Inc., et al.

On May 13, 1937, the District Court, Southern District, New York, rendered a decision in the case of Portuondo v. Columbia Phonograph Company, Inc., et al. (Equity No. 84-207). A résumé of the decision as published in the "Patent, Trade Mark and Copyright Weekly Reports", Vol. 36, No. 3, January 15, 1938, p. 104, is printed below:

"The Buenos Aires copyright convention of 1910 (U. S. Stats., Vol. 38, p. 1785) provides in Article 6th that 'authors or their assigns . shall enjoy in the signatory countries the rights that the respective laws accord.' The plaintiff, therefore, must look to our copyright laws for the enforcement of his rights in this country. Under Sections 1 (e) and 8 (b) of the Copyright Law (U. S. C. Ă. Title 17, Sec. 1, 8) protection against mechanical reproduction is denied unless substantially similar protection is accorded to United States citizens; and it is expressly provided that the existence of these reciprocal conditions shall be determined by the President ‘by proclamation made from time to time.' In construing these sections, the Attorney General has ruled that there must be a separate proclamation of the existence of reciprocal conditions as to mechanical reproduction, (29 op. Atty. Gen'l. p. 64). In the absence of such a proclamation, the plaintiff cannot avail himself of our copyright laws; and the complaint is fatally defective in not alleging affirmatively that a proclamation to that effect was made. This disposition makes it unnecessary to decide the other questions raised by the motion.

"The motion of the defendant, Columbia Phonograph Company, Inc., to dismiss the amended complaint is granted.'

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RECENT PUBLICATIONS

The following publications of direct interest in connection with Treaty Information have recently been released by the Department of State and may be secured from the Superintendent of Documents, Government Printing Office, Washington, D. C.:

Exchange of Official Journals and Parliamentary Documents: Agreement Between the United States of America and Mexico.-Effected by exchange of notes signed September 9 and 24, 1937. Executive Agreement Series, No. 108. Publication No. 1102. 3 pp. 5¢.

Exchange of Information Concerning Issuance of Radio Licenses: Agreement Between the United States of America and Canada.-Effected by exchanges of notes signed March 2 and 10, 1937, August 17, 1937, September 8 and 20, 1937, and October 9, 1937. Executive Agreement Series, No. 109. Publication No. 1104. 5 pp. 5.

5¢.

Air Navigation: Arrangement Between the United States of America and the Irish Free State.-Effected by exchange of notes signed September 29, 1937, and November 4, 1937; effective December 4, 1937. Executive Agreement Series, No. 110. Publication No. 1110. 11 pp. Mutual Recognition of Ship Measurement Certificates: Arrangement Between the United States of America and Poland Effecting the Adherence of the Free City of Danzig to the Agreement Between the United States of America and Poland, Effected by Exchanges of Notes Signed January 17, March 14, and April 22, 1930, and October 5, 1934 (Executive Agreement Series, No. 71).-Effected by exchange of notes signed December 4, 1937; effective December 19, 1937. Executive Agreement Series No. 111. Publication No. 1112. 2 pp. 5¢.

Maintenance, Preservation, and Reestablishment of Peace: Convention Between the United States of America and Other American Republics. Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 922. 28 pp. 5¢.

Prevention of Controversies: Treaty Between the United States of America and Other American Republics.-Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 924. 28 pp. 5¢.

Coordination, Extension, and Fulfillment of Existing Treaties Between the American States: Convention Between the United States of America and Other American Republics.-Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 926. 40 pp. 10¢. Inter-American Cultural Relations: Convention Between the United States of America and Other American Republics. Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 928. 31 pp. 10g.

Terminating Article VIII of the Treaty of December 30, 1853 (Gadsden
Treaty) Treaty Between the United States of America and Mexico.-
Signed April 13, 1937; proclaimed December 27, 1937. Treaty Series,
No. 932. 3 pp. 5¢.

Report of the Delegation of the United States of America to the Inter-
American Conference for the Maintenance of Peace, Buenos Aires,
Argentina, December 1-23, 1936. Conference Series, No. 33. Publica-
tion No. 1088. vi+280 pp. 30¢.

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