Joseph McKenna

“ It is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may, at its pleasure, become a party, the existence of which condition has been determined by the President of the United States by proclamation duly made. ”

“ It is admitted that the decision of the state department is adverse to the contention, and it is asserted by defendant, and not denied by plaintiff, that the Librarian of Congress has always construed the statutes as denying to citizens of Peru copyright protection. We think, besides, the statute is clear, and makes the President's proclamation a condition of the right. And there was reason for it. The statute contemplated a reciprocity of rights; and what officer is better able to determine the conditions upon which they might depend than the President? ”

“ Plaintiff urges that he is 'the 'assign' of the author and proprietor of the painting . . . and being himself a 'citizen or subject of a foreign nation' with which we have copyright relations,' the condition of the statute is satisfied, and his copyright is valid, though Hernandez was not such citizen or subject. In other words, though the author of a painting has not the right to copyright, his assignee has if he is a citizen or subject of a foreign state with which we have copyright relations, these being, it is contended, the conditions expressed in § 13. ”