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material, serials, and short stories, but it refers to everything that is printed or published in a periodical, everything in there, every page, as matter that can be copyrighted. In fact, it is copyrighted. I don't intend to go into the details or features that we are after because we have with
us to-day the chairman of our copyright committee, Mr. Warner, who is president of the McCall Co. He is not only a publisher but a business man of very wide experience, and I want to say for him, to begin with, that what he is presenting to the committee represents the combined thought and the agreements of the periodical publishers on the various factors in which we are interested.
If there is any other question as to who their members are, I could file a list with you, if you think that is necessary.
The CHAIRMAN. I think you ought to do that for the benefit of those who are not here, who want to read it later.
Mr. LUCAS. I will do so.
MEMBERSHIP LIST NATIONAL PUBLISHERS ASSOCIATION (Inc.), AS OF SEPTEM
BER 22, 1931
American Bankers Association Journal, 22 East Fortieth Street, New York,
Angus Company (Inc.), New York, N. Y.:
Plumbing and Heating Contractors Trade Journal.
Architectural Record, 119 West Fortieth Street, New York, N. Y.
York, N. Y.
Clayton Publications, 80 Lafayette Street, New York, N. Y.:
House and Garden.
Confectioners Journal, 437 Chestnut Street, Philadelphia, Pa.
Crowell Publishing Co., 250 Park Avenue, New York, N. Y.:
Cumulative Book Index, 958 University Avenue, New York, N. Y.
Delineator, 161 Sixth Avenue, New York, N. Y.
Electrical Contracting, 520 North Michigan Avenue, Chicago, Ill.
Farm Journal, Washington Square, Philadelphia, Pa.
Street, New York, N. Y.
Gospel Trumpet, Fifth and Chestnut Streets, Anderson, Ind.
Harper's Magazine, 49 East Thirty-third Street, New York, N. Y.
Hotel Management, 40 East Forty-ninth Street, New York, N. Y.
Instructor, The, Dansville, N. Y.
John Martin's Book, 300 Fourth Avenue, New York, N. Y.
Literary Digest, 354 Fourth Avenue, New York, N. Y.
Macfadden Publications, 1926 Broadway, New York, N. Y.:
Motion Picture Classic.
Advertising and Selling.
Southern Hardware and Implement Journal.
Toilet Requisites, 250 Park Avenue, New York, N. Y.
Automobile Trade Journal and Motor Age.
STATEMENT OF WILLIAM B. WARNER, PRESIDENT OF THE
MCCALL CO. AND CHAIRMAN OF THE COPYRIGHT COMMITTEE OF THE NATIONAL PUBLISHERS ASSOCIATION, NEW YORK CITY
Mr. WARNER. My name is W. B. Warner. I am president of the McCall Co., publishers of McCall's Magazine, Red Book, Blue Book, and the McCall Fashion periodicals, and am chairman of the copyright committee of the National Publishers Association, an association composed of the magazine publishers of this country. The association consists of 107 members, representing 310 magazines and periodicals with a total circulation in single issues of approximately 50,000,000 copies.
When the matter of a revision of the copyright law was before the last Congress, I appeared before this committee and explained some of the practical considerations affecting the publication and distribution of magazines, and the relation of such practical considerations to any proposed legisaltion as to copyright.
Under the existing copyright law, the magazines, as purchasers of the right of first publication of literary material, acquires legal title to the copyright in such literary material. In general, the magazine publisher is interested only in the right to publish the material for the first time and before it is presented in any other form. As a matter of general practice, all other rights in the literary works published are assigned back to the author by the magazine without reserving any interest in other and subsequent uses.
Generally speaking, the most substantial source of income to the author to-day comes from the payments made to the author by the magazine for the right of first publication, sometimes called first serial rights.
There were no doubt instances some years ago when motion-picture rights in certain magazine material began to take on value, where disputes arose between the magazine and the author as to a possible interest of the magazine in such motion-picture rights. I say without hesitation, however, that to-day magazines generally assert no right in the literary works they publish, except the exclusive right of first publication, unless those rights are contracted for with the author in the clearest terms. If any member of this committee has gained an impression from the testimony of authors appearing before it, that the magazines of this country take advantage of their legal ownership of copyright to prejudice any authors in obtaining the fullest return on their literary efforts, this impression should be corrected.
The CHAIRMAN. May I ask you a question at this point?
The CHAIRMAN. Testimony has been introduced before this committee that certain magazines have deprived the author of his rights and have taken advantage of him. Are you, therefore, in favor of having the copyright in the name of the author, giving to your organization, the publishers, the serial rights, all the protection that you yourself would want to enjoy, with the privilege of having redress of infringement to anyone who would violate these rights?
Mr. WARNER. I will take that up as we come to it. I do not hesitate to call upon the officials of the Authors' League, who have already appeared before this committee and will no doubt again appear before this committee, to state to the committee that the magazines of this country deal fairly with the authors, and more than that, deal with them in a helpful and cooperative fashion. The magazines, however, recognize the validity of the argument of the authors before this committee, that there is a logical consistency in putting legal title to the copyright in the author and no in the magazine that first publishes the literary material. We further recognize that the existing copyright law has to a considerable extent been made antiquated by the rapid development of new uses for literary material in this country during the past two decades.
The existing copyright law, while it does not grant to the authors the legal title in their literary works to which they feel they are entitled, sets up many drastic remedies, which, if made effective upon innocent infringers by the courts, would do most substantial injury to honest and well-managed business enterprises without any corresponding advantage to the writers whom the law is designed to protect. These antiquated remedy and penalty clauses, while no doubt adapted for conditions at the time when they were enacted, serve today not as a protection for the honest writer who asks only just protection in his literary property, but as an inducement to those who see an opportunity to unfairly and unreasonably harass business men into paying over sums of money to avoid burdensome and dangerous litigation. As a typical instance of the possibility of annoyance and harassment that can be imposed upon the magazine publisher under the existing law, I call attention to a situation now existing affecting the members of our association. Over 100 claims, some of which are already in litgation, have been asserted against various members of our association all over the country by one concern which publishes outline maps and claims copyright in them. These outline maps in general show merely boundaries of the United States and the boundaries of the States. They are sold in stationery stores for use in schools and by economists to make charts presenting economic or business data in geographical form.
Editorial writers in the magazines or advertisers who wish to present economic or business data in their geographical aspects use one of these outline maps and it is reproduced in a magazine. We are advised that these maps take their origin from surveys made by this