any restrictions," but rather to say, "let's look at the situation we presently have, and the situation, as a practical matter, which we can reasonably anticipate." And if our domestic interests will not be significantly damaged, in terms of the total national interest as we would view it, and we do not need this sort of restriction, then we feel that the basic principle of free trade would apply here. That is really our basic view, Mr. Chairman, on the manufacturing clause.

We are looking at it more at the moment in terms of our assessment of the facts, and of what we would judge to be the impact on domestic interests. So in answer to your question, sir, I would say that, if the Congress left out the manufacturing clause, and if the point were raised in 5 years, it should be very carefully considered, and a judgment made on the basis of what had happened.

Mr. KASTENMEIER. The point of my question is whether you would be tempted to seek some remedy other than reinstatement of the manufacturing clause. A duty, or some such thing?

Mr. GILES. Well, again, I think, as a matter of principle, that is what we would prefer. That is what the executive branch, as a matter of principle, would always prefer, and would attempt to work out. But, as in most such matters, you have to deal with the practical situation you have, and we are not always able to write our laws to conform with the best ideas of principle.

Mr. KASTENMEIER. Thank you. Mr. Edwards?
Mr. EDWARDS. No questions.

Mr. KASTEN MEIER. Mr. Poff?

Mr. POFF. Yes, sir; I do, Mr. Chairman.

Before I begin my interrogation, however, I must say I think your statement has been adequate and articulate in all respects until you addressed yourself to the manufacturing clause, and I find it hard now to decide, sir, whether your remarks are damnation by faint praise, or praise by faint damnation. I really did not know how you feel about the manufacturing clause.

I am not going to press you further on that point, because I appreciate the delicacies involved, but I do want to ask you about your suggestion on page 4. I think the language you suggested there as an amendment to section 111 speaks clearly for itself, and I think that you have demonstrated the need, perhaps, for a clarification. Yet, it is my understanding that case law as it exists today makes it pretty plain that the copyright does not extend to the right to control the manufacture or distribution of the article which has been portrayed in a work.

Now if I am correct in that, and I believe I am, why isn't the language in section 111 (a) (1) adequate to preserve the status quo of the legal situation?

Mr. GILES. Well, it is a rather technical sort of a lawyer's point, Mr. Congressman, and I readily perceive that. The reason we were suggesting the specific language is that it would seem to us that there could always be a question as to what is the law in effect on December 31, 1966.

What then is the case law? You can always have some argument among the lawyers as to what the case law is. So therefore, we suggested that it be expressly covered. Now it may be that the point could be taken care of in your legislative report, by making more specific comment. It did seem to us that just to leave the statute with

this language would leave open a question that might produce argument or litigation later on, take up a lot of time and expense, and should be avoided.

Mr. PoFF. Yes, sir. I am one of those who advocate precision in the law and clarity in the law and certainty in the law, insofar as possible, and yet, I recognize, too, sometimes, the need for a degree of flexibility to accomodate different factual situations, and I will have to consider this more carefully before I can express an opinion on your recommendation.

I can say, however, that I think your language is very clear.

Now to turn to another line of questioning, I think that we ought to have in the record something about your day-to-day mechanics of keeping records of the importation of books from abroad.

I suppose that comes through Customs, does it not?

Mr. GILES. Yes, sir; and such information as we would have would be of a statistical nature for statistical purposes.

Mr. POFF. You would not be able to tell us the details of the mechanics of the process?

Mr. GILES. We could find that out, we would be happy to and furnish that. I will have to check on the details, and I think Customs would probably have some of the basic information that you would be asking for.

Mr. POFF. I assume that Customs goes through the mechanics, and compiles the initial record, and then all the records are submitted to the Department of Commerce, as a central repository.

Mr. GILES. Well, I am not positive what the mechanics are, Congressman, but we will be happy to get a statement on that. Whoever does it, we can get the information pulled together.

Mr. PoFF. And I think we would want to know what steps are taken, precisely, if the Customs people discover a potential violation of the clause. May we ask, Mr. Chairman, that that be supplied later? Mr. KASTENMEIER. If you will communicate with the committee at a subsequent date, we will accept such communication and make it a part of the record.

Mr. GILES. All right, sir.

(Subsequently the following was received from the Department of Commerce :)

Trade statistics covering the U.S. import and export of books are collected in the same manner as foreign trade statistics for other commodities. Statements of importers and exporters which are required for customs purposes also serve as the source of this information. These figures are collected by the U.S. Bureau of the Census, which publishes foreign trade statistics in a variety of forms as described on page 32 of the attached publication "Fact Finder for the Nation." " Administration of the manufacturing clause of the copyright law is the responsibility of the Bureau of Customs and the Register of Copyrights. The following material has been developed from information supplied by those agencies. In all cases to which the 1,500 book import limit applies, no entry can be made until the customs collector receives a completed form (C-100, attachment 1) showing the title, the name of the author, the copyright claimant, the ad interim copyright registration number, and the effective dates of the import statement. This form also indicates how many copies of the work may be imported within the above limit.

This import statement is supplied by the Register of Copyrights after ad interim registration of the work is completed. Form A-B ad interim (attachment 2).

1

1 The section of "Fact Finder for the Nation" of March 1955 which appears on p. 32 under the caption "Foreign Trade" is inserted immediately after attachment 2 of this submission.

Upon receipt of the import statement, the collector of customs notes the number of copies to be entered thereunder and returns it to the Office of the Register of Copyrights, where records are kept showing total imports of each work subject to the 1,500-book import limitation.

When it is desired to import in excess of 1,500 copies, a statement of surrender of copyright may be filed with the Register of Copyrights. Copies of this are forwarded to the collectors of customs, and imports are allowed accordingly.

The administration of the manufacturing clause is thus set up to be effective before importation is completed, thereby avoiding problems of actual violations. Without the required import statement-which includes a figure on the permissible amount of imports remaining-the import cannot be effectuated. Falsifications or misrepresentations made in connection with the importation of the books or the application for ad interim copyright registration are subject to penalties under title 18 of the United States Code as well as under the copyright law.

Records of the Copyright Office show that

CANCELLED

Ineffective after

(Date)

copies of the above described work may be imported within the quantitative exception in section 16 of Title 17 of the United States Code, as amended. The holder of this statement shall present it to the customs officer in charge at the port of entry.

C-100

(June 1964--2,500)

THIS SIDE RESERVED FOR USE OF CUSTOMS OFFIC

(OVER)

The appropriate customs officer at port of entry shall fill in all blanks below and mail this statement at once to:

Page 1

Application for Registration of a Claim to Ad Interim Copyright in a book or periodical in the English language manufactured and first published outside the United States of America

Instructions: Make sure that all applicable spaces have been completed before you submit the form. The application must be SIGNED at line 9. The application should not be submitted until after the date of publication given in line 4 (a), and should state the facts which existed on that date. For further information, see page 4.

Pages 1 and 2 should be typewritten or printed with pen and ink. Pages 3 and 4 should contain exactly the same informa. tion as pages 1 and 2, but may be carbon copies.

Mail all pages of the application to the Register of Copyrights, Library of Congress, Washington 25, D. C., U. S. A., together with the material specified in either Option A or B:

Option A: One copy of the work and a fee of $4. Make remittance payable to the Register of Copyrights.

Option B: Two copies of the work and a catalog card. This option is not available if the author was a U. S. citizen or domiciliary on the date of publication, or if the author or proprietor is a citizen, domiciliary, or resident on the date application is filed.

Note: Registration of a claim to ad interim copyright cannot be made under either option unless all of the required items are received in the Copyright Office within 6 months of the date of first publiction.

1. Copyright Claimant(s) and Address(es): Give the name(s) and address(es) of the copyright owner(s). Ordinarily the name(s) should be the same as in the notice of copyright on the copies deposited. The citizenship of the claimant(s) must be stated.

(a) Date of Publication of This Edition: Give the date when copies of this edition were first placed on sale, sold, or publicly distributed. (NOTE: The full date (month, day, and year) must be given.)

(b) Place of Publication of This Edition: Give the name of the country in which this edition was first published.

5. New Matter in This Version: (NOTE: Leave this line blank unless the following instructions apply to this work.) If any substantial part of this work has been previously published, give a brief general statement of the nature of the new

matter in this version. New matter may consist of compilation, translation, abridgment, editorial revision, and the like, as well as additional text or pictorial matter.

Complete all applicable spaces on next page

6. If registration fee is to be charged to a deposit account established in the Copyright Office, give name of account:

7. Name and address of person or organization to whom correspondence or refund, if any, should be sent:

9. Certification: (NOTE: Application not acceptable unless signed)

I CERTIFY that the statements made by me in this application are correct to the best of my knowledge.

Copies of the following forms will be supplied by the Copyright Office without charge upon request.
Class A Form A-Published book manufactured in the United States of America.

(Form A-B Foreign-Book or periodical manufactured outside the United States of America (except works subject to Class A the ad interim provisions of the copyright law).

or B

Class B

Form A-B Ad Interim-Book or periodical in the English language manufactured and first published outside the United
States of America.

Form B-Periodical manufactured in the United States of America.

Form BB-Contribution to a periodical manufactured in the United States of America. Class C Form C-Lecture or similar production prepared for oral delivery.

Class D Form D-Dramatic or dramatico-musical composition.

Class E

Class F

Form E-Musical composition the author of which is a citizen or domiciliary of the United States of America or which
was first published in the United States of America.

Form E Foreign-Musical composition the author of which is not a citizen or domiciliary of the United States of
America and which was not first published in the United States of America.
Form F-Map.

Class G Form G-Work of art or a model or design for a work of art.

Class I Form I-Drawing or plastic work of a scientific or .echnical character.

Class H

Form H-Reproduction of a work of art.

Class J

Form J-Photograph.

Class K

Form K-Print or pictorial illustration.

Form KK-Print or label used for an article of merchandise.

Class L

or M

Form L-M-Motion Picture.

Form R-Renewal copyright.

Form U-Notice of use of musical composition on mechanical instruments.

FOR COPYRIGHT OFFICE USE ONLY