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compositions published by us and/or bearing our name as copyright proprietor and/or any or all compositions for which we now control the performing rights or for which we may acquire performing rights during the period of this agreement.

Neither you nor any of the radio stations broadcasting such compositions pursuant hereto shall be required to pay license fees for such performances and broadcasts. You shall have unlimited discretion as to the time, place, and frequency of performance and broadcast.

The duration of this license to perform shall be for a period of 1 year from the date hereof, and thereafter it shall continue in effect until 30 days after the giving of written notice to you by mail directed to you at your Newark address.

You are also authorized to make such arrangements and transcriptions of said works as you may find necessary or desirable for broadcast use, and to have and permanently retain as your property all materials thereof which you have deemed it expedient to make or duplicate for the purpose of facilitating such performance.

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GENTLEMEN: Will you kindly advise us if your company is a member of the American Society of Composers, Authors, and Publishers or of the Society of European Stage Authors and Composers?

If you are not a member of either of these societies, will you kindly sign the enclosed temporary broadcasting license form, have same dated, and properly witnessed, and return it to us? Some of our artists are desirous of using certain of your numbers, but cannot do so until we have in our file this permit signed by you.

Very sincerely yours,

AGRICULTURAL BROADCASTING Co.,
JOHN L. LAIR,

(Music Department.)

TEMPORARY BROADCASTING LICENSE

TO AGRICULTURAL BROADCASTING CO.,

Chicago, Ill.:

In consideration of the sum of one dollar ($1) in hand paid by you, and other valuable considerations, the receipt whereof is hereby acknowledged, we hereby grant you a license to perform for radio broadcasting and to radio broadcast (including television) such performances over any stations you may desire, by wire lines or by means of any mechanical device, any or all compositions published by us and/or bearing our name as copyright proprietor and/or any or all compositions for which we now control the performing rights or for which we may acquire performing rights during the period of this agreement. Neither your nor any of the radio stations broadcasting such compositions pursuant hereto shall be required to pay license fees for such performances and broadcasts. You shall have unlimited discretion as to the time, place, and frequency of performance and broadcast.

This license to perform shall continue until 30 days after the giving of written notice to you by mail directed to you at your Chicago address. Dated

Witness:

193--, at

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STATEMENT OF WILLIAM G. BIEDERMAN, REPRESENTING THE CHRISTIAN SCIENCE COMMITTEE ON PUBLICATION FOR THE DISTRICT OF COLUMBIA, WASHINGTON, D. C.

Mr. BIEDERMAN. My name is William G. Biederman. I am with the Christian Science Committee on Publication for the District of Columbia, and in that position I represent not only the churches of the District of Columbia, but the Mother Church, the First Church of Christ Scientist, in Boston, Mass., and the entire Christian Science movement throughout the United States.

The Mother Church, through the trustees under the will of Mary Baker Eddy, publishes the works of Mrs. Eddy, including Science and Health with Key to the Scriptures.

The Christian Science Publishing Society publishes the Christian Science Journal, the Christian Science Herald in English and German, and in French and English, and Danish and English, and the Christian Science Quarterly, and the Christian Science Monitor. There are many other publications.

Now, in foreign countries, this brief points out that publications have been made, unauthorized translations of our publications, or parts of them, and joining the Bern Convention, the International Copyright Union, would prevent such unauthorized publications.

Mr. O'MALLEY. Is your brief in support of the Duffy bill or in opposition to it?

Mr. BIEDERMAN. In support of a bill to give the suitable provision for the United States to enter the International Copyright Union.

Mr. KRAMER. Do I understand you to say that you are in favor of the Bern Convention, that is, the United States entering the Bern Convention?

Mr. BIEDERMAN. Yes; in favor of the United States entering the Bern Convention. It would facilitate the gaining of copyright for us in foreign countries, and would be a protection to us.

Mr. O'MALLEY. I assume, Mr. Biederman, that the same might apply to any other religious denomination in this country, whose works might now be pirated in foreign countries, that if we were in the Bern Convention that that pirating would be stopped?

Mr. BIEDERMAN. I think so, but I would not assume to say so for any other publishing society. I want to say, though, that our publications are entirely under the control of the Mother Church, and the profits do not inure to any private interest.

Mr. KRAMER. Is that the only place where your publications have been pirated, in Europe, or are they also pirated in the United States?

Mr. BIEDERMAN. Just in Europe.

Mr. LANHAM. Without objection, the brief will be incorporated at this point in the record.

(The brief submitted by Mr. Biederman is as follows:)

RE COPYRIGHT BILL S. 3047

The trustees under the will of Mary Baker Eddy, the publishers of Science and Health with Key to the Scriptures and other writings by Mary Baker Eddy and translations of those writings into foreign languages, and owners of the copyrights therein, have an increasing demand in foreign countries for books written by Mrs. Eddy and translations thereof.

The Christian Science Publishing Society of Boston, a trusteeship established by Mrs. Eddy, and publishers of the Christian Science Journal, Christian Science Sentinel, Christian Science Quarterly, Christian Science Heralds (the French, German, Dutch, and Scandinavian editions), and the Christian Science Monitor, as well as miscellaneous books relating to the life of Mary Baker Eddy and the history of the Christian Science organization or foundation, find an increasing demand in foreign countries for their said books and periodicals.

At the present time, in order for these organizations to obtain a copyright in foreign countries on these books and periodicals, it is necessary to apply in each country simultaneously with application for copyright in the United States. For instance, to obtain a copyright on the English-French edition of the Christian Science Quarterly, it is necessary to make applications for copyright in the United States, Canada, Great Britain, and France. Similar procedure is necessary in respect to the other foreign editions of the Christian Science Quarterly, and books which it is desired to protect as far as possible by copyright in foreign countries. If the United States of America were a member of the International Copyright Union, the obtaining of copyright in Washington, D. C., would automatically give copyright protection in all countries which are members of the International Copyright Union. The deposit of copies in the National Libraries of the foreign countries would be done as required under the copyright law of the respective countries as a matter of

course.

Because of the increased demand for translations of Mrs. Eddy's writings and of articles appearing in the Christian Science periodicals, we find many individuals who are citizens of foreign countries, attempting translations into their own language for the benefit of themselves and their friends, and in many instances for sale to the public. If the United States were a member of the International Copyright Union these unauthorized translations would be prohibited, and the trustees under the will of Mary Baker Eddy and the trustees of the Christian Science Publishing Society could, in due course, furnish authorized translations fully protected under the copyright laws of the Bern Convention.

For the above reasons, we most respectfully request in behalf of the trustees under the will of Mary Baker Eddy and the trustees of the Christian Science Publishing Society, the passage of a suitable copyright bill at this session of Congress containing adequate provision for membership of the United States in the International Copyright Union. Such a bill would greatly protect the literary property rights of American authors and composers, which protection is seriously lacking in the present Copyright Act of 1909.

Mr. CHURCH. Will the gentleman give his address?
Mr. BIEDERMAN. Yes; the address is here.

Mr. LANHAM. Give it to the reporter.

Mr. BIEDERMAN. It is on my card, 822 Munsey Building, Washington, D. C.

Mr. LANHAM. There is another gentleman, Mr. Ould. Is he here? I understand he wishes to present a brief. Is Mr. Ould present? Mr. OULD. Yes, sir.

Mr. LANHAM. I will say, Mr. Ould, that the time has almost arrived when the members of the committee will start interrogating the witnesses who have appeared before us this morning.

Mr. OULD. Yes, sir.

STATEMENT OF R. S. OULD, PATENT ATTORNEY.
WASHINGTON, D. C.

Mr. OULD. Mr. Chairman and members of the committe, I am a patent attorney, and I only want to take a few moments of the time of the committee this morning. I would like to refer you to my testimony before this committee in 1932.

Mr. CHURCH. Mr. Chairman, may we have the gentleman's present address?

Mr. OULD. 966 National Press Building, Washington, D. C.
Mr. LANHAM. Whom do you represent?

Mr. OULD. I am a patent attorney.

I would like to refer briefly to statements of mine which appear in the 1932 hearings on copyright before this committee, in the general revision of the copyright law hearings, pages 478 and 479, in February and March 1932, and also to pages 225-229 of the hearings on H. R. 10976 in 1932.

In regard to the Duffy bill, I would like to offer a few suggestions.

Mr. LANHAM. Mr. Ould, let me say in that regard, that we have only 2 minutes remaining until the time arrives for the committee to ask questions.

Mr. OULD. I see.

Mr. LANHAM. We cannot give you any time beyond those 2 minutes. I also understand that there is another gentleman present who wishes to file a brief.

Mr. DALY. Have you included in your brief which you will file the observations which you desire to make here?

Mr. OULD. I have not a brief prepared, but I shall be glad to submit one in the next few days.

Mr. KRAMER. Mr. Chairman, I suggest that he prepare the brief and file it, and it will be included in the record.

Mr. LANHAM. It was my understanding that you had prepared a brief. Unfortunately, our time is limited, and the time that is customarily accorded to witnesses has already expired, Mr. Ould.

Mr. OULD. There is one high spot, which is the point in which I am particularly interested, namely, the probable effect of the Duffy bill on entering the Bern Convention in any other way, upon the Library of Congress receiving copyrighted material. I think that point has not been brought out by any other witness, and that is the point which I emphasized at the 1932 hearings.

Every year the Library of Congress receives 30,000 or 40,000 books through copyright deposit. It has seemed in every effort which has been made to get us in the International Copyright Union that there has been serious danger that those deposits would cease to come in, and if that were done, Congress would not only be called upon to appropriate money to replace those works, averaging perhaps $2 to $3 each, but the Library of Congress would be called upon to establish a much more elaborate organization for the acquisition and purchase of those books, which would probably double their cost, maybe $100,000 or $200,000 a year, which Congress would be called upon to appropriate, and even then many of these works would not be obtainable otherwise than through copyright, and they would not be in the book trays. I would be very glad to file a brief along those lines.

Mr. LANHAM. Thank you, Mr. Ould.

(The statement of Mr. Ould is on file with the committee.) Mr. LANHAM. Mr. Fox, have you a brief to submit?

STATEMENT OF IRVING C. FOX, REPRESENTING NATIONAL RETAIL DRYGOODS ASSOCIATION

Mr. Fox. Mr. Chairman, I merely want permission to file with the clerk, to put in the custody of the clerk, this visual representation of the design patent law. It indicates a design patent [submitting newspaper.]

Mr. LANHAM. The time has now arrived, gentlemen, for the members of the committee to interrogate the witnesses.

Mr. CHURCH. Mr. Chairman, I want to ask Mr. Fox a question, if he is going to leave. May I ask him a question now?

Mr. LANHAM. Yes, sir.

Mr. CHURCH. You offered the other day some legislation, and we got together on a bill. At that time I did not know that you had in mind the House bill of a year ago. Is that the bill?

Mr. Fox. It is not.

Mr. CHURCH. Then you are opposed to that bill?

Mr. Fox. I am opposed to that bill.

Mr. CHURCH. Do you know the number of that bill?

Mr. Fox. I do not know it now.

Mr. CHURCH. I am told it is no. 5889.

Mr. KRAMER. Just a minute. May I ask Mr. Fox a question, Mr. Chairman?

Mr. LANHAM. Yes, Mr. Kramer.

Mr. KRAMER, I assume that this article which you have handed in here is to call the committee's particular attention to the design of dress material?

Mr. Fox. Yes, sir.

Mr. KRAMER. Design and material, or is it just the design?

Mr. Fox. It is more the textile than the gown, because the patent issued is on the textile design.

Mr. KRAMER. What you are referring to particularly here is the Vandenberg amendment?

Mr. Fox. And the Sirovich bill.

Mr. KRAMER. And the Sirovich bill, which would perhaps prohibit the infringement by someone else of this patent design and the selling of it in a cheaper grade of merchandise, so that it might be sold by the manufacturer at less cost?

Mr. Fox. That is right. The adequacy of the patents system even under present law is to protect design, where there is originality, and the fact that no mechanical invention is necessary, such as was suggested here by the proponents of the bill, that it was necessary to have inventions in a mechanical sense to have a textile design, which it is not.

Mr. KRAMER. Suppose somebody got out a design and they manufactured the design in other sizes, or suppose someone would pirate some newspaper publication.

Mr. Fox. It is right to have adequate protection in the patent system.

Mr. LANHAM. Is there anyone else here who has a brief to submit for the record? If I have overlooked anything, I want to know. Is there any witness here who has something to submit, outside of any amplification of a statement heretofore made?

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