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Their contention was—and the publishers agreed to that contention—that they would not strive to get the exclusive importation rights, the exclusive handling rights, of a foreign original, unless they made it here again. Their quarrel was with them, and they won that quarrel.
Now, let me quote one statement from the counsel of the incorporated Society of Authors, Playwrights, and Composers, London, Mr. E. J. McGillivray, who in commenting in the Publishers' Weekly of May 16, 1925, on the Solberg measure and lamenting the fact that it did not give, as then drawn, the American publisher an exclusive control over the American market for the English work that he reprinted here, said this:
There seems, however, to be no objection to making an exception, as in the present American act, which would permit the importation of single copies from abroad for private use, for the use of certain specified libraries.
So that the counsel for the producers concerned in the original could see the propriety of the present American act on that score.
Mr. PERKINS. I would like to ask one question that has been suggested : Is there or is there not a general list sent out by the publishers in this country showing all books published or for sale by the publishers?
Mr. Raney. Well, there is currently issued a monthly list of what is issued during that month. It accumulates at certain periods; it is cumulative at the end of the year, and at the end of four or five years. The last general cumulation of books that were then in print occurred in 1912. They are very costly volumes, that only very large libraries could afford to buy. Those volumes are almost instantly out of date, the moment they are printed. Those editions will have to be followed up then in weekly issues, which would be cumulative. But they form a very large file and a very costly file.
But even with that you still could not answer that question; because one of the questions is, is there an English edition and an American edition? It does not answer that, and not even if you
have a complete file showing copyrighted books, because this is six months behind in the copyrights. So that, after all, to answer that question you must go to Washington for the information if you want to be entirely safe.
Mr. WEFALD. Have you formulated an amendment to the provision that you would like to have the committee consider?
Mr. RANEY. Yes, sir. The continuance of the present practice, that has been followed from 1790 to the present, is what we ask for; and that would be effected if you would omit from section 30 (a), line 1, these five words: "in the country of origin.”
Then omit section 30 (a), the second half of that, beginning with the word, “ Provided,” line 16, down to the end of that section.
Section 30 (b) entirely, and section 31.
The first is, strike out in section 30 (a), line 1, "in the country of origin."
The CHAIRMAN. That is on page 25.
The CHAIRMAN. Now, that is the first one-strike out “in the country of origin.” What is the next one?
Mr. RANEY. The same section, line 23 to the end.
Mr. RANEY. Starting with “Provided," and striking out to the end.
Then strike out 30 (b) entirely, and strike out section 31 entirely. Mr. WEFALD. All of section 31?
Mr. RANEY. All of 31. If these excisions are made, you have reduced the measure to the present law.
The CHAIRMAN. Now let me see if I understand. Beginning on page 25, line 23, beginning with “Provided,” strike out everything on that page and all of page 26 ?
Mr. RANEY. No; your first excision is in line 16.
The CHAIRMAN. Well, I had that. Then the second one is line 23, begin with the word “Provided ” and strike out the balance of that page and all of pages 26 and 27 down to line 17.
Mr. RANEY. No. All of 26 down through line 11.
Mr. RANEY. Now, Mr. Chairman, more for identification than anything else, let me introduce to you first Dr. William Mather Lewis, president of George Washington University, who will be the spokesman for the Association of Urban Universities. He will mention to you what his organization is and the position it assumes.
STATEMENT OF DR. WILLIAM MATHER LEWIS, PRESIDENT
GEORGE WASHINGTON UNIVERSITY, WASHINGTON, D. C.
Mr. LEWIS. Mr. Chairman, I represent the Association of Urban Universities, made up of 32 city universities of the type of Columbia University—the College of the City of New York, in New York City; the University of Pennsylvania, in Philadelphia; the George Washington University, in Washington; the University of Buffalo, in Buffalo; the University of Pittsburgh, in Pittsburgh, and so on. These universities are in very close touch with the industrial situation in the various cities, and one part of their work is to produce men to go into the industry and business of the cities.
We are in favor of the position taken by the American Library Association for two distinct reasons: In the first place we believe that the statements in the bill which you are considering, which have to do with the importations, would require the setting up of machinery by the copyright office which would be unworkable. We believe that the work which that department would be called upon to do would be complicated, and that the law can not be properly enforced, and we do not believe in the enactment of a law of that kind.
In the second place, and most important, we object to these requirements relative to importation, on account of the fact that we believe that the industry and the business of the United States is greatly benefitted by the free interflow of books, particularly of a scientific nature, and we feel that the present bill would to a certain extent block that.
You have heard from the manufacturing side. I would like to call your attention to the fact that 75 per cent of the men working in science to-day are supported by the colleges and universities of the United States, a great many in the group of city universities which are named. In other words, 75 per cent of the constructive scientific work which goes into the program of industry of this country, scientific invention, not pure science, but applied science, is being developed by men who draw their pay from these universities. We believe that anything that
blocks them from the latest scientific books in Europe helps to put Europe ahead in industry and science and holds us back. We want this country to have free access to all sorts of foreign books, without being blocked by Europe in that respect. I can not fully develop that point.
I will not take up your time, but I am here to say to you in behalf of these 32 çity universities, for example, the University of Akron, with its great department of rubber chemistry, the University of Cincinnati, with its great development along machine lines—I am here to say to you for that type of university that we hope your committee will give careful consideration to those two points.
First, to the fact that the law will of necessity set up machinery that will be bulky and unworkable; second, we believe we have a right to ask in behalf of the scientific men of this country, who are developing the business and industry and research of this country, the best and the most immediate facilities which can be obtained with which to promote their work and to give them the advantage of the best thought in the world.
Mr. PERKINS. It is not your contention that under this bill these scientific publications would not be available, but that you would be delayed in getting them?
Mr. LEWIS. We would be delayed in getting them. We would not get them as quickly, and we feel we are entitled to that to help our scientific men and help our nation through them.
Mr. RANEY. I will next introduce Dr. Harrison E. Howe, representing the American Chemical Society.
STATEMENT OF HARRISON E. HOWE, REPRESENTING THE
AMERICAN CHEMICAL SOCIETY Mr. Howe. The American Chemical Society is an organization of 15,000 men and women engaged in the pursuit of chemistry in industries and universities and wherever chemistry is employed. We also favor the stand of the American Library Association in the matter of importation, but we have a further objection to the bill, as we read it.
If, upon the mere existence of any writing, it automatically becomes copyrighted, without any formality whatever, we can forsee great difficulties that may arise, unless the author is required to conform to some slight formalities, so we may know on the appearance
of a manuscript whether or not he consents to reprinting without compensation or whether he expects some arrangement to be made for reprinting his material. We believe that if a writer desires some protection for what he has created he should be willing to go through the formality of making a statement, in whatever manner may be decided upon by the committee, as to whether he expects to be compensated for the reprinting of that material. Otherwise, we can foresee all sorts of difficulties in the publication of scientific material.
I have nothing else to say, unless some questions be asked me. Mr. RANEY. I am very sorry that Dr. Joseph S. Ames, member of the advisory committee on aeronautic, has been called out of the room and we will not be able to hear his testimony. If he could have spoken, he would have addressed you in behalf of the American Physical Society. I desire to read into the record the fact that that organization has taken the same position outlined by myself and previous speakers.
I will call upon Dr. David M. Robinson, representing the American Philological Association, the Archeological Institute of America, and the College Art Association.
Doctor Robinson represents these allied organizations, which held their annual meetings in the same city during the Christmas holidays and took action along the same line. Doctor Robinson is associate editor of four or five journals, and former head of the American Academy at Athens.
STATEMENT OF PROF. DAVID M. ROBINSON, REPRESENTING
THE AMERICAN PHILOLOGICAL ASSOCIATION, ARCHEOLOGICAL INSTITUTE OF AMERICA, AND COLLEGE ART ASSOCIATION
Mr. ROBINSON. Doctor Raney has told you what I represent, so you do not need that information again.
The College Art Association is made up of the teachers of the history of art in all our American colleges. It is an association of about 700 professors, and has established a publication called the Art Bulletin.
The Archeological Institute of America is made up of some 40 societies in existence throughout the United States and Canada, and represents a membership of some 3,000, a great number of these being professors of art and archeology, Latin, Greek, and ancient history. It supports a journal and many publications which have to be printed abroad, sometimes in England, because the American publishers are not able to do the lithographing work and do it as promptly as we can do it at the site of excavation. We have already established in Rome and other foreign cities certain monographs for scientific and art purposes. In studying in close detail a reprint of archeological data it is necessary to have the original edition, even if there is a reprint in this country.
The other society that I represent is a linguistic society. The American Philological Association is made up of professors of Latin, Greek, Sanskrit, and other languages, even modern languages. Those professors from our American universities, about 1,000 of them, deal with languages and the text. We always want the original English of these, so that we may know exactly what the author said. In the American reprint there would be little difference, and it is abso
lutely necessary for a man in philological work to get the original English edition. He must have that even where there is a reprint. He likes to be able to get those and put them in the hands of students around the table in discussing these matters. Even the omission of a little word like “a” or “an” means a very important point.
Mr. RANEY. The next is Dr. E. N. Curtis, representing the Association of American Colleges.
STATEMENT OF E. N. CURTIS, REPRESENTING THE ASSOCIATION
OF AMERICAN COLLEGES
Mr. CURTIS. Mr. Chairman and gentlemen, in order to give you accurate information in regard to the Association of American Colleges, which I represent, I have written the secretary of this association to secure a statement of its membership, which I will briefly state to you.
There are 312 active institutional members of the Association of American Colleges. All the leading endowed colleges and numerous State and independent universities are included. There are 45 States represented in the association. The association was organized in 1915, and is generally recognized as the most active association of higher educational institutions in the country. It brings together the largest group of presidents and deans ever assembled at one time for discussion of the problem of higher education in January of each year. It has produced and published in the Association Bulletin and extensive literature of the college of liberal arts. The institutions represented in the association represent many millions in endowment and in plant investment.
I should like to say that, in addition to these large and rich universities, there are a great many poor institutions in the West and in the South which are also represented by this body. It seems to us, therefore, that is a great hardship that you would not willingly inflict upon these poor and rather remote institutions to compel them to purchase the elaborate and costly catalogues which this provision in the present bill would require. You surely do not wish to put such a burden on the education of the youth of our country, whether they happen to be so fortunate as to be in attendance on rich and prosperous universities or institutions or in poor and remote sections of the country. That is the particular point I would like to make.
In addition, I would like to stress the fact that the safety of the United States may be in some measure involved. We have heard great deal about the political isolation, but I think there has not been very much said about the intellectual isolation. We surely do not want to be regarded by our foreign brethern as a little bit behind them in our access to the latest thing in research and in other fields of that kind.
Mr. PERKINS. How are we now regarded ?
Mr. CURTIS. No, sir. Therefore, gentlemen, I should like to place our association on record definitely in support of the amendment to this bill which has been suggested.
Mr. RANEY. I will next introduce to you Dr. Truman Michelson, representing the Linguistic Society of America.