blind, or to books or periodicals of foreign origin in a language or languages other than English, or to works printed or produced in the United States by any other process than those above specified in this section, or to copies of books or periodicals, first published abroad in the English language, imported into the United States within five years after first publication in a foreign state or nation up to the number of fifteen hundred copies of each such book or periodical if said copies shall contain notice of copyright in accordance with sections 10, 19, and 20 of this title and if ad interim copyright in said work shall have been obtained pursuant to section 22 of this title prior to the importation into the United States of any copy except those permitted by the provisions of section 107 of this title: Provided further, That the provisions of this section shall not affect the right of importation under the provisions of section 107 of this title."

SEC. 3. Section 19 of title 17, United States Code, is amended to read as follows:

"§ 19. Notice; form

"The notice of copyright required by section 10 of this title shall consist either of the word 'Copyright', the abbreviation 'Copr.', or the symbol, accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of work specified in subsections (f) to (k), inclusive, of section 5 of this title, the notice may consist of the letter C enclosed within a circle, thus, accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case of works in which copyright was subsisting on July 1, 1909, the notice of copyright may be either in one of the forms prescribed herein or may consist of the following words: 'Entered according to Act of Congress, in the year by A. B., in the office of the Librarian of Congress, at Washington, D. C.', or, at its option, the word 'Copyright', together with the year the copyright was entered and the name of the party by whom it was taken out; thus, 'Copyright, 19 by A. B."."

SEC. 4. This Act shall take effect upon the coming into force of the Universal Copyright Convention in the United States of America.

Senator HICKENLOOPER. I am acting in the capacity of chairman of the subcommittee of the Committee on Foreign Relations, and Senator Wiley, who is actually chairman of the Foreign Relations Committee, is acting in the capacity of chairman of the subcommittee of the Committee on the Judiciary.

We are trying to hold this hearing in concert, so that we will be able, we hope, to save time and arrive at final conclusions, both on the treaty and any implementing legislation that may result.

I think a formal statement may start the record properly. We are meeting here today to give consideration to the Universal Copyright Convention and three related protocols which were signed at Geneva under date of September 6, 1952, and the implementing measure, S. 2559, which is designed to harmonize certain provisions of our copyright law with this convention. The convention was transmitted to the Senate by the President on June 10, 1953, with a strong recommendation for favorable action (Executive M, 83d Cong., 1st

sess.).

We are meeting in a joint session of subcommittees of the Committee on the Judiciary and the Committee on Foreign Relations because of the interconnection between the proposed legislation which must be enacted to give effect to the treaty, and article X of the convention. That article provides that before the instrument of ratification is deposited on behalf of any State, that State must be in a position to give effect to the terms of the convention under its do

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mestic law. This the United States is unable to do at present because of the scope of the "manufacturing clause" and certain formal requirements necessary to obtain copyright (17 U. S. C. sec. 16). The pending bill makes the appropriate adaptations. It provides expressly in section 4, however, that the legislation will take effect only upon the coming into force of the Universal Copyright Convention in the United States. Thus, neither the convention nor the bill can become effective without the other.

PAST COPYRIGHT TREATIES AND LAWS

Until now the United States has not found it possible to accept the principal multipartite convention on copyright (the Berne Convention of September 9, 1886, as revised) which protects the rights of foreign subjects in their literary and artistic products. We are party to certain multilateral agreements with Latin American countries, notably the Buenos Aires Convention of 1910, and to a network of bilateral agreements which, however, have failed to provide an adequate basis for protection abroad of American books and periodicals, music, art, motion pictures, and similar cultural and scientific creations. Conversely, a foreign author of a work written in the English language cannot obtain effective protection against the piracy of his work unless it is printed in the United States.

The Berne Convention was unacceptable to the United States because it embodied a number of concepts altogether at variance with principles of our copyright law, such as, for example, in the matter of automatic recognition of copyright without any formalities, protection of moral rights, and the retroactivity of its application with respect to works already in the public domain in the United States.

In general, the Universal Copyright Convention rests on the principle of national treatment, namely, that the protection afforded to literary, scientific, and artistic works of the nationals of contracting States must be no less effective than that granted to works of nationals of the State in which protection is sought.

CHANGES NECESSARY IN UNITED STATES LAWS

As I read the convention there are three principal changes which must be made in our laws to implement the treaty, These are: the relaxation, as to foreign works, of the requirement of United States manufacture; a slight modification in the form of the copyright notice; and elimination of the right of the Register of Copyrights to invalidate copyright in a foreign work when the required copies are not deposited after demand.

We are here to ascertain just what advantages the United States and its people will derive from the convention, as well as what we are conceding, if anything. Many of the witnesses to be heard are among the foremost experts in their field. A number of questions naturally arise in connection with the convention.

With that preliminary statement, we will proceed to the statements and testimony and the questioning of witnesses.

We have asked that insofar as possible, because there are duplicating interests involved, a consolidation of the presentation of a certain class of interests in copyrights and in this convention be made,

and we are trying to avoid the repetitious presentation of the same reasons or the same arguments in connection with any class or classification of views. We have received excellent cooperation along that line in arranging the list of witnesses who have asked to be heard, and we have asked some, on our own responsibility, to be heard. Senator WILEY. Mr. Chairman?

Senator HICKENLOOPER. Senator Wiley.

Senator WILEY. In view of the fact, as you have already stated, that S. 2559 is before the Judiciary Committee and the convention is before the Foreign Relations Committee, I would like to make a brief statement in relation to S. 2559.

Senator HICKENLOOPER. You may proceed. I think it will be very well if you do.

PROVISIONS OF S. 2559

Senator WILEY. S. 2559, to amend title 17 of the United States Code, entitled "Copyrights," as you have already said, is being considered in concert with the Universal Copyright Convention for the reason that pursuant to the convention, the contracting States undertake to adopt such measures as are necessary to ensure the application of the convention. Each State agrees under the convention that it will be in a position under its domestic law to give effect to the convention at the time which it deposits its instrument of ratification. Accordingly, the United States instrument of ratification of the convention cannot be deposited until after the adoption of such legislation as is necessary to bring the United States copyright law into harmony with the provisions of the convention.

S. 2559, in terms, will do the following:

It will amend section 9, title 17, United States Code, so as to add a new subsection (c) thereto, to the effect that when the Universal Copyright Convention shall have come into force between the United States and a foreign state or nation, copyrights secured by title 17 shall extend to the work of an author or copyright proprietor who is a citizen or subject of a foreign state and to works first published therein. Subsection (c) then enumerates the formal requirements of the copyright law from which such works are exempt.

The principal modifications involved in such exemptions are:

1. The elimination of the manufacturing requirement as to Englishlanguage books and periodicals of foreign origin.

2. The qualifications of the right of the Register of Copyrights to void a copyright in foreign works for failure to make the required deposit after demand.

3. The relaxation of the present statutory requirements of copyright notice.

4. The removal of the requirement for a separate proclamation under section 1 (e). There is, in addition to the changes required by the convention, modification of two other sections of the present law. These are:

(a) Section 16 of the copyright law is modified to permit an American author to first publish his book abroad in the English language and to import 1,500 copies of the book. Unlike foreign authors, he does not now enjoy this privilege.

The last clause of section 16 is repealed as being superfluous, since the Presidential proclamation to which it refers has been terminated.

(b) The notice provisions of section 9 are modified so that an American author or publisher may utilize the symbol as an alternative statutory copyright notice in a book. This modification is designed in order that an American publisher exporting books to foreign countries may utilize the single copyright notice in the books which will suffice both for domestic requirements and for those member countries of the Universal Copyright Convention.

Senator HICKENLOOPER. Thank you.

COMMITTEE PROCEDURE

We have asked the witnesses to confine their statements to 10 minutes, unless there is some unusual subject matter raised which the committee will desire to explore at a greater length. We shall try to adhere to that rule. We want to explore this subject fully, but we have a great many witnesses, and we ask that every effort be made to confine statements to the 10-minute period.

The first witness this morning will be Mr. Thornsten V. Kalijarvi, who is the Acting Assistant Secretary of State for Economic Affairs. Mr. Kalijarvi, will you come forward?

I might say, among the questions which have occurred to us that you can touch on, and probably will touch on, are these:

In what major respects does the Universal Copyright Convention differ from the Berne Convention so as to render the present instrument acceptable to this Government, while the former treaty was not?

Other questions concerning the general effect of the convention on our domestic law, formalities, translation rights, and so on will, I am sure, be raised in this connection.

STATEMENT OF THORSTEN V. KALIJARVI, DEPUTY ASSISTANT SECRETARY OF STATE FOR ECONOMIC AFFAIRS

Mr. KALIJARVI. Mr. Chairman, members of the committee, I am appearing in support of the Universal Copyright Convention and of S. 2559, which would provide implementing legislation for the convention. The Secretary of State, in his report to the President, stated that participation in this convention by the United States would not only significantly improve the protection accorded to United States interests abroad, but would also make a substantial contribution to our general relations with the rest of the free world. The Department welcomes this opportunity to reaffirm its belief in the importance and desirability of adherence to this major new international agreement on copyright.

BACKGROUND OF COPYRIGHT CONVENTION

The United States presently participates in no worldwide arrangement to improve the basis of legal protection in the literary and artistic field. While we have for many years been members of an important regional copyright convention restricted to countries of the Western Hemisphere, we have had no multilateral ties with the rest of the world in this respect. Our adoption of an active role in this field is becoming of increasing importance, both politically and commercially.

In this Department's view, the Universal Copyright Convention would provide the means for the United States to strengthen its affiliation with the rest of the free world in this important area.

This new convention will assure to United States authors and other copyright proprietors a wider and more secure protection abroad than they now have, while at the same time simplifying their task of obtaining it. By publishing his work in this country with a copyright notice placed on it, an American author would automatically receive protection for the work in the other countries which adhere to the convention. He would also obtain a somewhat higher standard of protection under the laws of some of the less developed countries than is presently possible, particularly with regard to the number of years of protection and the conditions under which translations of his work are made into local languages.

In return, the United States would provide foreign authors with a thoroughly justified improvement in their protection here. This involves primarily a modification of the so-called manufacturing clause of our copyright law. Under this clause, an author writing in English cannot obtain full-term copyright protection unless his work is printed here. If the work is first printed abroad, he can get a temporary 5-year protection during which period he can import 1,500 copies to test the market, but he loses his copyright protection at the end of the 5 years if the work is not printed here by that time.

My remarks will be confined to a discussion of the unsatisfactory conditions that now prevail in the copyright field, the thorough and painstaking manner in which the Universal Convention was prepared, and the fundamental benefits which adherence to it would bring to this country. Other witnesses who follow will discuss the more technical aspects of the convention and its related legislation.

WHY A NEW CONVENTION IS NEEDED

Let us first examine our present international copyright arrangements, how they have emerged, and why they are considered antiquated, inadequate, and precarious. Strange as it may seem, until the late 19th century we had no international copyright arrangements with any country. Up to that time we were more a consumer than a producer of copyrightable materials, and we were chiefly concerned with securing free access to foreign works. The writings of great English authors, such as Dickens and Scott, were freely pirated in this country and published without any pecuniary return to the writers.

Just before 1900, we began to enter into a number of bilateral arrangements in this field. These agreements, with improvements and alterations, persist to this day. Although the system is largely outmoded, it still forms the chief foundation of our international copyright relations. These arrangements enable the United States to extend protection to the nationals of each foreign country on a national-treatment basis upon a finding in each case that we are receiving reciprocal treatment from the foreign country concerned.

This bilateral system has proved complicated and cumbersome from an administrative standpoint. Each arrangement requires separate time-consuming negotiations and involves the issuance of a Presidential proclamation. Furthermore, whenever the law of a foreign coun

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