try is changed, the arrangement must be reviewed and new negotiations, as well as the issuance of a new proclamation, may become necessary. However, a much more important consideration is that if American nationals had to rely solely on these bilateral arrangements for the foreign protection of their works it would in many instances be ineffective. This is so because they would have to comply with a large number of technical requirements in different countries which would constitute a major burden, both financially and mechanically, often out of proportion to the advantages accruing from such protection. Fortunately, up to this time Americans interested in copyright protection abroad have been able to obtain protection indirectly under the long-standing Berne Convention, to which some 40 countries adhere. Among these 40 are a majority of those countries in which the acquisition of copyright protection is of major importance. I say Americans have been able to profit indirectly from the Berne Convention because the United States has never become a member of it. The reason is that some of the basic provisions of the Berne Convention are incompatible with United States legal concepts of copyright. Nevertheless, United States copyright owners are at present able to protect their works under this convention by publishing in one of the Berne Convention countries. Thus, at the sufferance of other countries, and even though they have no basic right to the protection they secure, Americans are now able to obtain reasonably satisfactory copyright protection in much of the free world. However, the Department believes that a real danger exists, namely, that the privilege of using the Berne Convention will be withdrawn if we do not seize the opportunity presented by this new convention to strengthen our relationships in this field. This opinion is shared widely in copyright circles throughout the United States. It is our belief that the withdrawal of this privilege, which is explicitly permitted in the Berne Convention, has been held off pending the outcome of consideration by non-Berne countries of the new Universal Convention. Then, of course, it should be kept in mind that a substantial number of countries with which our bilateral copyright relations are unsatisfactory are not members of the Berne Convention and these countries grant only a relatively low degree of protection to foreign works. THE CONVENTION AND ITS DEVELOPMENT Here in the United States people interested in developing improved copyright protection for American authors abroad have been convinced for a long time that the best solution for the difficulties described is a new international convention in which the United States could participate. Efforts to develop such a convention began shortly after the war. The document you are considering is the result of careful, thorough preparatory work in the intervening years. From 1947 through 1951 a number of so-called experts' meetings shaped the broad outlines. Recognized leaders in the copyright field both here and abroad drawn largely from the legal profession framed the negotiating draft of the convention. Many of these experts later attended the negotiating conference as members of Government delegations. The draft instrument thus formulated by the experts, after extensive consultation with governments, was laid before the intergovernmental negotiating conference held at Geneva in the summer of 1952, which finalized the document. Of the total of 50 countries present, 40 have signed the convention. To the list of signatories appearing in Executive "M" should be added Belgium, Israel, Japan, and Peru, which signed after the conference concluded. You will, incidentally, find no Soviet bloc countries on this list. In fact, none either attended the conference or has shown any interest since that time. SUPPORT FOR THE CONVENTION Support for the Universal Convention has been expressed in this country by all those who create works subject of copyright protection-authors, composers, songwriters, and artists. It is also endorsed by enterprises providing the media for public dissemination of these creations-book publishers and manufacturers, periodical and music publishers, and the radio, television, and motion-picture industries. Libraries, educators, and scholars have also shown an active interest in adoption of the convention. It has in fact been officially approved by most of the organizations which are recognized as representing these various groups. In addition, it has received the approval of a number of the leading bar associations or their committees, including the house of delegates of the American Bar Association. In short, the convention has the wide support of all groups in this country interested in the creation, dissemination, and use of literary and artistic works. In the Department's opinion, this convention thoroughly merits this strong support because it would place our international copyright relations on a firm footing for the first time and would accomplish this purpose in a simple and effective manner. The convention does not attempt to eliminate differences in copyright theory and practice which exist in various parts of the world or to standardize national law and practice on the subject. Instead, it realistically recognizes these differences and satisfactorily bridges the gaps between the principal systems of copyright protection. Nor would the convention replace existing international agreements, such as the Berne and Latin American Conventions. Rather it supplements them where this is needed. THE MANUFACTURING CLAUSE CHANGE Attention has been given to the benefits that would accrue to American authors from United States participation in this Convention and to the improved protection which the United States would in turn provide foreign authors here. Let me now turn for a moment to the change in the manufacturing clause which is proposed. The author writing in English now can obtain only 5 years' protection here unless his book is printed in this country. If the printing is not done here, his work falls into the public domain after the 5-year period. It can then be reproduced freely by anyone and can be used in the movies or on radio or television without any remuneration to him. The negotiation of the convention involved considerable give and take in view of the differing systems of copyright which it must bridge. A number of countries, particularly the English-speaking ones, made it clear to us during the negotiations that they could not join a convention with us if we continued to apply the manufacturing clause of our law to them. They pointed out that they have been giving full protection to American works and are receiving only a very limited protection in return. We have felt and continue to feel that their point of view has considerable justification if we are to expect to receive the protection from them which would be provided by the convention. The proposal before you is that the manufacturing clause be modified so as to remove its application to countries which join the convention. The Department is not unmindful that the printing trades unions are appearing in opposition to this action. However, we are convinced that ratification of the convention and enactment of the necessary legislation would result in important advantages for this country. The United States would receive in return for modification of the manufacturing clause a specific quid pro quo from each foreign country in the form of improved protection, to the benefit of all United States creators and users of copyrighted material. In addition, our rapidly growing foreign market for books and related materials would be significantly strengthened. In direct contrast to the situation when the manufacturing clause was first placed in the copyright law in the late 1800's, we are now a major exporter with proceeds from books alone totaling more than $24 million last year. This figure is well over twice the value of the 1953 book imports. Thus the manufacturing clause has become an anomaly in our law which is out of keeping with our present economic position in this field. We are gratified to learn that, after careful consideration of the problem, the Book Manufacturers' Institute whose membership prints most of the books produced in this country, has reached similar conclusions and has withdrawn its opposition to modification of the manufacturing clause as proposed in S. 2559. UNDERDEVELOPED COUNTRIES The convention has also been drafted to encourage the adherence of underdeveloped countries. Many of these countries feel it is important that their nationals obtain access to foreign writings and culture in their local languages as quickly as possible. The convention takes cognizance of this problem by the inclusion of special provisions to meet this need. Adherence of these countries would help to improve and broaden the copyright protection of our nationals abroad. In addition, as the Secretary of State noted in his report on the convention, some of these countries are in areas of the world bordering on the Soviet bloc in which Communist propaganda has its greatest impact. Regularizing and improving our copyright relations with the free world countries bordering on the Soviet bloc would be especially important as a stimulus to the flow of books and other educational media to them from the rest of the world. CONVENTION NOT SELF-EXECUTING Let us turn now to the question of implementing the treaty. The terms of article X make it clear that the treaty is not self-executing, that is, its ratification would not by itself modify our domestic law. Any changes in the United States copyright law that are necessary to apply the provisions of the treaty must be specifically legislated by the Congress. That is the purpose of S. 2559 which is before you, as well as of the identical bills, H. R. 6616 and H. R. 6670, which are before the House. Not only is specific legislation required but the treaty also provides in article X that the legislation must be adopted before the instrument of ratification of the treaty can be deposited. This treaty creates no problem with regard to Federal-State relations. It does not give the Congress any power to legislate which it would not have in the absence of the treaty. In this connection, I wish to emphasize that the Constitution provides in section 8 of article I that Congress shall have the power "To promote the progress of science and the useful arts, by securing for limited times for authors and inventors the exclusive right to their respective writing and discoveries." This convention and the implementing legislaton are in clear pursuit of this provison of the Constitution. S. 2559 S. 2559 was drafted in accordance with the suggestions of the Secretary of State sent to the Senate last summer. The bill, with a few minor exceptions, would make only those changes in the copyright law that are necessary to bring it into conformity with the terms of the convention. The bill has been prepared to make these changes applicable only to the foreign countries which join the convention. Furthermore, it would not become effective until the convention comes into force with respect to the United States. IMPROVED CULTURAL RELATIONS WITH FREE WORLD It is the view of the Department of State that our acceptance of the Universal Copyright Convention will improve our general foreign relations with the rest of the free world. Not only will it establish more satisfactory copyright protection abroad for United States nationals, but it is bound to have a very favorable influence on the intellectual and cultural leaders and groups of other countries, particularly in Western Europe. It is impossible to overemphasize the influence of these groups on the political and social life of most free world countries. The Department has been much impressed with the emphasis these people place on copyright problems. Indeed, to people who do not have immediate contact with these groups, their concern about this matter may seem unwarranted and disproportionate. However, there is no gainsaying that strong criticisms have been voiced against the United States for its maintenance of unsatisfactory conditions of copyright protection. Indeed, one effect of this criticism has been to create the impression abroad that this country follows a largely materialistic attitude in this field and is not friendly nor adequately favorable to the arts and sciences, an observation which any American would immediately challenge. The committee will therefore readily understand why the Department has been impressed with the general feeling abroad that the successful negotiation of the convention is the beginning of a new era in improved cultural relations between the United States and especially Western European countries. These are some of the reasons why the Department is firmly convinced that the Universal Copyright Convention and the related legislation contained in S. 2559 constitute an important step forward in good relations with other countries, and therefore gives the convention and legislation its wholehearted support. Senator HICKENLOOPER. Thank you, Mr. Kalijarvi. Senator Wiley, do you have questions? Senator WILEY. I have no questions, except at this time I would like to put in the record the organizations favoring the Universal Copyright Convention and the organizations opposed to the Universal Copyright Convention. This was prepared by the committee staff. Senator HICKENLOOPER. Will they be presented at this point in the record or prior to Mr. Kalijarvi's remarks? Senator WILEY. After Mr. Kalijarvi's remarks. Senator HICKENLOOPER. They will be so included in the record. (The lists referred to are as follows:) ORGANIZATIONS FAVORING UNIVERSAL COPYRIGHT CONVENTION National Music Council. The Authors League of America, Inc. Music Publishers Association of the United States. Songwriters' Protective Association. American Book Publishers Council. Music Publishers Protective Association. Book Manufacturers' Institute, Inc. (during House hearings reversed its position of opposition). McGraw-Hill International Corp. Doubleday & Co. Mystery Writers of America, Inc. The Bobbs-Merrill Co., Inc. American Performing Rights Society, Inc. National Association for American Composers and Conductors, Inc. Illinois Library Association. Catholic Library Association. American Civil Liberties Union. Protestant Denominational Publishing Houses. Artists Equity Association. World Book Co., publishers. American Library Association. American Council on Education. American Guild of Organists. American Society of Composers, Authors, and Publishers. Patent Law Association of Chicago. The University of Chicago Press. Little, Brown & Co. American Academy of Arts and Sciences. Sigma Alpha Iota National Music Fraternity. National Institute of Arts and Letters. Protestant Church-Owned Publishers' Association. W. W. Norton & Co., Inc., publishers. William Morrow & Co., Inc., publishers. Association of College and Reference Libraries. National Association of Radio and Television Broadcasters. |