Senator HICKENLOOPER. It will be incorporated in the record.

(The resolution submitted on behalf of the Chicago Bar Association follows:)

RESOLUTION OF

THE CHICAGO BAR ASSOCIATION RESPECTING THE UNIVERSAL
COPYRIGHT CONVENTION

Whereas the President of the United States has sent to the Senate for ratification the Universal Copyright Convention signed at Geneva, Switzerland, on September 6, 1952, by representatives of the United States and other countries; and

Whereas the ratification of said convention will afford immediate copyright protection to citizens of the United States based on our present law, without impairment thereof, in all other countries subscribing to the convention; and Whereas the ratification of said convention will be of immeasurable benefit to the United States in its relationship with other countries, and will greatly enhance the dissemination of intellectual creation throughout the world: Therefore, be it

Resolved, That the Chicago Bar Association approves and recommends the ratification of the Universal Copyright Convention and the protocols thereof, and recommends the enactment of such enabling legislation as may be necessary to conform to said convention.

COMMENTS OF CHICAGO BAR ASSOCIATION COMMITTEE ON PATENTS, TRADE-MARKS, AND TRADE PRACTICES ON THE UNIVERSAL COPYRIGHT CONVENTION

The Universal Copyright Convention of 1952 was transmitted by President Eisenhower to the Senate on June 10, 1953 (Executive M, 83d Cong., 1st sess.). Broadly, this convention provides equal national treatment respecting copyright to the nationals of each contracting state. It affords major advantages to United States authors by providing copyright protection in foreign countries where it is not now available. Heretofore United States authors have attempted to secure copyright protection in the Berne Convention countries by the device of "simultaneous publication," a legal stratagem that is of questionable effectiveness because the United States is not a signatory of the Berne Convention. In many other countries treaties afford limited reciprocal advantages to United States authors, while in still other countries United States authors generally have no effective means of procuring copyright protection.

The Universal Copyright Convention of 1952, if ratified and implemented by appropriate legislation, will eliminate this unsettled and unsatisfactory condition. To implement the Universal Copyright Convention of 1952 it is necessary to modify the Copyright Code (Title 17, U. S. Code) in two respects: First, it is necessary to limit the requirement that the manufacturing or mechanical work be done in the United States so that it applies only to citizens of the United States and to aliens domiciled in the United States. Secondly, the notice requirement of section 19 of the Copyright Code must be broadened to permit the use of the symbol C within a circle-thus on all works subject to copyright protection. The following bills, introduced into the 83d Congress, 1st session, accomplish these changes and are legislation of the type referred to in the foregoing resolution: S. 2559, H. R. 6616, and H. R. 6670.

Your committee recommends that, if approved, copies of the foregoing resolution be transmitted to:

Hon. Alexander Wiley, chairman, Foreign Relations Committee, United States Senate.

Hon. William Langer, chairman, Committee on the Judiciary, United States Senate.

Hon. Chauncey Reed, chairman, Committee on the Judiciary, House of Representatives.

COMMITTEE ON PATENTS, TRADE-MARKS, and Trade PRACTICES,

By JOHN T. LOVE, Chairman.

Mr. FROST. I am here also to present a similar resolution of the Patent Law Association of Chicago which likewise approves the Universal Copyright Convention and recommends the enactment of legislation required to implement it, and I hand this resolution to the clerk.

Senator HICKENLOOPER. That may go in the record also.

(The resolution submitted on behalf of the Patent Law Association of Chicago follows:)

RESOLUTION OF THE PATENT LAW ASSOCIATION OF CHICAGO RESPECTING THE UNIVERSAL COPYRIGHT CONVENTION

Be it Resolved, That, (1) the Patent Law Association of Chicago endorses the Universal Copyright Convention of 1952 and recommends that the Senate of the United States ratify the same; (2) the Patent Law Association of Chicago endorses such legislation as is required to implement the Universal Copyright Convention of 1952, such as S. 2559, 83d Congress, 1st session (Mr. Langer); H. R. 6616, 83d Congress, 1st session (Mr. Crumpacker); and H. R. 6670, 83d Congress, 1st session (Mr. Reed).

REMARKS OF THE PATENT LAW ASSOCIATION OF CHICAGO RESPECTING THE UNIVERSAL COPYRIGHT CONVENTION

The Universal Copyright Convention of 1952 was transmitted by President Eisenhower to the Senate on June 10, 1953 (Executive M, 83d Cong., 1st sess.). Broadly, this convention provides equal national treatment respecting copyright to the nationals of each contracting state. It affords major advantages to United States authors by providing copyright protection in foreign countries where it is not now available. Heretofore United States authors have attempted to secure copyright protection in the Berne Convention countries by the device of "simultaneous publication," a legal stratagem that is of questionable effectiveness. In many other countries treaties afford limited reciprocal advantages to United States authors, while in still other countries United States authors generally have no effective means of procuring copyright protection. The Universal Copyright Convention of 1952, if ratified, and implemented by appropriate legislation, will eliminate this unsettled and unsatisfactory condition. To implement the Universal Copyright Convention of 1952 it is necessary to modify the Copyright Code (title 17, U. S. Code) in two respects. First, it is necessary to limit the requirement that mechanical work be done in the United States to citizens of the United States and to aliens domiciled in the United States. Secondly, the notice requirement of section 19 of the Copyright Code must be broadened to permit the use of the symbol C within a circle. Since the bills mentioned in paragraph 2 of the resolution accomplish these changes, they are specifically endorsed.

Mr. FROST. I should mention on my own part that in the case of each of these resolutions there hasn't been a single dissenting opinion among the lawyers of Chicago. I think that is quite significant. There is just one other additional point I would like to make.

We have discussed this Universal Coypright Convention and the legislation at some length, and I would just like to emphasize that we do not like the Berne way. We think it is amazing that it has lasted as long as it has, and it is only a matter of time before the back door to Berne will be closed and closed tight.

Thank you.

Senator HICKENLOOPER. Mr. Frost, do you feel that this convention and the implementing legislation are definitely constructive and in the interests of the authors and composers of the United States and of the country?

Mr. FROST. Yes, sir.

Senator HICKENLOOPER. Thank you very much.

Any questions, Senator Wiley?

Senator WILEY. I notice that in your recommendation there wasn't anything specific in relation to S. 2559. You did say, in substance, you recommended appropriate implementation. I wanted to get your judgment as to whether or not S. 2559 as such is appropriate implementation.

Mr. FROST. It is, Senator Wiley, and that is mentioned in each of the resolutions. I tried to save time by handing it to the clerk. We consider S. 2559 as such appropriate legislation.

Senator WILEY. That was definitely considered?

Mr. FROST. It was definitely considered, and is included in the papers I have handed to the clerk; yes.

Senator WILEY. Thank you.

Senator HICKENLOOPER. Thank you, Mr. Frost.

Mr. Samuel W. Tannenbaum, representing the Copyright Association of the United States of America, has a very short statement.

STATEMENT OF SAMUEL W. TANNENBAUM, NEW YORK CITY, N. Y., REPRESENTING COPYRIGHT ASSOCIATION OF THE UNITED STATES OF AMERICA

Mr. TANNENBAUM. I have already submitted the statement, Mr. Senator.

Senator HICKENLOOPER. We will make it part of the record. (The statement submitted by Mr. Tannenbaum follows:)

STATEMENT OF SAMUEL W. TANNENBAUM, PRESIDENT OF THE COPYRIGHT SOCIETY OF THE UNITED STATES OF AMERICA

My name is Samuel W. Tannenbaum. I am a member of the New York Bar, with offices at 1619 Broadway, New York City, and president of the Copyright Society of the United States of America.

I am the surviving partner of the law firm of Johnson & Tannenbaum, counsel and consultant in copyright matters for the principal motion-picture companies, radio and television broadcasters, and advertising companies engaged in transactions with the amusement industry generally. My professional activities in the law of copyright and those of my late partner, Ligon Johnson, embrace a period of about 45 years.

The Copyright Society of the United States of America, of which I am the president, is chartered by the Board of Regents of the University of the State of New York.

The views expressed by me are not in my capacity as president of the Copyright Society of the United States of America, for it is not within the purposes of that society to support or oppose legislation or legislative policies relating to the law of copyright or other matters; rather, my opinions and recommendations are based upon my daily experiences as copyright counsel and consultant, particularly relating to the issues before this committee.

Coincidentally, the time is propitious for our country to ratify the Universal Copyright Convention, which it signed with 39 other countries.

This year, in its bicentennial celebration, Columbia University, has proclaimed the theme, Man's Right to Knowledge and the Free Use Thereof, which the leaders of thought have been expounding throughout the world.

I will endeavor to discuss briefly, first, the effect of S. 2559 and the ratification of the Universal Copyright Convention on our authors, composers and creators and users of intellectual properties and second, on our foreign relations.

SOME OF THE IMPORTANT BENEFITS TO UNITED STATES AUTHORS

The fervent hope of the authors of our country to secure foreign copyright protection for their intellectual and cultural works, evidenced itself as far back as 1880, when such celebrated writers as William Wadsworth Longfellow, Ralph Waldo Emerson, Mark Twain, William Dean Howells, Oliver Wendell Holmes, John Greenleaf Whittier, Thomas Bailey Aldrich, and others, petitioned William W. Evarts, then Secretary of State to negotiate a copyright treaty between the United States and England. Their persistent efforts were finally rewarded in 1891, when the first copyright treaty was entered into between the United States and England, and at the same time with France, then followed by our treaties with Germany and Italy in 1892.

Since 1886 when the Berne Convention had its origin, many attempts by the United States to enter into multilateral international copyright treaties have failed. The opportunity now presents itself to substitute a relatively simple procedure for the present uncertain and back-door method, for securing for our citizens, foreign protection for their intellectual efforts.

While the United States, from time to time, has entered into separate copyright treaties with many foreign countries, these have been beset with such rigid requirements and obstacles as to afford inadequate protection in the foreign countries to our authors and the users of intellectual works.

The Universal Copyright Convention will give our citizens a simple, direct, and practical method for foreign copyright protection.

The United States is predominately an exporting, rather than an importing nation of literary, artistic, and intellectual properties, generally.

Secretary of States Dulles, in his report to President Eisenhower on June 10, 1953, transmitting the Universal Copyright Convention for ratification to the Senate, stated:

"This convention would provide a more adequate basis than presently exists for copyright protection abroad of United States books and periodicals, music, art, motion pictures, and similar cultural and scientific creations. * * * A broad multilateral copyright coverage which includes those countries would serve as a stimulus to the flow of books and other educational media between them and other free countries."

Under our present system, since our country is not a member of the International Copyright Union (Berne), the only method by which our citizens can obtain foreign copyright protection is by the indirect or back-door method, by simultaneous publication in Canada, England, or in any of the other countries of the International Copyright Union. We receive these benefits merely by sufferance. In my experience as copyright counsel in studying the problems covering the extensive field of intellectual properties, I have discovered that many copyrights of the valuable works of prominent American authors, have fallen into the public domain in foreign countries, because our authors failed to strictly comply with the rigid requirements of publication on the same day in a member country of the International Copyright Union.

In many cases, serious legal problems have arisen, particularly after the lapse of years, because of the increasing difficulty of establishing simultaneous publication in the foreign country, by competent proof.

Frequently, the records of the author or publisher are nonexistent when the issue arises, in most cases, many years after the first publication.

Except in the case of established publishers of books and of important magazines, no effort to effect simultaneous publication in a union country is even attempted. Thus, the author of a story or book loses his foreign copyright, not only in the story or book, but in all the other rights under copyright, such as, translations, dramatizations, picturizations, radio, television, and many other uses of the material. Composers of music have also been the victims of this unfortunate situation.

Even those countries with which we do have copyright relations, particularly the English speaking countries, impose the troublesome requirement that the works of our citizens must not have been first published outside of the country in which protection is sought. Therefore, if a United States author intends to publish his work first in the United States, as is the prevailing custom, he must see to it that it is published simultaneously (i. e., exactly on the same day) in the proclaimed country in which protection is sought.

This serious problem would be remedied by article II of the Universal Copyright Convention, which provides that mere publication of the work of a national of any contracting state, "shall enjoy in each other contracting state the same protection as that other state accords to works of its nationals first published in its own territory."

Foreign countries have evidenced a feeling of resentment toward us. They maintain that while they permit us to derive practically all the benefits of international copyright protection, without our being a member of the International Copyright Union, we impose upon their citizens compliance with our rigid formalities, in order to obtain protection in our country. We would definitely be in an unfortunate position, if the Berne Convention countries were to close the door completely or insist that we not only reprint in the Union country (rather than merely distribute publicly, as we now do) but that we also yield to such other onerous formalities which they may see fit to impose.

In fact, under the decisions of the Netherlands court, the burden of proving the actual printing of the United States work in the Netherlands is a prerequisite for our authors to obtain copyright in that country. Their courts have declared that a number of important works by American authors have no copyright protection in the Netherlands, since they were not actually printed in the Netherlands. Many attempts have failed to have the Netherlands recognize simultaneous public distribution in their country, as sufficient compliance, as England, Canada, and the other Union countries do. As the Netherlands is a signatory to the Universal Copyright Convention, this problem would undoubtedly no longer exist, by reason of the above quoted provision of article II of the convention. Although, at no time, have any of the foreign countries required a copyright notice to be placed on the works of their authors to obtain copyright in their own or other countries, out of deference to the United States, article III of the convention provides, if any contracting state under its domestic law requires, as a condition of copyright, compliance with certain formalities such as deposit, registration, notice and other therein enumerated, that such requirements shall be regarded as satisfied to secure protection under the convention, by having the work carry the symbol c in a circle accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of claim of copyright.

We, in turn, in S. 2559, seek to remove a few of the principal burdens presently imposed by our domestic copyright law on the works of foreign authors in the English language, as a prerequisite to their obtaining copyright by the elimination of the manufacturing provisions (sec. 16), and by omitting the provisions for obligatory deposits (sec. 14).

Another favorable provision of the Universal Copyright Convention, article XVIII, referred to by Secretary of State Dulles in the aforementioned report, is: "Moreover, the convention does not abrogate existing multilateral or bilateral conventions or arrangements; but contains provisions designed to harmonize the convention with such other conventions and arrangements."

The ratification of the convention will not only improve but strengthen our foreign relations:

The motive which prompted 40 nations to negotiate the convention was expressed by the report of Sir John Blake, rapporteur general of the Intergovernmental Copyright Conference held in Geneva in August and September 1952: "The conference sat in public and was attended by delegations from 45 nations and by observers from 9 intergovernmental organizations and 6 nongovernmental organizations. The conference was the logical development of the desire expressed by many nations for many years and on many different occasions for some international agreement on the rights of authors which would be acceptable to the member states of the Berne Union for the protection of literary and artistic works, and to the States of the Organization of American States, and if possible, also to those other States which were not members of either." The rapporteur expressed the earnest hope of ratification:

"It is our earnest desire that the new convention, whilst being complementary to the other great international conventions in the field of copyright, will be ratified in the future by all States and will gather strength as time goes on to serve the high purpose for which it is designed."

Senator Alexander Wiley, chairman of this committee in an address, the United States, the UN and World Peace, delivered before students and teachers of the United States and other countries of the world, in referring to the "importance of the bond that unites the good peoples of all lands," aptly stated:

"It is this bond which makes us want to learn from one another and to cooperate with one another for the common good. It is this bond of the heart which makes countries seek to live together in peace and work together to preserve peace. *** But above all, in this forum the nations of the world have a chance to strengthen those bonds of human brotherhood under God which must be strengthened, if mankind is to survive and to prosper."

What more effective link can we forge in maintaining and strengthening such a bond, than by securing the free and liberal exchange of the intellectual and cultural creations of our citizens with those of the other countries of the world?

The ever increasing technological advances and the great public interest which have spread over the nations of the globe, in the realm of literature, music, drama, motion pictures, radio, television, musical recordings and transcriptions, and intellectual properties generally, demand a closer and more harmonious relationship between nations.