In the motion-picture industry alone, the financial proceeds from foreign countries, resulting from the distribution and exhibition of American motion pictures has reached substantial proportions. In fact, I have been reliably informed it represents about 38 percent of the total revenue from all sources (i. e., foreign plus domestic), about $175 million a year. From purely selfish motives, we should, therefore, join in this cultural and intellectual treaty, so that, with the minimum of formalities the works of our citizens may be protected abroad. The ratification by the United States of the convention will mark a great step in bringing to a realization our long cherished hope of contributing to the establishment and maintenance of peace and goodwill between the United States and the free countries of the world. It will effectuate improved international relations between our country and the other 49 contracting states, and those which may later become signatories. Mr. TANNENBAUM. I should also like to state that Mr. Joseph A. McDonald, chairman of the committee on copyright of the Association of the Bar of the City of New York, has requested leave to submit the statement which I tendered. Senator HICKENLOOPER. Both statements will be incorporated in the record. (The statement submitted on behalf of Mr. McDonald follows:) STATEMENT OF JOSEPH A. McDONALD, CHAIRMAN, COMMITTEE ON COPYRIGHT OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK The committee on copyright of the Association of the Bar of the City of New York, at a meeting of the committee held on January 4, 1954, adopted the following resolution: "Resolved: That the committee on copyright of the Association of the Bar of the City of New York approves H. R. 6616, H. R. 6670, and S. 2559." The vote on the foregoing resolution was taken after consideration of the report of a subcommittee on legislation dated January 4, 1954. The portion of the subcommittee's report dealing with these bills reads as follows: "All three of these bills are identical and will be discussed as one. "They would amend the Copyright Act in those respects which are necessary to enable the United States to ratify the Universal Copyright Convention signed at Geneva on September 6, 1952. Each act would take effect only upon the coming into force of the Universal Copyright Convention. The Universal Copyright Convention requires the ratification of 12 signatory nations. "In connection with ratification by our Senate, certain modifications of our domestic copyright law are necessary. Specifically the 3 bills mentioned above would amend section 9 relating to aliens who may secure copyright in the United States; section 16 relating to the manufacturing clause, and section 19 relating to the form of copyright notice to eliminate for nationals of the convention countries the provisions of our law which are inconsistent with the convention. "The following changes are proposed in our Copyright Act: "1. Copyright will extend to work of an alien author when the Universal Copyright Convention has come into force between the United States and the country of which such author is a citizen or subject or in which the work was first published. As to such works, there will be an exemption from the following requirements of the present act: "(a) A separate proclamation relating to mechanical reproduction right specified in section 1 (e). "(b) Deposit of best edition of work as specified in the first sentence of section 13 (Deposit in still required, however, for purposes of maintaining an action for copyright infringement). "(c) Printing and binding of books or periodicals in the United States as specified in section 16. "2. The form of notice appropriate in case of nationals of Universal Copyright Convention countries is to be: symbol (c) 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. "The above modifications of our domestic law will not apply to citizens of the United States or to those domiciled in this country. However, these bills propose a change in section 19 relating to the form of notice applicable to United States citizens and nationals of Universal Copyright Convention countries alike, namely the symbol (c) will be acceptable for all types of works whereas in the present act it may be used only on maps, works of arts, drawings, photographs, and prints. "The enabling legislation embodied in H. R. 6616, H. R. 6670, and S. 2559 has received the endorsement of the copyright office. "Our committee endorsed the Universal Copyright Convention last year. Inasmuch as H. R. 6616, H. R. 6670, and S. 2559 are enabling bills to make the Universal Copyright Convention effective, these bills should have our support. "Your subcommittee recommends the adoption by the committee of the following resolution approving the foregoing enabling legislation for the adherence of the United States to the Universal Copyright Convention: "Resolved, That the committee on copyright of the Association of the Bar of the City of New York approves H. R. 6616, H. R. 6670, and S. 2559." The members of the subcommittee on legislation were: Herman Finkelstein, chairman, John H. Cleary, Edward E. Colton, Max Lerner, David M. Solinger. The members of the committee on copyright are Joseph A. McDonald, chairman, Harry Buchman, John H. Cleary, Edward E. Colton, Ambrose L. Cram, Jr., Richard B. Davis, Morris Ebenstein, Herman Finkelstein, Sydney M. Kaye, Felix H. Kent, Max K. Lerner, Charles S. Rosenschein, Sidney Schreiber, Charles B. Seton, David M. Solinger, Samuel Spring, Alfred H. Wasserstrom, Richard Wincor, Leonard Zissu. At its meeting of May 18, 1953, the committee on copyright of the Association of the Bar of the City of New York adopted the following resolution: "Resolved, That the committee on copyright of the Association of the Bar of the City of New York endorses the Universal Copyright Convention (Geneva, 1952), and is in favor of its ratification." As of May 18, 1953, the members of the committee on copyright were Joseph A. McDonald, chairman, Harry Buchman, Henry Cohen, Edward E. Colton, Ambrose L. Cram, Jr., Morris Ebenstein, George A. Elber, Herman Finkelstein, Harry G. Henn, Harold R. Medina, Jr., Milton M. Rosenbloom, Charles S. Rosenschein, Sidney Schreiber, Charles B. Seton, David M. Solinger, Samuel W. Tannenbaum, Alfred H. Wasserstrom, Michael J. Watman, Leonard Zissu. Mr. TANNENBAUM. And also that of the Federal Bar Association of New York, New Jersey, and Connecticut. Senator HICKENLOOPER. They will be included if you present them to the reporter. (The statement submitted on behalf of the Federal Bar Association of New York, New Jersey, and Connecticut follows:) FEDERAL BAR ASSOCIATION OF The copyright committee of the Federal Bar Association of New York, New Jersey, and Connecticut has considered the subject matter of S. 2559, introduced by Senator Langer on August 5, 1953. The committee approves S. 2559, and recommends both the ratification of the Universal Copyright Convention by the United States, and the enactment of S. 2559. Senator HICKENLOOPER. May I ask, Mr. Tannenbaum, if you are in general agreement with the statements that have been made here this morning, the arguments for the convention and for the legislation? Mr. TANNENBAUM. Absolutely and unqualifiedly. Senator HICKENLOOPER. You have no opposition statement to make to any of the provisions? Mr. TANNENBAUM. None whatsoever. Senator HICKENLOOPER. Do you have any other statements you would like to make? Mr. TANNENBAUM. I would like to refer briefly to the fact that as far back as 1880 our prominent authors have endeavored to secure 46564-54-5 what we are now trying to secure approval of. In other words, as far back as 1880 such prominent authors as Ralph Waldo Emerson, William Wadsworth Longfellow, Mark Twain, William Dean Howells, Oliver Wendell Holmes, John Greenleaf Whittier, Thomas Bailey Aldrich, petitioned in writing-in fact, the original is in the Archives-petitioned the then Secretary of State, William W. Evarts, to send to our United States Minister, James Russell Lowell, in England, a petition to acquire international relations with England, and then as a step forward, with other countries. Finally in 1891 that was accomplished with respect to England and France, and later with Germany and other countries. We have got to a point where an unusual development in our cultural relations in all countries has resulted, and even recently, Senator Wiley in a public address to the students and teachers of foreign countries expressed very cogently-and his address was printed in extenso in our New York papers-the theory of our great need and the great importance for improving our relations by means of our intellectual exchange of culture, literature, art, and so forth. PRESENT UNSATISFACTORY COPYRIGHT RELATIONS I might address myself first to one practical feature that I might say I encounter almost daily in my representation of some of the principal motion-picture companies, radio and television broadcasters, and advertising agencies who deal almost exclusively in the amusement field. Our present method under the Berne Convention, which has been discussed extensively, is unusually burdensome and quite catastrophic to our American creator and users of copyright material. If publication isn't made actually on the same day in the foreign countries, they are completely lost. Not only is the copyright lost in the basic work, but also in all of the rights under the basic work; namely, translation, dramatization, picturization, radio, and television and other uses. That is a very serious matter. I have been reliably informed, too, that our income from foreign pictures; that is, the exhibition of our American pictures in foreign countries, represents around 38 percent of our total business, and in round numbers, an excess of about $175 million a year. It is certainly important and necessary that the creation of our intellectual endeavors and the fruits of our labors be protected and we should protect it in the manner set up by our present proposed Universal Copyright Convention, which is the simplest and the most direct way. EXAMPLES OF PIRACY I might briefly say that an illustration of the results to some of our important American works is the Netherlands. The Netherlands, is a member of the Berne Convention and ordinarily we would think by compliance with the provisions in the Berne Convention, by publication in one of the convention countries, the Netherlands would respect it. As a matter of fact, they completely show a disregard to our works and in the case of a very valuable work, for example, Sax Rohmer's story, The Daughter of Fu-Manchu, that was published in Collier's magazine, was put on sale simultaneously in Canada by distributors and yet the Dutch translated it and failed to pay a single cent of royalty for it. Another illustration, Daddy Long Legs, a very popular work was simultaneously put on sale in England and the United States and the Dutch movie was made of it without a single payment to our creators and producers here. If that were multiplied by all the other countries Senator HICKENLOOPER. Could that Dutch film be imported and shown in the United States without the payment of a royalty? Mr. TANNENBAUM. If it has been? Senator HICKENLOOPER. Could it be? You said a movie was made of this in Holland without payment of royalty. That movie, that was made in Holland, could it be, in turn, imported into the United States? Mr. TANNENBAUM. We have copyright relations with Holland and we would be obligated to do it. Senator HICKENLOOPER. That is not my point. They can make the movie in Holland. Mr. TANNENBAUM. You mean the Hollanders? Senator HICKENLOOPER. The Hollanders made the movie in Holland and they showed it to the Hollanders. They made no payments of royalty on it. Can they import or export from Holland that picture, and show it in the United States without the payment of royalty? Mr. TANNENBAUM. There is a specific prohibition; that would be in the nature of a pirated work and we could stop it from being exhibited here. Senator HICKENLOOPER. Do we have a legal right? Mr. TANNENBAUM. That is in the statute, in our copyright law. I do not think there is anything further I may refer to because it might be repetitious. To answer your first question, Senator Hickenlooper, and members of the committee, we are all heartily in favor of it, not only our local bar associations but all the industries, generally. Senator HICKENLOOPER. Thank you. Do you have any questions, Senator Wiley? RELAXATION OF MANUFACTURING CLAUSE Senator WILEY. Yes. I would like to ask a couple of questions. Again, I am back to that portion of S. 2559, known as section 16. Under title 22, United States Code, dealing with ad interim protection for works published outside the United States, there are excluded from the manufacturing clause up to 1,500 copies of books or periodicals of foreign origin in the English language imported within 5 years after first publication in the country. The bill on page 6, lines 12 to 13, would replace the underscored phrase by the words "first published abroad in the English language." If this changed situation is brought about, American authors will also now benefit from the advantage of ad interim protection. Isn't this relaxation in the manufacturing clause in excess of what is required to implement the convention? Mr. TANNENBAUM. Well, it would be. As a matter of fact, I understand that there is hardly an opportunity availed of in connection with the 1,500. I think this is an extremely small proportion of that amount being imported. Senator WILEY. The point was that this bill, S. 2559, is an implementation of the convention necessary in order to see that the convention goes into effect. My point is: Is there something in here in this law that extends Mr. TANNENBAUM. Beyond the 1,500? Senator WILEY. Yes. Mr. TANNENBAUM. Yes, Mr Senator. As a matter of fact, that is one feature that we felt we were at least successful in getting a modification of the manufacturing clause. That was a small beginning. EFFECT OF CONVENTION ON MOTION PICTURE FILMS AND SOUND TRACKS Senator WILEY. To what extent will the convention provide protection for American motion picture film and the sound tracks which accompany the prints? Mr. TANNENBAUM. As a matter of fact, the Universal Copyright Convention protects not only published works, but unpublished works. In this country we have a divergence of decisions as to whether the exhibition of a motion picture constitutes a publication or is merely a performance. If it is deemed to be a published work at any time, we claim that it has protection under the convention. If it is deemed to be an unpublished work, we claim that it also has protection. Furthermore, if it be deemed that the exhibition of this sound or use of this sound track is an unpublished work and merely a performance, then it has the absolute protection to that extent, and the basic work that is used in the making of the film and the sound track has an independent protection as a piece of literary or dramatic property. Senator WILEY. One other question. Do I understand that those people that you represent here have given consideration to S. 2559 and are in favor thereof? Mr. TANNENBAUM. Senator Wiley, I do not want to make it appear that I represent the industries as such. I am under retainer with the principal motion picture companies-Twentieth Century Fox, RKO, Universal, Paramount, Warner Brothers, and so forth. Their daily copyright problems are presented to me for solution and I render written opinions on the availability of the use and the status of copyright, but I do not represent them in their attitude as far as the international relations are concerned or this legislation. Senator WILEY. Is it your opinion that if the Convention becomes the law of the land and the implementing legislation is passed, there will not be resulting damage to the people who are objecting here? Mr. TANNENBAUM. It is my opinion that there will not be, and in fact, affirmatively, a great benefit. Senator WILEY. Thank you. Senator HICKENLOOPER. Thank you very much, Mr. Tannenbaum. The committee will recess until 2 o'clock this afternoon, in this room. (Whereupon, at 12:30 p. m., a recess was taken until 2 p. m. of the same day.) AFTERNOON SESSION Senator HICKENLOOPER. The committee will please come to order. The first witness this afternoon will be Mr. O. R. Strackbein, legislative representative of the International Printing Trades Association, Washington, D. C. |