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BEFORE THE

HEARING u. S. Congress. Senate. COMMITTEE ON FOREIGN RELATIONS.

UNITED STATES SENATE

SEVENTY-THIRD CONGRESS

SECOND SESSION

ON

S. 1928
A BILL TO ENABLE THE UNITED STATES TO ENTER

THE INTERNATIONAL COPYRIGHT UNION

MARCH 28, 1934

PART 1

Printed for the use of the Committee on Foreign Relations

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COMMITTEE ON FOREIGN RELATIONS

KEY PITTMAN, Nevada, Chairman JOSEPH T. ROBINSON, Arkansas

WILLIAM E. BORAH, Idaho PAT HARRISON, Mississippi

HIRAM W. JOHNSON, California WALTER F. GEORGE, Georgia

ARTHUR CAPPER, Kansas HUGO L. BLACK, Alabama

DAVID A. REED, Pennsylvania ROBERT F. WAGNER, New York

SIMEON D. FESS, Ohio TOM CONNALLY, Texas

ROBERT M. LA FOLLETTE, JR., Wisconsin J. HAMILTON LEWIS, Illinois

ARTHUR H. VANDENBERG, Michigan NATHAN L. BACHMAN, Tennessee

ARTHUR R. ROBINSON, Indiana
ELBERT D. THOMAS, Utah
FREDERICK VAN NUYS, Indiana
F. RYAN DUFFY, Wisconsin
JAMES P. POPE, Idaho
ROBERT J. BULKLEY, Ohio

HENRIK SHIPSTEAD, Minnesota

EDWARD J. TRENWITH, Clerk

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INTERNATIONAL COPYRIGHT UNION

WEDNESDAY, MARCH 28, 1934

UNITED STATES SENATE,
COMMITTEE ON FOREIGN RELATIONS,

Washington, D.C. The committee met, pursuant to call, at 10:30 a.m., in the committee room, Capitol, Hon. Key Pittman presiding.

Present: Senators Pittman (chairman), George, Bachman, Thomas of Utah, Van Nuys, Pope, Capper, Fess, and Robinson of Indiana.

Present also: Senator Bronson Cutting, Hon. Robert Underwood Johnson, Hon. Sol Bloom, Mr. Thorvald Solberg, Mr. Wallace McClure and Mr. M. J. Flynn.

The committee had under consideration S. 1928 which is here printed in full, as follows:

[S. 1928, 73d Cong., 1st sess.)

A BILL To enable the United States to enter the International Copyright Union Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That copyright throughout the United States and its dependencies shall subsist in the work of alien authors, not domiciled in the United States, by virtue of the adherence of the United States to the Convention of Berne for the Protection of Literary and Artistic Works of September 9, 1886, as revised at Rome on June 2, 1928.

SEC. 2. From and after the date upon which the adherence of the United States to the said convention of 1928 becomes effective, copyright protection shall be accorded without compliance with any conditions or formalities whatever for all works by such alien authors who are nationals of any country which is a member of the International Copyright Union; as well as for any work which may be or has been first published in a country which is a member of the said union: Provided, That as to copyright in works not previously copyrighted in the United States, no right or remedy given pursuant to this Act shall prejudice lawful acts done or rights in or in connection with copies lawfully made or the continuance of business undertakings or enterprises lawfully undertaken within the United States or any of its dependencies prior to the date on which the adherence of the United States to the said convention of 1928 goes into force; and the author or other owner of such copyright or person claiming under him shall not be entitled to bring action against any person who has prior to such date taken any action in connection with the exploitation, production, reproduction, circulation, or performance (in a manner which at the time was not unlawful) of any such work whereby he has incurred any substantial expenditure or liability.

SEC. 3. Copyright is hereby granted and secured by this Act to all authors entitled thereto from and after the creation of their work, whether published or unpublished, including works of architecture and choreographic works and pantomimes, and the duration and termination of such copyright shall be governed by the provisions of Sections 23 and 24 of the Act of March 4, 1909 (U.S.C., title 17): Provided, That the duration of copyright in the United States shall not in the case of the work of any alien author extend beyond the date upon which such work has fallen into the public domain in the country of its origin as defined in said convention of 1928.

SEC. 4. The rights granted in Section 1 of the said Act of 1909 (U.S.C., title 17) shall include the exclusive right of the author to communicate his work for profit

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