APPENDIX A. Additional examples of damage to Canada flowing from the present law. B. U.S. exports of books and periodicals, 1966 and 1965. C. U.S. printed exports by categories and destinations, January to September, 1966. F. Official comment on U.S. exports, July 1966. G. Official comment on U.S. exports, October 1966. H. Canadian printed imports, via customs only, 1956-65. I. Canadian printed imports, by categories, 1965. J. Canadian printed exports, by categories, 1965. K. Printing and bookbinding machinery and equipment, 1965. L. Comparative statistics, United States and Canadian printing and publishing industries, 1963. APPENDIX A. ADDITIONAL EXAMPLES OF DAMAGE TO CANADA FLOWING FROM THE PRESENT LAW (The following cases amplify the examples given in the chapter entitled, "The Effect of the Law upon Canada") (1) A leading American magazine has been interested in having part of its circulation requirements supplied by a Canadian printer for distribution in neighboring states of the Union. Discussions proceeded to the stage of specific pricing and exact delivery arrangements, when the magazine's legal advisers intervened to warn of the penalties under the United States Copyright Law. Worth many hundreds of thousands of dollars, this contract was cancelled. (2) An American customer engaged a Canadian printer to produce a book at a price of $10,000, and was considering the use of the same printer to produce a monthly magazine worth about $100,000 a year in terms of printing production. The customer was advised that he had lost his copyright in the book by reason of the manufacturing clause. Accordingly he was not prepared to enter into any contract with a Canadian printer for the production of his magazine for fear of violating the manufacturing provision. (3) A Canadian printing firm reports that it has been working on a project whereby certain customers on both sides of the border would achieve substantial savings on the same class of printed material by sharing certain expensive presses, which the Canadian printer is prepared to install. The American customers have indicated that they cannot go through with this arrangement, as the United States Copyright Law would frustrate their interest. As a result, the Canadian printer is abandoning a plan to buy specialized American printing presses at a cost in excess of $1,000,000. (4) A Canadian printer is manufacturing copies of American textbooks for Canadian use. His prices are competitive with those of American printers, and the American publisher has been sufficiently satisfied to wish the Canadian firm to print copies for the United States market and for export. The United States Copyright Law prevents the Canadian printer and the American customer from transacting any such business. (5) Because the regular printer of an American magazine could not cope with the work load in the time available, the magazine asked a Canadian printer (in 1959) to print a 48-page section for one of its regular issues. The cost would have been $30,000. When the magazine publisher was advised of the penalties under the United States Copyright Law, this mutually beneficial arrangement had to be abandoned. (6) In 1964 an American printer, presumably when his own plant was working to capacity, asked a Canadian printer to produce a pocket book for one of his publisher customers. The order amounted to $17,000, including the cost of paper. Upon learning of the application of the United States Copyright Law if he imported this pocket book from Canada, the publisher customer instructed the United States printer to cancel this attempt to co-operate. (7) In 1964 an Eastern Canadian book manufacturer printed and bound for a New York publisher a textbook for use in Canada. The publisher was sufficiently pleased by the printer's quality and price that he asked if the printer would do more work of this nature, for delivery to the United States. Subsequently he telephoned to say that problems arising from the United States Copyright Law would prevent him from making much more use of the Canadian printer. (8) A Canadian firm was successfully soliciting typesetting contracts from some American book manufacturers, and was supplying reproduction proofs. In one case, before the book went to press, the United States publisher decided to print by letterpress rather than offset, and insisted upon provision of typesetting in the form of plastic plates instead of reproduction proofs. Because the United States Copyright Law has tolerated reproduction proofs in practice, but not plates, the Canadian printer learned-to quote him-"that production of plastic plates in Canada for United States printing, if not barred when crossing the border, would be subject to extreme harassment." The customer instructed the printer to kill the type, and the latter states, "It is doubtful that this manufacturer will give us the opportunity of setting type on future jobs where the ultimate method of printing is not firmly established." (9) Publishers throughout the world have working agreements whereby the same titles may be issued in different countries under the imprints of different publishers. Clarke, Irwin & Co. of Toronto has such an agreement with an American publisher, and asked a Canadian printer to produce a supplementary run of one title for the American publisher with the latter's imprint. The printer writes: "We gave our price on an extended run but lost the job. Because of the copyright regulations, the reprint was produced in the U.S." The same printer adds, "There are many more instances which I could relate. The unfortunate part is that each incident automatically closes the door to further opportunity for doing this type of work. In other words, once the American customer has been hurt, he is not likely to return for further damage." It should also be observed that bad news travels fast. Book manufacturers, like other printers, frequently meet to exchange ideas, problems and experiences. Just as the United States Copyright Law intends, other Americans are deterred from buying in Canada and are induced to concentrate their buying at home. (10) The University of Toronto Press, the leading Canadian publisher and printer of scholarly works, wrote as follows under date of October 3, 1966: "Because we publish for an international constituency, viz., the academic and scholarly market, we frequently are called upon to produce books and symposia containing contributions by authors who are U.S. nationals. "Needless to add, it is the Canadian printer rather than the Canadian publisher whose interests are most immediately affected by the manufacturing provisions in the United States Copyright Law. He not only loses much book printing, but is in practice excluded from even tendering on a vast amount of book manufacturing of all kinds, while the 'Printed in U.S.A.' label provides him with competition on every side in his domestic market. "But I do not mean by this to say that the Canadian publisher's interests are not affected: all segments of the book industry in Canada, beginning with authorship, derive much of their momentum from the health of that industry.” APPENDIX B. U.S. EXPORTS OF BOOKS AND PERIODICALS, 1966 AND 1965 Source: Bureau of the Census, U.S. Department of Commerce. Prepared by BDSA, Printing and Publishing Industries Division. NOTE.-The numbers shown for each product classification are export statistical classification (schedule B) codes. APPENDIX C. U.S. PRINTED EXPORTS, BY CATEGORIES AND DESTINATIONS, STATISTICAL SERIES TABLE S-1.-U.S. exports of books, periodicals, other printed matter, looseleaf binders, and printing plates, January-September 1966 [Schedule B Nos. 6423010-6423030, 7182230, 8921300-8929400, 8929820-8929850, 8942410] 21, 123, 213 +18.9 Technical, scientific, and professional books, except school textbooks (8921420) NOTE.-Data do not include individual shipments valued under $100; n.e.c.-Not elsewhere classified Source: Bureau of the Census, U.S. Department of Commerce. TABLE S-2.-U.S. exports of books, periodicals, other printed matter, loose-leaf binders, and printing plates, by principal markets, January-September 1966 (Schedule B Nos. 6423010-6423030, 7182230, 8921300-8929400, 8929820-8929850, 8942410) NOTE.-Data do not include individual shipments valued under $100. APPENDIX D. DESTINATIONS OF U.S. PRINTED EXPORTS, BY PRINCIPAL 1 We estimate that at least $200,000,000 additional was shipped to Canada, which could not be recorded statistically. Thus, in reality, Canada might absorb 70 percent or more of total United States printed exports-and, almost certainly, a great deal more than the 45.1 percent indicated by statistics only. Source: Bureau of the Census, U.S. Department of Commerce. |