expenditure or liability, unless such foreign author agrees to pay him such compensation as, failing agreement, may be determined by arbitration. SEC. 71. In the case of works by such foreign authors made or first published after the date of the said proclamation the copyright protection in the United States shall begin upon such date of making or first publication; and in the case of all their works, not previously copyrighted in the United States, in which copyright is subsisting in any country of the Copyright Union at the date of the said proclamation, the copyright protection in the United States shall begin upon such date; but the duration and termination of the copyright protection in the United States for all works shall be governed by the provisions of this act: Provided, however, That the duration of copyright in the United States shall not in the case of any foreign work extend beyond the date at which such work has fallen into the public domain in the country of origin. SEC. 72. The enjoyment and the exercise by such foreign authors of the rights and remedies accorded by the provisions of this act shall not be subject to the performance of any formalities: Provided, however, That notwithstanding anything in this act a citizen or subject of any country within the International Copyright Union, who is the owner of a copyright for any work in one of the countries of the said union may, if he so desires, register his claim of copyright in such work for the United States by depositing a copy of the work in the copyright office at Washington together with the prescribed application for regis tration. SEC. 73. The act entitled "An act to amend the law relating to patents, trademarks, and copyrights," approved June 18, 1874, is hereby repealed, as well as all other laws or parts of laws in conflict with the provisions of this act, but nothing in this act shall affect causes for infringement of copyright heretofore committed, now pending in the courts of the United States or which may hereafter be instituted; but such causes shall be prosecuted to a conclusion in the manner heretofore provided by law. SEC. 74. This act shall go into effect on the 1st day of July, 1925. STATEMENT OF HON. RANDOLPH PERKINS, MEMBER IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. PERKINS. House bill 11258 represents, as I understand it, the authors' idea of a copyright bill. I am informed by some who are opposed to this bill, or to some parts of it, that a large part of it is not controversial. Practically everybody agrees that there ougnt to be an amendment to the copyright act. This being the case, it would be the purpose of the committee to hear those who favor this bill as a whole, to hear the critics of the bill, and then endeavor to reach agreement on a measure meting out as near justice as possible, and to see that a bill is reported to Congress, and that we have put on the statute books of the United States some measure that will be workable and that will give justice to the authors and others who are interested in the copyright law. Since there are so many present, some of whom have to leave early, I am not going to make an address. We will first call Mr. Solberg, who is the author of this bill, and ask him to make a statement. His statement will probably require 30 minutes, and for the sake of continuity, so that he may not be thrown off the track, I am going to request, in his behalf, that he be permitted to proceed to the end of his statement. Later he will probably be open to questions. After Mr. Solberg has spoken, Major Putnam, who has some criticism of the bill to make, will be heard. He has to go to Princeton to make an address. Then I believe we will call Mr. Augustus Thomas. After that the order of the witnesses will be arranged so that those who are in favor first will have an opportunity to speak, and then those who are opposed will speak. The CHAIRMAN. If there is no objection Mr. REID. Yes; I do object. Of course this is not a continuation of the aircraft hearing, and I do not think Mr. Perkins ought to tell us how we are going to run this committee from now on; and I certainly want to ask Mr. Solberg some questions as he goes along, and if he is going to talk for a half hour and then come back, I think we ought first to hear the proponents and then some who are opposed. Mr. PERKINS. That was the idea. Mr. REID. That was not the idea as you stated it here, though it may have been the idea at the dinner to let our people wait for those who are opposed to the measure. I did not get an invitation to the dinner last night, so I am not in as good humor as you are. So I object to it. Mr. PERKINS. I will state this, that those who proposed the bill have requested me to suggest the order that I have. I will be perfectly glad to change the plan if it suits Congressman Reid. Mr. REID. You are putting your people on and leaving our people off. I am acting under no orders, but anything I am doing is for the good of the country. The CHAIRMAN. We will hear from Mr. Solberg first. STATEMENT OF MR. THORVALD SOLBERG, REGISTER OF COPYRIGHTS Mr. SOLBERG. Mr. Chairman, I will first deal with the least important matter in relation to the bill, by suggesting certain typographical corrections, in case a reprint is called for. A new form of printing bills seems to have been adopted, which eliminates the repetition of the word "that" at the beginning of each section. In this bill there are 74 sections, and so the saving is noticeable. But merely striking out "that" as the beginning word is rather a crude way of accomplishing desired economy. The method followed of merely striking "that" out may lead to embarrassment, as is shown here by reference to section 68. I will therefore venture to suggest that this desirable change in the typography of the bill can be properly secured by also eliminating the "that" which begins the first section of the bill and substituting for it, immediately following the enacting clause, the words "as follows," leaving the clause to read: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, as follows: If that is done no embarrassment will arise from the use of "that", occasionally when the language needs it. There are a few other typographical errors which I have noted on this sheet, and if I may just pass it to the reporter for insertion they can be marked on the bill. Mr. REID. Are those comments on the bill? Mr. SOLBERG. They are simply corrections of typographical errors, like printing "registration" for registrations," etc., and where certain "that's" were not taken out as they should have been. (The memorandum submitted by Mr. Solberg is as follows:).. Page 7, line 4, the first word should be spelled with a capital M-Motion pictures; page 14, line 13, "cyclopedic" should be spelled with "e" not "e" to agree with spelling elsewhere. Page 31, line 7, the word "registration" should be "registrations." The word "That" should be eliminated at the beginning of section 50, page 28, line 23; section 57, page 32, line 16; section 58, page 33, line 1; section 74, page 40, line 14; and "That" should be inserted at the beginning of section. 68. page 37, line 17. One of the weightiest proposals of this bill is to effect the entry of the United States into the International Copyright Union, and I will therefore refer to that matter first. The beginnings of copyright legislation in the United States date back to January, 1783, when the State of Connecticut passed the first copyright act. It was followed by similar enactments by all of the original States, except one (Delaware) up to 1786, and led up to the first Federal statute of 1790. During the next 100 years there were 18 amendatory copyright acts of one sort or another, including two acts of general revision and consolidation. In 1891 came the first great step forward in copyright advancement in the United States the extension of copyright protection to the works of foreign authors secured by the enactment of the so-called international copyright law, the "Chace Act" of March 3 of that year. Then followed a number of amendatory acts culminating in the general revision and consolidation by the act of March 4, 1909, our present copyright law, already amended by four subsequent enactments up to date. Under the authority of the provisions of the acts of March 3, 1891, and March 4, 1909, reciprocal copyright relations have been established between the United States and 34 foreign countries. No question has been raised as to the great practical advantages secured to American authors by reason of these reciprocal relations. The authors of these 34 foreign countries are given access to the rights and privileges of our copyright laws upon proper compliance with their requirements and, reciprocally, American authors upon proper care to do what is required by the laws of each of these 34 countries may secure the protection they accord. But it is not a perfect and up-to-date exchange. American authors are not automatically protected in foreign. countries. The protection must be secured by exact compliance with foreign requirements, and there is abundant evidence that valuable literary property rights have been jeopardized or lost by reason of failure in this regard. On the other hand, foreign authors fail to secure the protection intended to be accorded them by similar failure to comply with some technical requirement of our laws. In Europe copyright has advanced beyond this rather primitive situation. Copyright protection is absolute and automatic in behalf of every author of every country within the International Copyright Union in all the countries of the union, and is independent of compliance with any conditions or formalities which may be required by the domestic legislation of any country concerned. This has been brought about by the adhesion of each country to the international convention upon which the Copyright Union was founded which was put into effect in 1887. Now, 37 years later, the time has arrived when there is a general consensus of opinion that we should join this union and secure for our authors the benefit of automatic and absolute copyright protection in the 28 countries now within the union. This is the second great advance in copyright which the United States may attempt. With a view to accomplish this important forward movement no less than six different bills are already in the hands of your committee, viz: Sixty-seventh Congress, H. R. 11476, 13676, and 14035; Sixtyeighth Congress, H. R. 573, 2663, and 2704. All these bills were drafted with the single end-to secure this one essential advanceentry into the Copyright Union-with a minimum amendment of existing law. No conclusive action by your committee has been secured on any of these bills. Meantime the desirability has been urged and the need generally admitted for specific amendment of the existing copyright law in several important particulars and a bill was submittedthe Dallinger bill, H. R. 9137-proposing a general amendment of the copyright laws including a proposal for the entry of the United States into the International Copyright Union. While preliminary public hearings-in April and May last-enabled the proponents of that bill to put on record a statement and explanation of its provisions no conclusion was reached and no bill was reported by your committee. Meantime, at the request of the Authors' League of America, the bill H. R. 11258 has been drafted, and was presented by Mr. Perkins on January 5 and referred to your committee. The primary and fundamental purpose of this last bill also is to secure the entrance of the United States into the International Copyright Union by authorizing the President to effect and proclaim the adhesion of the United States to the convention creating the union. To make these proposals effective and secure entry by the United States into the Copyright Union the bill proposes such amendments of the existing copyright laws as will permit adherence to the articles of convention upon which the union is founded. It is a fundamental article of convention that copyright protection shall not be conditioned upon compliance with any formalities. The most serious bar to entry by the United States into the union is the requirement of American manufacture for books, lithographs, and photoengravings contained in our copyright act of March 3, 1891, and reenacted on March 4, 1909. This requirement is therefore eliminated by the bill, as well as the required affidavit that the manufacture in the United States has taken place. The bill further provides that foreign authors shall have within the United States "the same rights and remedies in regard to their works which citizens of the United States possess under this act and for the period of copyright portection prescribed by this act"; but it safeguards American citizens who may have used the works of foreign authors prior to the date of entry into the Copyright Union by a proviso to the effect— That no right or remedy given pursuant to this act shall prejudice lawful acts done or rights in copies lawfully made or the continuance of enterprises lawfully undertaken within the United States prior to the date of said proclamation, and such foreign author shall not be entitled to restrain any person who has, prior to such date, taken any action in connection with the reproduction or performance (in a manner which at the time was not unlawful) of any work by such foreign author whereby he has incurred any substantial expenditure or liability, unless such foreign author agrees to pay him such compensation as, failing agreement, may be determined by arbitration. 30335-251- -2 The term of copyright protection provided by the international copyright convention of 1908 is the life of the author and 50 years after his death, and this convention term is proposed in the bill in lieu of the present period of copyright protection, a first term of 28 years with renewal of the copyright for a second term of like length or 56 years in all. In extending this term of protection in the United States to the works of foreign authors it is expressly provided "that the duration and termination of the copyright protection in the United States for all works shall be governed by the provisions of this act," and- That the duration of copyright in the United States shall not in the case of any foreign work extend beyond the date at which such work has fallen into the public domain in the country of origin. In the case of posthumous works, works produced by an employee for hire, periodicals, composite or cyclopaedic works, and motion pictures, phonographic records, and such subsidiary works as compilations, abridgments, adaptations, and arrangements of music, the term of protection proposed is 50 years from date of publication. The articles of convention require also that protection shall be accorded to works of architecture, and to choreographic works and pantomimes and these works have been added to the list of works protected by our present laws, and there have been added also phonographic records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced," and "scenarios for motion pictures." In the case of such other formalities as are now required under our copyright laws, namely, deposit of copies, registration of claim of copyright, and the insertion of notice of copyright, these requirements are no longer made compulsory but optional, and foreign authors are expressly released from compliance, with the proviso, however— That notwithstanding anything in this act a citizen or subject of any country within the International Copyright Union, who is the owner of a copyright for any work in one of the countries of said union, may, if he so desires, register his claim of copyright in such work for the United States by depositing a copy of the work in the Copyright Office at Washington, together with the prescribed application for registration. In the case of published works, while the deposit of copies in the Library of Congress is required as now, "not as a condition for securing copyright but for the use of the Library of Congress," a proviso specifically provides: That the deposit of copies required by this act shall not be obligatory in case of any work whose author is a citizen or subject of a foreign country which is a member of the International Copyright Union or any work which is protected by copyright in the United States under this act by reason of first publication in any country which is a member of said union, unless and until such work, if it be a book, shall have been republished in the United States under an assignment of the copyright for the United States, or under a license to print and sell such book in the United States. The insertion of the notice of copyright under our present law is a condition precedent to obtaining copyright for the published work which must be given to the public with the prescribed notice attached. The bill provides: That no notice of copyright shall be required on any work subject to copyright under this act and the omission of such notice from any work shall not be taken as evidence that no copyright is claimed therein. |