Again, in this same desire, the labor representatives came to Washington and stated that while there has been in every tariff measure since McKinley a provision that imported articles should bear upon them the mark of foreign origin, it is being violated in the case of books by placing a dummy sheet in the front, or by being stamped in one corner and then cut off. I came to Washington to help put that through. I went to Atlantic City for a conference with the labor representatives, and I have shown in ways that did not particularly affect us friendliness for the labor cause. They have not, in anything so far as we are concerned, fought us in the matter of importation. I think you may have gathered as much from the remarks Mr. Woll made this morning. I am not only friendly with them but I am friendly with the publishers. Some may think I am not a lot of them in New York do not love me at all-and I want to say that the most important organ published in any language in this connection, is the Publishers' Weekly, of which the active managing editor is present here to-day, and that the proprietor of that organ, like the editor of the Library Journal, is without question the best-posted friend of American libraries, outside of those who actually conduct them, to be found on American soil. We are all profoundly grateful to him. We did have a quarrel with him in a fashion-that is in this matter of importation. The publishers have, ever since 1891, up to the present day, been endeavoring to put a difficulty in the way of American libraries importing books of foreign origin in the English language, of British origin. Let us get the American history of the matter.

The CHAIRMAN. Will you permit an interruption?

Mr. RANEY. Yes, sir.

The CHAIRMAN. I was wondering whether we could fix the time of adjournment and of the meeting this evening; how much more time will you require?

Mr. RANEY. I am sure I can finish by 5 o'clock.

The CHAIRMAN. We have one other witness.

Mr. RANEY. Let me say that neither the Berne convention, nor the Pan American convention-they are almost identical in their terms, to the letter of which we have subscribed-mentions the word "importation." We can do what we will on the question of importation, and it will not, in the remotest fashion, affect our admission to or exclusion from the league; it is a domestic question. I can confine myself to what has been the history of it here, and briefly cite the practice elsewhere. It does not affect our admissibility to the union.

From 1790, the date of the first copyright act, to that of 1891 it is quite generally understood that nobody could have a copyright who did not reside in America. That meant, of course, on the importation side, that anybody, whether an institution, dealer, or publisher, could import at pleasure anything from abroad except the foreign reprint of American authors' works, for that would be piratical. The whole purpose of the prohibition, therefore, concerned the invasion of the American market by reprints of American originals.

In 1891 we decided that foreign authors could copyright in the United States without the necessity of establishing a residence here, but providing that they sent their manuscripts here to be manufactured. Now, there is the possibility—I want to say the probability—

the probability that if the antiimportation clause of the old law had remained entirely unchanged that American reprinters of British works would have claimed the right to exclude the British originals from acquisition by American citizens, except by consent, which might be an absolute prohibition. Public attention was called to this fact in the Senate by Senator John Sherman on the one side and by Senator Carlisle upon the other, that the effect of leaving unchanged the importation section might be to prevent American citizens from the possession of British originals. So the letter was changed in that particular, so that American educational institutions and American individuals could bring in two copies for use but not for sale. Why only that number? Because if we were going to reward American manufacturers we ought not therefore to allow dealers and publishers to bring in quantities for distribution on this side. The publisher cited that as a hardship, but Congress could not have done anything else. Suppose the American publisher should only send down here one or two shoddy reprints and then stock up from abroad, and it is absolutely necessary, if we mean what is said, to require the manufacturer to see to it that the public should have the right to import.

The public was cut down, then, to the importation of two copies, where as the number preceding that was enlarged. The same thing was done in 1909, except its application to works other than English was withdrawn. Therefore it is quite true that the limitations on the privilege of importation have been tied up throughout our history with this requirement of the American manufacturer; to get into the union, we have to withdraw that requirement or the limitation on importation should disappear at the same time.

Let me say, in conclusion, what this means to us practically. The corresponding provision in the English law is as follows: "Copyright in a work shall also be admitted to be infringed by any person who imports for sale or hire, into any part of His Majesty's dominions to which this act extends, any work which to his knowledge infringes copyright or would infringe copyright if it had been made within the part of His Majesty's dominions in or into which the sale or hiring, exposure, offering for sale or hire, distribution, or exhibition or importation took place.

The prohibition is against the importation for sale or hire of an infringing work. It has not been brought to judicial decision; just what the rights are of importation under that, we are not sure, but importation for use is certainly clearly allowed by the text of that, because they specifically refer to "for sale or hire." To make sure that that is the intent of the law given there we might look back at the law which it replaced, and which came to judicial decision in 1896, where the question of sale alone was up. The four judges participating in the decision all agreed that the law had nothing in it. against importation for use. The Canadian copyright act, which is almost an exact copy of the English law, has, in order to make sure that there should be no doubt upon that question, included this provision, after quoting the one just read, "Notwithstanding anything in this act, it shall be lawful for any person to import for his own use not more than two copies of any work published in any country adhering to the convention."

I have here some information or a letter on this subject, which I shall try to find.

The CHAIRMAN. If you can not find it, you can put it in the recor later on.

English and American book prices compared-books by W. A. Hudson, the naturalist

DEAR SIRS: Please be good enough to advise me whether your publication of the "Collection of British and American authors" prevents the importation into

Germany of the original English and American editions of those authors either by yourself or by other German importers. The answer to this question will be of service in some contemplated copyright legislation in the American Congress. As prompt a reply, therefore, as you find it possible to give, will be appreciated.

Yours very truly,

M. L. RANEY, Librarian.

LEIPZIG, April 19, 1922.

DEAR SIR: In reply to your letter of April 4, I beg to inform you that the publication of a work in my Collection of British and American authors" does not prevent the importation into Germany of the original American editions. I only acquire the exclusive right of publishing the book on the European Continent. Yours very truly,

VERLAG VON B. TAUCHNITZ,

BERNHARD TAUCHNITZ.
HEMPEL.

THE JOHNS HOPKINS UNIVERSITY LIBRARY,
Baltimore, Md., May 5, 1922.

Leipzig, Germany.

DEAR SIRS: Let me thank you for your card of April 19 so promptly responding to my inquiry of April 4. I am not perfectly sure, however, that you have given complete answer to my question. I asked whether, when you publish of a British or American author, the importation of the original either by yourself or by other German importers is allowable. To make sure that I have your meaning, let me ask two questions: (1) In such instance must your consent be had to the importation of the original edition? (2) Must such importation of the original be made through your establishment?

Let me go further and propound another question: Suppose you purchase the German right to an American book; that is, arrange to be the sole agent in Germany, without reprinting. Would German copyright law allow (1) an institution or public library, or (2) an individual, to import directly from America for use and not for sale a copy of the American book without seeking your consent or making the order through your agency? Note, please, that I say for use, not for sale. Awaiting your esteemed answer to these questions, I beg to remain,

Yours very truly,

M. L. RANEY, Librarian.

LEIPZIG, June 28, 1922.

DEAR SIR: I have still to answer your letter of May 5. The importation of originals of American and English books which are also included in the Tauchnitz edition is allowable. I need not consent to their importation, nor must such importation be made through my establishment.

As to the other question you are asking, I may say that there would be as far as I know no hindrance to import an American original edition for use, not for sale. Yours very truly,

BERNHARD TAUCHNIT?. Per PAUL HEMPEL.

Mr. RANEY. I wrote to the publisher of the Tauchnitz editionsyou remember, they are cheap reprints in Germany of British publications; certain Americans enter into a contract which calls for their not going back to the place of origin, England and America, respectively, and instances are cited, and they are probably true, of customs officials, under those contracts, coming aboard the vessels crossing the English Channel and finding a person reading one of the reprints, he is asked how far he has read, and the custom officer, upon being informed, takes the book, tears out the read portion, and throws it overboard.

I asked for the nature of the contract and how it was affected by German copyright law, and I asked if there was anything in the German copyright law that prevented the coming into Germany of

the British original which he was reprinting and, second, was it necessary for that importation from England to Germany of the British original to be through his hands, or by his consent, and the answer was he had no power whatsoever to prevent the free circulation of the British original in Germany, nor did it have to be made through his hands or by his consent; that is a common occurrence in Europe.

I challenge any opponent of the public's position on this question to cite one single incident in any copyright law of the world that will serve to say that it is unlawful to import, by copyright enactment, into a country where a work is reprinted, the original edition for use.

The CHAIRMAN. Does any member of the committee wish to ask any questions?

Mr. RANEY. It is of some practical importance to us. I thought I would like to look into the catalogue of the present year of the National Association of Book Publishers for specific instances of difference in price of the original edition in England and the American reprints. I won't read the whole thing; I took the work of the naturalist, William Henry Hudson, who recently died, and I have cited 25 titles, with the English price and the freight, at the present rate of exchange, and the price of the American reprint alongside on one side of the order. This man's works have been reprinted in 24 volumes, at a list price of 504 shillings, or, converted into our money, $120. The corresponding price of the reprinted works in New York, this particular author's works, is $192. The $120 edition will come to American libraries free of duty, with cost of transportation which, in our experience, amounts to about 6 per cent; it is less than $130, no discount being allowed. The $192 layout, on American soil, would have a discount in this character of work which would not be more than 15 per cent. In the case of an individual, if an individual wanted that Englishmen's work, he would pay the $120 and about 16 per cent more, because the duty is about 15 per cent upon the wholedale price, which, in customs practice, is assessed at two-thirds of the list price; it amounts, therefore, to 10 per cent of the list price and 6 per cent for transportation. He would get no discount from the American publishers' price.

Some time ago a western librarian sent me 25 titles, taken from a recent bill imported; I took those and wrote the New York publishers in this country to get their quotations upon them, and the results are these: The English price of these English books to this western library man, delivered, was $76.07. The price, exclusive of transportation, which if gotten through local bookstores, would have been handled through the local bookstores these publications gotten in New York, would have cost $116.41. The difference is 53 per cent. there. The individual would take this $76.07 and add the 16 per cent for duty and transportation; that would cost him $83.16. That individual would pay in New York $141, which is a 69-per cent advance. The publishers have finally been forced down from one position to another, from an original resolution passed by them on October 4, 1921, against allowing any importation by anybody without their consent of works which they have reprinted, to the one which I suppose they offer to-day, since that has been printed in the Publishers' Weekly of January 10, which says, in substance, that a