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neighborhood he made a jump and he climbed up on the portico. The house went on weaving. He watched his door, and when it came around his way he climbed through it. He got to the stairs, went up on all fours. The house was so unsteady he could hardly make his way, but at last he got up and put his foot down on the top step, but his toe hitched on that step, and of course he crumpled all down and rolled all the way down the stairs and fetched up at the bottom with his arm around the newel post, and he said, “ God pity a poor sailor out at sea on a night like this.”

The committee adjourned until 10 o'clock a. m. to-morrow.

SATURDAY, December 8, 1906–10 o'clock a.m. The committee met at the Senate reading room, Congressional Library, jointly with the House Committee on Patents.

Present: Senators Kittredge (chairman), Clapp, Smoot, Mallory, and Latimer; Representatives Currier, Hinshaw, Bonynge, Campbell, Barchfeld, Chaney, McGavin, Legare, and Webb.

The CHAIRMAN. The committee would like to hear from Mr. Montgomery first.

The LIBRARIAN. Mr. Montgomery, Mr. Chairman, would like to note, for the information of the committee, some difficulties that might be experienced by the Treasury Department in actually applying the provisions of section 30—is that it, Mr. Montgomery?

as to importations.

Mr. MONTGOMERY. Section 30 and section 16. I did intend to say something about the cataloguing of the title entries, the inability of customs officers to detect these illegal importations; but if I am to confine my statement to section 30, I will do so.

The LIBRARIAN. Mr. Montgomery, are you the official in the Treasury Department who has particularly to do with importations?

Mr. MONTGOMERY. Yes, sir.
The LIBRARIAN. From this end—that is, in the main Department?

Mr. MONTGOMERY. Yes, sir; I expect I had better make a litttle broader statement.

The CHAIRMAN. How much time do you wish, Mr. Montgomery? Mr. MONTGOMERY. Five minutes, I should say, will be enough.

STATEMENT OF C. P. MONTGOMERY, ESQ., LAW CLERK, CUSTOMS

DIVISION, TREASURY DEPARTMENT.

Mr. MONTGOMERY. The Treasury Department is required by existing law to render protection to the copyright proprietor by preventing importations which infringe his rights, and it is also required to protect certain of our industries—typesetting, for instance against importations of books, etc., copyrighted in the United States, but manufactured abroad. To aid the Treasury and Post-Office Departments in executing the law, the act of 1891 provides for the publication and distribution weekly of catalogues of title entries. These title entries, which show the various titles of copyrighted books and other articles, now number over a million and a half. In order that a customs officer may know whether a book, for instance, is copyrighted, he must examine these title entries, unless the book bears notice of United States copyright. In the latter event he at once becomes aware that the book is prohibited importation, because it bears a false notice of copyright or because it is manufactured abroad in violation of the manufacturing clause. Such a book is detained or seized, and the proper parties are notified. But when the book does not bear notice of United States copyright it devolves upon the customs officer to examine the title entries. This is wholly impracticable, as is shown by the following correspondence with the United States appraiser at the port of New York:

TREASURY DEPARTMENT, OFFICE OF THE SECRETARY,

Washington, October 4, 1905. The UNITED STATES APPRAISER,

641 Washington street, New York, N. Y. SIR : Referring to former correspondence in relation to the weekly catalogues of title entries of copyrighted articles, I will thank you to inform me whether, in your opinion, the protection provided by the copyright laws could be more effectually accomplished if general indexes are prepared at more frequent intervals, and if, when there is doubt as to the legality of any importation, printed notices were prepared and sent to consignees of articles subject to copyright requesting the consignees to state whether the articles are in fact copyrighted in the United States, and whether the written consent to the reproduction, importation, etc., as provided by the statutes, has been obtained. I will thank you for an early reply. Respectfully,

H. A. TAYLOR, Acting Secretary.

UNITED STATES CUSTOMS SERVICE,

OFFICE OF THE APPRAISER,

Port of New York, October 5, 1905. The SECRETARY OF THE TREASURY.

SIR: I have the honor to acknowledge receipt of Department letter of October 4 in relation to the better enforcement of the copyright laws.

In reply. I have to report that in my opinion the more frequent publication of the general indexes and the preparation of the printed notices to consignees, as suggested, would not be of material assistance to this department in more effectually accomplishing the protection provided by the copyright laws. There are so many books imported daily that it is a physical impossibility to look up each title and ascertain whether or not it is copyrighted; to illustrate, we have for examination to-day, and to-day is no exception to the general routine, books of over 1,000 different titles; to look up in the indexes all of those 1,000 titles would take one man ten days, and unless all the titles are looked up it can not be known whether or not those books are imported in violation of the copyright laws. Respectfully,

G. W. WHITEHEAD,

Appraiser. It seems then that the proprietor of the copyright as well as the typesetter may not get the protection the statutes warrant.

Again, the existing statutes do not provide a satisfactory mode of procedure for the forfeiture of prohibited copyright importations. The framers of the customs revenue statutes relative to forfeiture never contemplated their application to violations of the copyright laws, and there has been considerable doubt whether they may be applied. But suppose they may be invoked and the offending article is forfeited; then the forfeited article should be sold under the customs revenue statutes, and that defeats the very object of the law. Thus it may be seen that the Treasury Department has labored under some difficulties in this connection. True, the statutes provide that the Secretary of the Treasury and the Postmaster-General shall make regulations to carry out the provisions of the act prohibiting importations; but it has not been deemed proper to make regulations to forfeit and destroy prohibited copyright importations without due process of law in the common acceptance of that term, except in the case of music imported through the mails. These latter importations are of small value, and there has been but slight protest against this summary action. The result has been largely, except in the case of music, that the offending articles are permitted exportation.

Coming to the bill under consideration, I wish to say that sections 26 to 29, inclusive, and section 31 were framed with a view to filling the necessary requirements as to procedure against authorized and unauthorized importations, and it is believed that if enacted into law there will be no further difficulty on this score.

There still remains, however, the inability of the customs officers to examine catalogues of title entries to determine whether a given importation is prohibited. To make more effective the protection granted it would seem necessary that the copyright proprietor or the injured party should be required to notify the Treasury Department of any importation, actual or contemplated, in violation of his rights. If this were done the Department would duly notify customs officers, and they could keep special watch for the article or articles. This notice is made all the more necessary by the provisions of section 16 and subsections E first and third of section 30, which place greater limitations on importations. And in this connection I would like to state that while the Treasury Department has not the slightest desire to place any obstacle in the way of the copyright proprietor obtaining the fullest protection, yet it is believed that the provision in subsection E first, requiring permission of the proprietor of the copyright before a book may pass the customs, and subsection E third, limiting the privilege of importation without the consent of the copyright proprietor to cases in which the American edition is exhausted or can not be supplied by the American copyright proprietor or publisher, will result in delays and complaints.

Again, if such books are imported through the mails there will most likely be delays of the mails.

Such requirements are burdensome upon the Treasury Department, and if they are to be enacted into law then the machinery for making them effective should be supplied.

Your attention is invited to the criticism of the bill on page 109 of the pamphlet “Amendments proposed;” issued by the Copyright Office.

It may also be well to state that the Treasury Department has communicated through the State Department with the British and Canadian governments concerning the law and practice in cases arising under provisions similar to subsections E one and three. No reply has been received from the British Government, but the Canadian government has made reply. I will read the correspondence: TREASURY DEPARTMENT, OFFICE OF THE SECRETARY,

Washington, December 1, 1906. Mr. THORVALD SOLBERG,

Register of Copyrights, Library of Congress. SIR: Referring to the draft of a proposed bill to amend and consolidate the acts respecting copyright, section 30, subsections 1 and 3, which authorize the importation of books copyrighted in the United States under permission given by the proprietor of the American copyright, etc., I have to inform you that on the 13th ultimo this Department addressed a letter to the commissioner of customs at Ottawa, Canada, in which the following questions were asked:

“What is the law and the practice in Canada applicable to the following

cases :

"1. A is the copyright proprietor of a book published in Canada. B fraudulently reprints the book in the United States and one or more copies are imported into Canada, through the mails and otherwise, for personal use, for libraries, etc., and for sale or hire.

2. A, the proprietor of a Canadian copyright book, authorizes B to reprint the book in the United States, and one or more copies of the authorized reprints are imported into Canada, through the mails and otherwise, for personal use, for libraries, etc., and for sale or hire.

“3. B, the proprietor of an American copyright book, authorizes A to reprint the book in Canada, and copies of the authorized American edition are imported into Canada, through the mails and otherwise, for personal use, for libraries, etc., and for sale or hire."

To this communication the commissioner of customs replied, under date of the 21st ultimo, and I inclose herewith a copy of said letter. It will be observed therefrom that books copyrighted in Canada and fraudulently reprinted in the United States are prohibited importation into Canada, except when imported by or with the consent of the Canadian copyright proprietor; that authorized reprints in the United States are permitted importation into Canada when imported by or with the consent of the Canadian copyright owner; and that in the case of a book printed in Canada under the authority of the proprietor of the American copyright in such book, the American copyright book is not considered a reprint of any work copyrighted in Canada, and would not, therefore, be prohibited from importation. Respectfully,

J. H. EDWARDS, Acting Secretary.

DEPARTMENT OF CUSTOMS,

Ottawa, November 21, 1906. The ASSISTANT SECRETARY,

Treasury Department, Washington, D. C. SIR: I have the honor to acknowledge the receipt of your letter of the 13th instant, asking for the following information concerning copyrighted books imported into Canada, viz:

“1. What is the law and the practice in Canada applicable to the following cases :

1. A is the copyright proprietor of a book published in Canada. B fraudulently reprints the book in the United States, and one or more copies are imported into Canada, through the mails and otherwise, for personal use, for libraries, etc., and for sale or hire.

2. A, the proprietor of a Canadian copyright book, authorizes B to reprint the book in the United States, and one or more copies of the authorized reprints are imported into Canada, through the mails and otherwise, for personal use, for libraries, etc., and for sale or hire.

“3. B, the proprietor of an American copyright book, authorizes A to reprint the book in Canada, and copies of the authorized American edition are imported into Canada, through the mails and otherwise, for personal use, for libraries, etc., and for sale or hire."

In reply I inclose two copies of circular of the department of agriculture, containing the copyright act. I am unable to advise you, however, in regard to the copyright act generally.

The importation of the following books is prohibited under the customs tariff, 1897, viz:

637. Reprints of Canadian copyright works, and reprints of British copyright works which have been copyrighted in Canada also.”

The practice of this department in respect of copyright works prohibited from importation under the customs tariff is as follows:

i. In the case of a book copyrighted in Canada, a fraudulent reprint thereof published in the United States is held to be prohibited from importation into

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Canada, for any purpose, except when imported by or with the consent of the Canadian copyright proprietor and so certified.

2. In the case of a book copyrighted in Canada, a reprint thereof published in the United States by authority of the Canadian copyright owner, would be permitted importation into Canada, only when imported by or with the consent of the Canadian copyright owner and so certified.

3. In the case of a book printed in Canada under the authority of the proprietor of the American copyright in such book, it would appear in such case that the American copyright book is not a reprint of any work copyrighted in Canada, and would not therefore be prohibited from importation into Canada, under the customs tariff. I have the honor to be, sir, your obedient servant,

JOHN MCDOUGALD, Commissioner of Customs.

The CHAIRMAN. Mr. Montgomery, have you drafted any amendments that you would like to suggest to this bill ?

Mr. MONTGOMERY. With regard to the notice to be sent to the Treasury ?

The CHAIRMAN. The different sections that you mention.

Mr. MONTGOMERY. Sections 26 to 29, inclusive, were put in the bill at the suggestion of the Treasury Department. I have not drawn any amendment with regard to notice. I think that could be done very easily.

The CHAIRMAN. Will you do that within a week?
Mr. MONTGOMERY. I can do it this morning.

The CHAIRMAN. And send a copy to Mr. Currier and one to the librarian and one to my secretary or clerk?

Mr. MONTGOMERY. I will be glad to do so; yes, sir.

Mr. CURRIER. Would you suggest, then, that in all authorized editions notice of copyright should be given ?

Mr. MONTGOMERY. That in all authorized editions printed abroad the American notice of copyright should be placed ?

Mr. CURRIER. Yes..

Mr. MONTGOMERY. Well, Mr. Currier, our customs officers would stop a book of that sort to-day. That is really the only benefit the copyright proprietors are getting under this catalogue title entry-I mean, under the provisions of the act prohibiting importations unless there is the United States notice of copyright, printed in the book, our officers have not time to look over a million and a half title entries, and they pass the book.

Mr. CURRIER. That is the question—whether it was not for their protection that the notice of the American copyright should be given.

Mr. MONTGOMERY. Then we would stop it; unquestionably. Our officers would stop it. It would be a good idea, I think.

Senator Mallory. Mr. Montgomery, have you any suggestion to make as to how the delay to which you referred, arising out of the necessity of showing that the copyright proprietor has given his consent to the importation, could be obviated?

Mr. MONTGOMERY. Why, a great many of these books are imported by book post. Now, if the customs officer did his duty (and he would if he knew the book was copyrighted), he would hold that book up. That means holding up the mails until the permission of the copyright proprietor is granted. The copyright proprietor might live in San Francisco.

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