THE INTERNATIONAL CONVENTION OF THE COPYRIGHT UNION AS REVISED AND SIGNED AT ROME ON JUNE 2, 1928 FEBRUARY 19, 1934.-Convention read the first time and referred to the Committee on Foreign Relations, and, together with the message, ordered to be printed in confidence for the use of the Senate MAY 28, 1934.-Injunction of secrecy removed. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to adherence thereto on the part of the United States, I transmit herewith the International Convention of the Copyright Union as revised and signed at Rome on June 2, 1928. I invite the consideration of the Senate to this convention instead of the Convention of the International Copyright Union signed at Berlin on November 13, 1908, and the additional protocol thereto signed at Bern on March 20, 1914, which were transmitted to the Senate by my predecessor in office on January 21, 1931. According to the provisions of the convention as revised and signed at Rome in 1928, which I am now transmitting to the Senate, adherence to the convention as signed at Berlin in 1908 is no longer permissible. I call attention to this provision and likewise to the other reasons given in the accompanying report of the Secretary of State for asking the Senate to consider the convention as revised on the later date in lieu of the one previously submitted to it. FRANKLIN D. ROOSEVELT. THE PRESIDENT: On January 21, 1931, President Hoover transmitted to the Senate, with a view to receiving the advice and consent of the Senate to adherence thereto by the United States, the International Convention of the Copyright Union as revised and signed at Berlin on November 13, 1908, and an additional protocol thereto signed at Bern, March 20, 1914 (Senate Executive H, 71st Cong., 3d sess.). Since such transmission, the Convention of the International Copyright Union as revised and signed at Rome on June 2, 1908, has come into force. This convention provides in article 28 that countries that are not within the union might, until August 1, 1931, enter the union by means of adherence either to the convention signed at Berlin on November 13, 1908, or to the convention signed at Rome, but that after August 1, 1931, they may adhere only to the Rome Convention. The latter Convention has, therefore, superseded the Berlin Convention and the Bern protocol in the relations of the countries which have ratified it with each other. The undersigned, the Secretary of State, is, therefore, laying before the President a certified copy of the convention as revised and signed at Rome in 1928, with a translation thereof into English, in order that, should his judgment approve thereof, it may be transmitted to the Senate so that the Senate may consider adherence to this convention instead of adherence to the convention of 1908 and the protocol of 1914 which are before it. Adherence by the United States to the Rome Convention would give to American authors the right to enjoy for their literary and artistic works in countries members of the Copyright Union the same rights as are enjoyed by authors of similar works who are nationals of such countries. Reciprocally, the nationals of those countries would enjoy in the United States the rights enjoyed by citizens of this country. According to the information of the Department of State, the following countries have either ratified or adhered to the convention of 1928: Bulgaria, Brazil, Canada, Free City of Danzig, Denmark, Finland, France (including the French colonies, protectorates, and territories under authority of the French Ministry for the Colonies), Syria and the Lebanon, Germany, Great Britain (including Bahamas, Barbados, Bermuda, British Guiana, British Honduras, Ceylon, Cyprus, Falkland Islands and Dependencies, Federated Malay States, Fiji, Gambia Colony and Protectorate, Gibraltar, Gold Coast Colony (Ashanti and the Northern Territories), Togoland under British Mandate, Hong Kong, Jamaica (including Turks and Caicos Islands and Cayman Islands), Kenya Colony and Protectorate, Leeward Islands (Antigua, Dominica, Montserrat, St. Christoper and Nevis, and the Virgin Islands), Malta, Mauritius, Newfoundland, Nigeria Colony and Protectorate and the Cameroons under British Mandate, Northern Rhodesia, Nyasaland Protectorate, Palestine (including Trans-Jordan), St. Helena and Ascension, Seychelles, Sierra Leone Colony and Protectorate, Somaliland Protectorate, Únion of South Africa, Basutoland, Bechuanaland Protectorate, Swaziland, Southern Rhodesia, Straits Settlements, Tanganyika Territory, Trinidad and Tobago, Uganda Protectorate, Western Pacific Islands (British Solomon Islands Protectorate, and Gilbert and Ellice Islands Colony), Windward Islands (Grenada, St. Lucia, and St. Vincent), Greece, Hungary, India, Italy, Japan (including Chosen, Jarafuto, Leased Territory of Kwantung, and Taiwan), Lichtenstein, Luxemburg, Monaco, the Netherlands (including Curacao, Netherland India, and Surinam), Norway, Spain, Sweden, Switzerland, Tunis, and Yugoslavia. The following countries members of the Union under the 1908 convention have not yet ratified or adhered to the convention of 1928: Australia, Austria, Belgium, Czechoslovakia, Estonia, Haiti, Irish Free State, Liberia, Morocco, New Zealand, Poland, Portugal, and Rumania. As the first of the foregoing lists indicates, a very large proportion of the countries of the world are parties to the instrument herewith submitted, thus having agreed to the provision that after August 1, 1931, new members may adhere only to it. The United States has become a great producer of literary and artistic works, which include, of course, not merely the writings of authors and composers, but the output of vast industries such as the motion-picture studios. The demand for these products is world-wide. At present protection against piracy is, in many places, nonexistent or inadequate. Adherence to the convention for the protection of literary and artistic works, which represents the most complete and modern conception of such protection, is the most important step that can be taken to remedy the present situation. It would assure to American authors and artists the enjoyment of copyright without formality in all of the countries which are parties to it, as well as such other privileges as each country respectively accords to its own citizens. The United States would, of course, be obligated reciprocally to accord to the citizens of the other countries copyright without formality and, in general, the protection which it accords to its own citizens. The revision of 1928 added substantial new provisions for the benefit of authors of literary and artistic works, such as protection of an author against mutilation or modification by assignees which may be prejudicial to his honor or his reputation, and certain rights with respect to the communication of his work by radio. The register of copyrights of the United States has long been on record as favoring the entry of the United States into the International Copyright Union, and in this position the Librarian of Congress concurs. Adherence on the part of the United States prior to the adjournment of the present session of Congress is earnestly recommended. Respectfully submitted. DEPARTMENT OF STATE, Washington, February 16, 1934. CORDELL HULL. [Translation] BERNE CONVENTION OF SEPTEMBER 9, 1886, FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, REVISED AT BERLIN, NOVEMBER 13, 1908, AND AT ROME, JUNE 2, 1928 The President of the German Reich; the Federal President of the Republic of Austria; His Majesty the King of the Belgians; the President of the United States of Brazil; His Majesty the King of the Bulgarians; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the Republic of Estonia; the President of the Republic of Finland; the President of the French _Republic; His Majesty the King of Great Britain, Ireland and the British Dominions Beyond the Seas, Emperor of India; the President of the Hellenic Republic; His Most Serene Highness the Regent of the Kingdom of Hungary; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Royal Highness the Grand Duchess of Luxemburg; His Majesty the Sultan of Morocco; His Most Serene Highness the Prince of Monaco; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Polish Republic in the name of Poland and of the Free City of Danzig; the President of the Portuguese Republic; His Majesty the King of Rumania; His Majesty the King of Sweden; the Federal Council of the Swiss Confederation; the States of Syria and the Great Lebanon; the President of the Czechoslovak Republic; His Highness the Bey of TunisEqually animated by the desire to protect in as efficacious and uniform a manner as possible the rights of authors as to their literary and artistic works, Have resolved to revise and complete the Act signed at Berlin on November 13, 1908. They have, consequently, named as their plenipotentiaries: The President of the German Reich: His Excellency, Dr. Baron Constantin von Neurath, Ambassador of Mr. Georg Klauer, Ministerial Counselor in the Ministry of Justice; Mr. Wilhelm Mackelen, Counselor of Legation in the Ministry of Foreign Dr. Eberhard Neugebauer, Ministerial Counselor in the Ministry of Posts Dr. Johannes Mittelstaedt, Privy Counselor for Justice, Attorney before the Mr. Maximilian Mintz, President of the German Group of the International Dr. Max von Schillings, Professor, Senator of the Prussian Academy of Dr. Ludwig Fulda, Senator of the Prussian Academy of the Fine Arts, The Federal President of the Republic of Austria: Dr. Auguste Hesse, Ministerial Counselor. His Majesty the King of the Belgians: His Excellency the Count della Feille de Leverghem, Ambassador of His His Excellency Mr. Jules Destrée, Member of the Chamber of Repre- Mr. Paul Wauwermans, Member of the Chamber of Representatives. His Excellency Mr. F. Pessoa de Queiroz, former diplomat, journalist, Mr. Joao Severiano da Fonseca Hermes, Jr., First Secretary of the Embassy His Majesty the King of the Bulgarians: Mr. Stoil C. Stoiloff, Counselor of the Legation of Bulgaria at Rome. His Majesty the King of Denmark: His Excellency Mr. I. C. W. Kruse, Chamberlain, Minister of Denmark at Rome; Mr. F. Graae, Chief of Department in the Ministry of Public Instruction. His Majesty the King of Spain: Mr. Francisco de Paula Alverez Ossorio, Attorney, Chief of Administration of the Corporation of Archivists, Librarians, and Archeologists, Assistant Director of the National Archeological Museum. The President of the Republic of Estonia: His Excellency Mr. Karl Tofer, Envoy Extraordinary and Minister The President of the Republic of Finland: His Excellency Dr. Emile Setälä, Professor in the University of Helsingfors, His Excellency Dr. Rolf Thesleff, Envoy Extraordinary and Minister Mr. George Wickelmann, Counselor of Legation, Chief of the Juridical The President of the French Republic: His Excellency Mr. Maurice de Beaumarchais, Ambassador of the French Mr. Marcel Plaisant, Deputy, Attorney before the Paris Court of Appeals; Mr. Drouets, Director of Industrial Property in the Ministry of Commerce; Mr. Romain Coolus, Honorary President of the Society of Dramatic Mr. André Messager, Member of the Institute, formerly President of the His Majesty the King of Great Britain, Ireland and the British Dominions Beyond the Seas, Emperor of India: For Great Britain and Northern Ireland: Sir Sydney Chapman, K.C.B., C.B.E., Principal Economic Counselor of the Government of His Britannic Majesty; Mr. William Smith Jarratt, Comptroller in the Department of Indus- Mr. Alfred James Martin, O.B.E., Assistant Comptroller in the For the Dominion of Canada: The Honorable Philippe Roy, C.P., Commissioner General of Canada at Paris. For the Commonwealth of Australia: Sir William Harrison Moore, K.B.E., C.M.G. For the Dominion of New Zealand: Mr. Samuel George Raymond, K.C. For the Irish Free State: Mr. Michael Mac White, Representative of the Irish Free State to the For India: Mr. G. Graham Dixon, The President of the Hellenic Republic: His Excellency Mr. Nicolas Mavroudis, Envoy Extraordinary and Minister His Most Serene Highness the Regent of the Kingdom of Hungary: His Excellency André de Hóry, Envoy Extraordinary and Minister Plenipotentiary of Hungary at Rome. His Majesty the King of Italy: His Excellency Professor Vittorio Scialoja, Minister of State, Senator; Mr. Vicenzo Morello, Senator, President of the Society of Authors; Mr. Arrigo Solmi, Deputy, Professor in the University of Pavia; Professor Amedeo Giannini, Honorary Envoy Extraordinary and Minister Mr. Domenico Barone, Counselor of State; Mr. Cesare Vivante, Professor of Commercial Law in the University of Mr. Emilio Venezian, Inspector General in the Ministry of National Economy; Dr. Alfredo Jannoni-Sebastiannini, Director of the Bureau of Intellectual Property; Mr. Mario Ghiron, Professor in the University of Rome. His Majesty The Emperor of Japan: His Excellency Mr. Michikazu Matsuda, Ambassador of Japan at Rome; Her Royal Highness The Grand Duchess of Luxemburg: Mr. Victor Auguste Bruck, Doctor of Laws, Consul of Luxemburg at Rome. |