of organizations-that is to say, associations representing a group of interests; and those organizations were specially invited, additions being made to the list later as suggestions were made of others that should be added.

The organizations selected were the most representative organizations that we could think of or that were brought to our attention as having practical concern in the amelioration of the law, but especially, of course, those concerned in an affirmative way that is to say, in the protection of the right. They were nearly thirty in number. The list of them and their representatives is before you.

(The list referred to was, by direction of the committee, made a part of the record, and is as follows:)

List of associations invited to take part and the delegates nominated to be present at the conference on copyright, together with other participants.

AUTHORS.

American (Authors') Copyright League: Edmund Clarence Stedman 1,2, president; Richard R. Bowker, vice president; Robert Underwood Johnson 1,2, secretary; Edmund Munroe Smith, acting secretary (not present).

National Institute of Arts and Letters: Edmund Clarence Stedman 1,2, president; Brander Matthews 1,2.

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DRAMATISTS AND PLAYWRIGHTS.

American Dramatists Club: Bronson Howard, president; Joseph I. C. Clarke1, first vice president; Harry P. Mawson 1,2, chairman committee on legislation; Joseph R. Grismer1, committee on legislation; Charles Klein 3.

Association of Theatre Managers of Greater New York: Charles Burnham 1, vice president; Henry B. Harris1, secretary.

ARTISTS: PAINTERS, SCULPTORS, ARCHITECTS.

American Institute of Architects: Glenn Brown, secretary.
Architectural League of America: D. Everett Waid 1,".
National Academy of Design: Frank D. Millet.

first

National Sculpture Society: Daniel Chester French 3, president; Karl Bitter 2,3, vice president.

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Society of American Artists: John La Farge1, president; John W. Alexander 1,2.

COMPOSERS.

Manuscript Society: Miss Laura Sedgwick Collins1 (charter member), F. L. Sealy 2.

PUBLISHERS.

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American Publishers' Copyright League: William W. Appleton, president; George Haven Putnam 2,3, secretary; Charles Scribner 1,2, treasurer; Stephen H. Olin 2,3, counsel.

Association of American Directory Publishers: W. H. Lee 2,3, president; W. H. Bates, secretary; Alfred Lucking, counsel; Everett S. Geer, president Hartford Printing Company; William E. Murdock 3, trustee of the Association of American Directory Publishers; Ralph L. Polk 3, trustee of the Association of American Directory Publishers; S. T. Leet ".

PUBLISHERS OF NEWSPAPERS AND MAGAZINES.

American Newspaper Publishers' Association: Don C. Seitz 1,2, acting chairman copyright committee; John Stewart Bryan 1,2, copyright committee; Louis M. Duvall 1,2, copyright committee; Thos. J. Walsh 2, at the request of Mr. Seitz. Periodical Publishers' Association of America: Charles Scribner 1,2.

PUBLISHERS OF ARTISTIC REPRODUCTIONS: LITHOGRAPHERS, PHOTOGRAPHERS. National Association of Photoengravers: B. W. Wilson, jr.2

Photographers' Copyright League of America: B. J. Falk, president; Pirie MacDonald; A. B. Browne, counsel.

Print Publishers' Association of America: W. A. Livingstone, president; Benjamin Curtis, secretary; George L. Canfield 3, counsel.

Reproductive Arts Copyright League (Lithographers' Association-East): Robert M. Donaldson, president: Edmund B. Osborne 2, vice-president; A. Beverly Smith, secretary; Fanueil D. S. Bethune 2,3, counsel.

PUBLISHERS OF MUSIC.

Music Publishers' Association of the United States: J. F. Bowers 2,3, president; Charles B. Bayly3, secretary; George W. Furniss, chairman copyright committee; Walter M. Bacon, of copyright committee; Nathan Burkan 2,3, counsel; A. R. Serven, 3 counsel; Leo Feist; Isidore Witmark 3; R. L. Thomæ 2, (Victor Talking Machine Company, of Philadelphia).

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PRINTERS AND LITHOGRAPHERS.

United Typothetæ of America: Isaac H. Blanchard', of executive committee; Chas. W. Ames2, 3

International Typographical Union: J. J. Sullivan, chairman I. T. U. copyright committee; P. H. McCormick, president, and George J. Jackson, organizer, of New York Typographical Union No. 6.

Central Lithographic Trades Council: W. A. Coakley3.

EDUCATIONAL INSTITUTIONS.

National Educational Association: George S. Davis', associate city superintendent of schools; Claude G. Leland 2, librarian board of education of New York.

PUBLIC LIBRARIES.

American Library Association: Frank P. Hill, president; Arthur E. Bostwick.

BAR ASSOCIATIONS.

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American Bar Association-Advisory committee: Arthur Steuart1, 3, Edmund Wetmore2, Frank F. Reed (not present).

chairman;

Association of the Bar of the City of New York-Advisory committee: Paul Fuller3, chairman; William G. Choate, John E. Parsons, John L. Cadwalader, Edmund Wetmore2, Henry Galbraith Ward, Arthur H. Masten. (Of this committee, appointed after the second conference, only Mr. Fuller was present.)

counsel.

MISCELLANEOUS.

International Advertising Association: Will Phillip Hooper1, 2; James L. Steuart2, The Sphinx Club: Will Phillip Hooper1, 2.

OTHERS PRESENT, BUT NOT FORMALLY PARTICIPATING.

Samuel J. Elder, of Boston; André Lesourd3, of New York; A. Bell Malcomson3, of New York; Ansley Wilcox, of Buffalo; A. W. Elson2, 3, of Boston; Gen. Eugene Griffin, of New York; Charles H. Sergel3, of Chicago.

Librarian of Congress, Herbert Putnam.

Register of Copyrights, Thorvald Solberg.

Commissioner of Patents, Frederick I. Allen (was not present, but submitted written suggestions).

Department of Justice, Henry M. Hoyt, Solicitor-General (present, but not formally participating); William J. Hughes2, 3, of the Solicitor-General's Office (present, but not for formally participating).

Treasury Department, Charles P. Montgomery, of the Customs Division.

NOTE.-Persons marked1, 2, or 3 were present only at the sessions thus indicated. The absence of a mark following a name indicates attendance at all three sessions.

Mr. PUTNAM. These men are the writers of books, the writers of plays, the composers of music, the architects, painters and sculptors, the photographers and photoengravers, the publishers of books, newspapers, periodicals, music, and prints, and the manufacturers, printers, typographers, and lithographers. The conference included, therefore, those interests that abroad are considered primary in such a matter—that is, the creators of the works which are to be protected and the publishers through whom the property in these becomes effective and remunerative; but it included under each of these genera several species and various subsidiary interests. It included the National Educational Association and the American Library Association as representing to some extent the consumers; and in addition to the legal counsel representing special interests it included two committees of the American Bar Association and of the New York Bar Association of experts upon copyright law, who gave gratuitous service as general advisors to the conference and in the framing of the bill.

Upon questions of importation the conference had the benefit of information and advice from a representative of the Treasury Department, expert in the practice of that Department at ports of entry. The Solicitor-General, whose name appears upon the list, was not a formal participant, but his representative was present throughout as an observer of the proceedings; and if I do not emphasize the aid which he and which the Solicitor-General himself, in later informal criticism and suggestion, rendered, it is only because the practice of his office forbids him to take part in the initiation of legislation; and his assistance in this matter must not be taken as a precedent to his inconvenience.

The conference held three meetings in June and November of last year and in March of this year, but, of course, as a conference it included various minor consultations and much correspondence. At the outset of the meeting last June each organization was invited to state the respects in which it deemed the present law defective or injurious, either to its own interest, or, in its opinion, to the general interest. The second conference had before it a memorandum prepared by the register embodying provisions deemed by the office important for consideration at that stage. The third conference, in March of this year, had before it a revision of this memorandum. The last conference, this third, resulted in the draft of a bill, which was sent to each participant for comment and suggestion, and the bill itself is before you.

We would have no misunderstanding as to what this bill is. It is a bill resulting from the conference, but it is not a conference bill; for the conference did not draw it, nor did it by explicit vote or otherwise determine its precise provisions. It is rather a copyright office bill. The office submits it as embodying what, with the best counsel available, including the conferences, it deems worthy of your consideration, in accordance with your previously expressed desire. In calling the conferences and in submitting the draft it has proceeded upon your suggestion. Apart from the chapter relating to its own administration, it has no direct interest in the bill, except its general interest to secure a general amelioration of the law. It does not offer the bill to you as the unanimous decision of a council of experts, for it contains certain provisions as to which expert opinion as well as substan

tial interest was divided. It does not offer to you the bill as one that has passed the test of public discussion, for it has only now come before the public. It knows already of objection to certain of its provisionsobjection which will be entitled to be heard by your committee; and it is informed by one critic that his objections are sufficient to cover fully one-half of the provisions of the bill.

The bill comes before you with precisely that presumption to which its history entitles it-no less, but no more.

The conference had certain aids prepared in advance by the copyright office, which were embraced in these particular publications, setting forth the present law in this country and all previous enactments in this country-a bibliography, indeed, of all bills introduced into Congress, all amendments of the copyright laws, and the laws in foreign countries so far as they could be epitomized.

The conferences occupied eleven days in all, of twenty-two sessions-two sessions a day. Their labors are evidenced by these four volumes, which are the stenographer's record of the proceedings. The sincerity of their endeavor to secure a result that should be scientific yet conservative, is, perhaps, evidenced by the brevity of the bill. The memorandum of last November contains some 16,000 words; that of March contains some 11,000 words; the bill contains slightly over 8,000 words. I believe that the present group of statutes embodying the existing law will contain somewhat over 4,000 words; and they are alleged to be imperfect and neither systematic nor organic.

The bill attempts to be both. It is, as you see, divided into eight chapters, with some supplementary miscellaneous provisions. I say that it is divided into chapters-that is, recited in the contents of the bill as printed officially and set forth in marginal references in the bill as printed at the Library. These chapters deal with the nature and extent of copyright, the subject-matter of copyright, who may obtain copyright, how to secure it, the duration of it, the protection and the transfer of copyright, and the copyright office.

I have furnished to your committee some analysis of it. That analysis is contained in the printed statement marked "Memorandum," of which there are additional copies here dated June 5, including those before you, containing some slight changes from those sent out to members of your committee. I would ask to have this one, dated on the outside June 5, considered the recent one.

(The memorandum above referred to was, by direction of the committee, made a part of the record, and the same is as follows:)

MEMORANDUM.

A.-Some leading features.

As the present law consists of but a group of statutes, and the proposed bill is systematic and organic in form, the changes which it introduces other than mere abrogations are not easily explained by mere reference to the existing statutes. Throughout attempt has been made to substitute general terms for particular specifications, to provide for a protection as broad as the Constitution contemplated, and to insure that no specification shall tend to limit unduly either subject-matter or the protection. Important respects in which the bill modifies or amplifies existing law are as follows:

Nature and extent.—Section 1, like section 9, is fundamental. The existing law (Rev. Stat., sec. 4952) specifies as the exclusive right "the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending;" of public performance or representation; and of dramatization or translation. The bill omits the specifications "printing, reprinting, publishing, completing, executing,

and finishing," but attempts others intended to be fully as broad. [Please see sec. 1.] It adds the right of oral delivery in the case of lectures, and the right to make, sell, distribute, or let for hire any device, etc., especially adapted to reproduce to the ear any musical work, and to reproduce it to the ear by means of such a device; but these latter are limited to works hereafter published and copyrighted.

The copyright is to protect "all the copyrightable component parts of the work copyrighted and any and all reproductions or copies thereof in whatever form, style, or size."

Subject-matter of copyright.-A general statement that it is to include "all the works of an author," leaving the term "author" to be as broad as the Constitution intended. Certain specifications follow, but coupled with the proviso that they shall not be held to limit the subject-matter.

The specifications [sec. 5] substitute, so far as possible, general terms for particulars. They omit, for instance, the terms "engravings, cuts, lithographs, painting, chromo, statue, and statuary." They assume, however, that these will be included under the more general terms as "prints and pictorial illustrations," or "reproductions of a work of art," or "works of art," or "models or designs for works of art." The term "works of art" is deliberately intended as a broader specification than "works of the fine arts" in the present statute, with the idea that there is subjectmatter (e. g., of applied design, yet not within the province of design patents) which may properly be entitled to protection under the copyright law.

Express mention is made of oral lectures, sermons, and addresses; periodicals, including newspapers; drawings and plastic works of a scientific or technical character, and new matter contained in new editions.

Labels and prints relating to articles of manufacture hereafter to be registered in the copyright office instead of in the Patent Office.

Additions, revisions, abridgments, dramatizations, translations, etc., to be regarded as new works. [Sec. 6.]

Who may obtain copyright.-As broad as heretofore. International reciprocal arrangements confirmed. The privilege extended to any foreign author who is living in the United States at the time of the making and first publication of his work, or first or contemporaneously publishes here.

How to secure copyright.―The copyright is to be "secured" by publication of the work with the notice affixed. This section, 9, with section 14, is fundamental. Sections 10, 11, and 13 prescribe subsequent procedure in the copyright office.

Registration is provided for works (e. g., works of art) of which copies are not reproduced for sale, with the requirement that the notice shall be affixed to the original "before publication thereof." [Sec. 10.]

The deposit to be not later than thirty days after publication; in the case of a periodical not later than ten days. The copies deposited to be of the "best edition," as required by the act of 1870. [Sec. 11.] In case of error or omission to make the deposit within the thirty days, permission to make it within a year after first publication, but with the proviso that no action shall be brought for infringement until it has been made. [Sec. 15.]

In case of a printed book the copies deposited must be accompanied with the affidavit called for by House bill 13355, passed by the House April 26, 1904, that the requirements as to American typesetting, etc., have been complied with, and the affidavit is to specify the place and the establishment in which the work was done.

Extends [sec. 13] the “manufacturing clause" to include texts produced by lithographic process, and also in certain cases illustrations and separate lithographs, but abrogates it in the case of photographs.

The articles required to be deposited are to be entitled to free transmittal through the mails, as under earlier statutes (e. g., act of February 18, 1867; July 8, 1870). [Sec. 12.]

The notice of copyright simplified. Specified only for the copies "published or offered for sale in the United States." Where right of public performance is reserved on musical compositions, a notice to this effect is required. [Sec. 14.]

Ad interim term [sec. 16].-Extends the ad interim term of protection in the case of books first published abroad in foreign languages from one year to two years. Provides for an ad interim term in the case of books first published abroad in English, of thirty days, but with prohibition of importation during the interim.

Duration [sec. 18].-Instead of the present term (forty-two years), varying terms according to the subject-matter. Provides a special term of twenty-eight years (instead of forty-two years as now) for labels and prints heretofore registered in the Patent Office; increases the term of other articles, and especially derivative articles, from forty-two years to fifty years; and in the case of original works increases the term to the life of the author and fifty years. Abolishes renewals.