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INTERNATIONAL COPYRIGHT CONVENTION

TUESDAY, APRIL 15, 1941

SUBCOMMITTEE OF THE
COMMITTEE ON FOREIGN RELATIONS,

UNITED STATES SENATE,

Washington, D. C. The subcommittee met, pursuant to call, at 10 a. m., in the committee room, Capitol Building, Senator Elbert D. Thomas (chairman) presiding

Present, Senators Thomas (chairman), Murray, Johnson of California, and Capper.

Present also: Representative Sol Bloom, of New York; Hon. Breckenridge Long, Assistant Secretary of State; Dr. Wallace McClure, Edward G. Trueblood, James A. White, representing the State Department; Hon. Archibald MacLeish, Librarian of Congress; Francis Gilbert, representing G. Schirmer, Inc.; Fulton Brylawski and Edwin P. Kilroe, representing the motion-picture producers; John E. Lockwood, of the Office of Coordination of Commercial and Cultural Relations Between the American Republics; Col. C. L. Bouvé, Register of Copyrights; Thorvald Solberg, former Register of Copyrights; Waldo G. Leland and Dr. Edith E. Ware, representing the Committee for the Study of Copyright of the National Committee of the United States on International Intellectual Cooperation; Stephen P. Ladas; A. J. Brylawski, representing the Theatre Owners of America ; Woodruff Randolph, secretary-treasurer of the International Allied Printing Trades Association; Sidney M. Haye, representing the National Association of Broadcasters; Frederich G. Melcher, chairman of the Copyright Committee of the Book Publishers Bureau, Inc.

Senator THOMAS of Utah. I will ask the reporter to insert in its proper place the treaty, with the letters of transmittal from the President of the United States and the Secretary of State, together with a copy of the last report of the subcommittee to the Senate recommending the ratification of the convention.

(The matters referred to are as follows:)

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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 Com

mittee 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 WHITE HOUSE,

February 19, 1934. 2

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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, Union 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,

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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 Co ght Union, and in this position the Librarian of Congress

Adherence on the part of the United States prior to the adjournment of the present session of Congress is earnestly recommended. Respectfully submitted.

CORDELL HULL. DEPARTMENT OF STATE,

Washington, February 16, 1934.

concurs.

[Translation]

BERNE CONVENTION OF SEPTEMBER 9, 1886, FOR THE PROTEC

TION 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 Tunis

Equally 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

Germany at Rome;
Mr. Georg Klauer, Ministerial Counselor in the Ministry of Justice;
Mr. Wilhelm Mackelen, Counselor of Legation in the Ministry of Foreign

Affairs;
Dr. Eberhard Neugebauer, Ministerial Counselor in the Ministry of Posts

and Telegraphs;
Dr. Johannes Mittelstaedt, Privy Counselor for Justice, Attorney before the

Supreme Court of the Reich;
Mr. Maximilian Mintz, President of the German Group of the International

Literary and Artistic Association;
Dr. Max von Schillings, Professor, Senator of the Prussian Academy of

Fine Arts, Member of the Committee of the Association of German

Composers;
Dr. Ludwig Fulda, Senator of the Prussian Academy of the Fine Arts,

President of the Soceity of German Dramatic Authors and Composers,
President of the International Federation of Dramatic Authors and
Composers and Vice-President of the International Confederation of

the Societies of Authors and Composers. 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

Majesty the King of the Belgians at Rome;
His Excellency Mr. Jules Destrée, Member of the Chamber of Repre-

sentatives, Minister Plenipotentiary;
Mr. Paul Wauwermans, Member of the Chamber of Representatives.
The President of the United States of Brazil:
His Excellency Mr. F. Pessoa de Queiroz, former diplomat, journalist,

Deputy, Member of the Chamber Commission on Diplomacy and

Treaties;
Mr. Joao Severiano da Fonseca Hermes, Jr., First Secretary of the Embassy

of Brazil at Rome.
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

Plenipotentiary of Estonia at Rome. The President of the Republic of Finland: His Excellency Dr. Emile Setälä, Professor in the University of Helsingfors,

Envoy Extraordinary and Minister of Finland at Copenhagen,

formerly Minister of Foreign Affairs;
His Excellency Dr. Rolf Thesleff, Envoy Extraordinary and Minister

Plenipotentiary of Finland at Rome;
Mr. George Wickelmann, Counselor of Legation, Chief of the Juridical

Office in the Ministry of Foreign Affairs.

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