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a reply that was characterized by considerable bitterness in manner maintained that national culture was at stake. He claimed that his restrictions were manifestation of a spiritual defensive to protect manners, morals and traditions of his people. To accomplish this object, censorship alone was insufficient and a certain national industry was essential. He agreed that there should be no administrative measures for economic purposes and insisted that his regulations had only cultural ends in view. He accused the United States of using sanitary and pure food regulations to disguise economic purposes. He denied analogy between films which had culture essence and other commodities. He closed by stating that the regulations I referred to do not now exist; that amended regulations are being prepared but repeated some very similar regulations must continue to exist.

German delegate then made a speech pointing out that under decision of Conference our terms of reference were interpreted in such a manner that Conference could not make a decision in this matter. He agreed, however, with many points of Serruys' culture arguments and reserved Germany's right to impose measures in the future to protect Germany's traditions. Austria, Italy and India made similar declarations.

I have the conviction that the sense of the Conference, if a decision had been possible, would have been that nations have a right to maintain some form of protection for their culture and traditions.

WILSON

560.M3/50 : Telegram

The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 8, 1928noon.

[Received July 8–9:23 a. m.] 15. Your 3, July 7, 1 p. m. Your original instructions were so comprehensive that at every stage of proceedings the attitude that I should take was clearly indicated to me. Although I took a minor part in debate on ratification matter (see my 11, July 6,2 p. m.), nevertheless I worked diligently in conversation with my colleagues to persuade them that it was unnecessary that the United States be included in the list. Probably as a result of these conversations the French delegate twice urged the Conference vigorously not to insist on the necessity of American ratification but was overruled by the general opinion. I was not able to persuade certain of the delegates, notably the German, Swiss and Japanese, that America should not be included in the list. This particular matter has been debated to such an extent that I am convinced that no useful purpose would be served by further insistence on our part and might even give rise to suspicion of our

bona fides. I earnestly hope that the Department will not insist further in this matter. I deplore, as you do, the complex nature of these clauses and wish it had been possible [to] simplify the procedure, but it must be borne in mind that what is adopted is much simpler than certain of the schemes proposed and is a compromise reached after prolonged discussion.

WILSON

560.M3/53 : Telegram The Secretary of State to the Chief of the American Delegation

(Wilson)

WASHINGTON, July 8, 1928–12 noon. 4. Your 15, July 8, noon. Department is satisfied that you have done all that could have been expected and leaves your future course entirely to your judgment.

KELLOGG

560.M3/55 : Telegram The Chief of the American Delegation (Wilson) to the Secretary of

State

GENEVA, July 11, 1928—2 p. m.

[Received July 11–11:30 a. m.] 19. Supplementary agreement signed this morning by 27 States, i. e., all those represented at Conference except the United States and Bulgaria.38

Moffat and I return to Berne this afternoon.

The entire delegation expresses its thanks for helpful and sympathetic support.

WILSON

INTERNATIONAL CONVENTION OF THE COPYRIGHT UNION, AS

REVISED AND SIGNED AT ROME, JUNE 2, 1928 *

554.A2/7

The Italian Ambassador (De Martino) to the Secretary of State

The Italian Ambassador presents his compliments to His Excellency the Secretary of State and has the honor to inform him that

39

Signed by Mr. Wilson on behalf of the United States, July 31, 1928. For text, see p. 357.

For records of the International Conference for the Revision of the Convention of Berlin of 1908, see Union Internationale pour la protection des oeuvres littéraires et artistiques. Actes de la conférence réunie a Rome du Mai au 2 Juin 1928 (Berne, 1929). For text of the convention of Berlin of 1908, see League of Nations Treaty Series, vol. I, p. 217.

during the month of October 1927 there will be held in Rome an International Conference on Copyright to which it is the earnest desire of the Royal Italian Government that the Government of the United States send its delegates.

Whilst conveying this invitation, the Italian Ambassador has the honor to communicate that this Conference is in pursuance of the Convention held in Berne during the year 1886, when the desirability of periodical revisions of the Convention was agreed upon, and he has further the honor to recall that at the last Conference, held in Berlin in 1908, the proposal was unanimously approved to have the next meeting within ten years in the City of Rome. On account of the World War this event was postponed, but the time is now considered ripe for it to take place.

With the occasion the Ambassador has the honor to call attention to the fact that when the last Conferences took place in Paris (1896) and in Berlin (1908) invitations to participate were extended also to many States not belonging to the Union and that the delegates of these States who will attend the Conference in Rome will enjoy full liberty of action and will be able to follow its work and deliberations without however engaging themselves in any way whatever.

The Royal Italian Government trusts that, irrespective of the present state of legislation on Copyright in the various countries, the States not belonging to the Union will also participate to the Conference and leaves it, of course, to them to decide on the advisability of endowing their respective delegates with full powers in case adherence to the International Copyright Convention at Berne were desired.

WASHINGTON, August 2, 1927.

554,A2/7

40

The Secretary of State to the Italian Ambassador (De Martino)

WASHINGTON, April 28, 1928. EXCELLENCY: Referring to your note of August 2, 1927, inviting the Government of the United States to participate in the International Conference on Copyright to open at Rome on May 8 next, I have the honor now to inform you that, after reconsideration, it has been decided to accept the invitation and that the Honorable Henry P. Fletcher, American Ambassador at Rome, Mr. Thorvald Solberg, Register of Copyrights, Library of Congress, and the Honorable Sol Bloom, Member of Congress, have been designated to attend the Congress as delegates on the part of the United States.

"The Conference had been postponed from October 1927.

The American Ambassador at Rome was instructed by cable on April 25 42 to advise your Government accordingly. Accept [etc.]

FRANK B. KELLOGG

554.A2/46

The Ambassador in Italy (Fletcher) to the Secretary of State No. 1797

ROME, July 25, 1928.

[Received August 10.] Sir: Referring to my despatch No. 1726 of June 5th last 42 enclosing an advance copy of the Report of the United States Delegation to the International Conference for the Revision of the Convention of Berlin of 1908 for the Protection of Literary and Artistic Works, as well as a copy of the printed text of the Convention as signed here, together with a copy of the Report of the Reporter General at the Conference, I now have the honor to enclose the original Report of the United States Delegation to this Conference.

The Report of the Delegation is accompanied by a corrected text of the Convention signed here, in triplicate, which should be substituted for that accompanying my despatch No. 1726 above mentioned. The corrections, however, are merely typographical. The Report is accompanied by : 48 Appendix 1. A complete file of all papers issued by the Secre

tariat General of the Conference, in the French language. Appendix 2. Minutes of the inaugural session, May 7, 1928. Appendix 3. Minutes of the first plenary session, May 8, 1928. Appendix 4. Minutes of the second plenary session, June 1, 1928. Appendix 5. Minutes of the closing session and signatures. Appendix 6. Printed text of the Resolutions of the Conference. Appendixes 7 and 8. Propositions, Counter-Propositions and

Amendments proposed. The Department is thus in possession of a complete file of the Conference. I understood from Representative Bloom that he was having English translations made of the minutes of the various committee meetings. If he has done this I have no doubt he would be glad to make translations available to the Department. I have [etc.]

HENRY P. FLETCHER

(Enclosure)
The American Delegation to the Secretary of State

ROME, June 4, 1928. SIR: The undersigned, appointed by the President as Delegates of the United States of America to the International Conference for

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the Revision of the Convention of Berlin of 1908 for the Protection of Literary and Artistic Works, have the honor to submit the following report:

The Conference met at Rome on May 7th and concluded its labors on June 2, 1928. The following members of the Union were represented: Germany, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Denmark, Free City of Danzig, Spain, Estonia, Finland, France, Great Britain, Greece, Hungary, India, Ireland, Italy, Japan, Luxemburg, Morocco, Monaco, Norway, New Zealand, Netherlands, Poland, Portugal, Rumania, Sweden, Switzerland, Syria, Czechoslovakia, Tunisia. The following non-member countries were also represented: Chile, Colombia, Cuba, Egypt, Ecuador, United States of America, Guatemala, Latvia, Lithuania, Mexico, Nicaragua, Persia, Peru, San Marino, Salvador, Yugoslavia, Siam, Turkey, Uruguay, Venezuela.

The delegates representing Union countries only were given the vote. Representatives of non-Union countries were given every facility for speaking but had no vote.

The official language of the Conference was French.

At the first plenary session a drafting committee was appointed and the Conference sitting as a committee of the whole was in almost daily session. More than one hundred proposals for the amendment of the Articles of the Convention of Berlin of 1908 were suggested by delegates from the different countries of the Union, debated at great length and very fully considered. All the committee hearings were open to all delegates who desired to be heard.

One or more members of the United States Delegation attended every meeting of the various committees and the Delegation kept in close touch with the debates and developments of the Conference. The United States Delegation has at all times given full and careful consideration to all suggestions received from time to time from representatives of American interests. As occasion arose suggestions and explanations were made by our Delegation when proposals were in debate which in our opinion if adopted might injure American interests or hinder or prevent the eventual adhesion of the United States to the Convention. The observations of members of the American Delegation were at all times given careful consideration by the Conference.

The official text of the Convention adopted by the Conference and signed in Rome on June 2, 1928, is hereto attached, accompanied by an English translation.

The proceedings of the Conference, reports of committees, and all documents issuing from the Secretariat General also appear in the Appendix to this Report.

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