Lapas attēli


National Association of Photoengravers: B. W. Wilson, jr.?

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 ?, vice-president; A. Beverly Smith, secretary; Fanueil D. S. Bethune?,, counsel.


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


United Typothetæ of America: Isaac H. Blanchard", of executive committee; Chas. W. Ames?, 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. Coakleys.


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


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


American Bar Association-Advisory committee: Arthur Steuart?, 3, chairman; Edmund Wetmore?, Frank F. Reed (not present).

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


International Advertising Association: Will Phillip Hooper?, ?; James L. Steuart?, counsel.

The Sphinx Club: Will Phillip Hooper?, ?.


Samuel J. Elder, of Boston; André Lesourd", of New York; A. Bell Malcomson", of New York; Ansley Wilcox", of Buffalo; A. W. Elson?, ?, 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. Hughes?, ?, of the Solicitor-General's Office (present, but not for formally participating).

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

NOTE.- Persons marked?, ?, or 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 à 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 substantial 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 provisions-
objection 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 copy-
right office, which were embraced in these particular publications,
setting forth the present law in this country and all previous enact-
ments in this country-a bibliography, indeed, of all bills introduced into
Congress, all amendments of the copyright laws, and the laws in for-
eign 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 vol-
umes, 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 analy-
sis 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 com-
mittee, made a part of the record, and the same is as follows:)


A.-Some leading features.
As the present law consists of but a group of statutes, and the proposed bill is sys-
tematic and organic in form, the changes which it introduces other than mere abro-
gations are not easily explained by mere referen to the existing statutes.
Throughout attempt has been made to substitute general terms for particular specifi-
cations, 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 amplities 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,

or size.

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,

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 particu-
lars. 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 "reproduc-
tions 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 subject-
matter (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 char-
acter, and new matter contained in new editions.

Labels and prints relating to articles of manufacture hereafter to be registered in
the copyright othee 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 liv-
ing 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 aiter publication; in the case of a peri-
odical 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 pub-
lication, 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

Extends (sec. 13] the “manufacturing clause" to include texts produced by litho-
graphic 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

nusical 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 Eng-
lish, 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 fiity years. Abolishes renewals.


The bill also makes provision for the extension of subsisting copyrights to agree with the term provided in the present bill where the author is living or his widow or a child, provided the publisher or other assignee joins in the application for such extension. (See section 19 of the draft.)

The right of dramatization or translation must be exercised within ten years or it will lapse.

Protection of copyright.The present statute (Rev. Stat., sec. 4965) attempts to define acts which shall constitute infringements. The bill, having defined the exclusive rights which the copyright has secured to the author, defines (sec. 23) infringement as "doing or causing to be done” without his consent “any act the exclusive right to do or authorize which” is “reserved” to him. It contains, however (sec. 22), the one specification that “any reproduction” without his consent "of any work or any material part of any work” in which copyright is subsisting, shall be illegal and is prohibited.

The civil remedies open to him (sec. 23) are the injunction and an action for damages and profits, or, in lieu of actual damages and profits, “such damages as to the court shall appear just, to be assessed” upon the basis of so much per copy or infringing act, but to be not less than a total minimum of $250 and maximum of $5.000. And the infringing copies are to include all copies made by the defendant, and not merely those “found in his possession" or "sold or exposed for sale.” A provision for the impounding and destruction of infringing copies and means for producing them

Protection provided for [sec. 21] against publication or reproduction of any unpublished copyrightable work.

A willful infringement for profit, now a misdemeanor in the case of such a performance or representation of dramatic or musical compositions, is made a misdemeanor in all cases, as is also the insertion of a false notice of a copyright or the removal of a true one. [Sec. 22.]

Importations (secs. 26-29]. - Detailed provision for the treatment of copies supposed to be infringing or otherwise prohibited. Exceptions to prohibition modified as below under memorandum "B."

Suits secs. 32, etc.)- Actions may be instituted "in the district of which the defendant is an inhabitant, or in a district where the violation of any provision of the act has occurred.”

Limitation of actions to be three years instead of two and to apply to all actions under the act. (Sec. 34. ]

Transjers [secs. 37-45]. --Definitions of the copyright as distinct from the property in the material object and of the copyrights in derivative works as distinct among themselves.

The copyright office. -Sections 46 to 60 provide specifically for the administration of this.

Catalogue of title entries.—Detailed provision is made for the continuance of the printing of the catalogue on the allotment for printing of the Library of Congress (see secs. 55 and 56 of the draft); and the catalogue is to be made prima facie evidence of deposit and registration.

Provision is made for the reprinting of the indexes and catalogues in classes at stated intervals, with authority to destroy the manuscript cards included in such printed volumes. The current catalogues to be distributed from the copyright office, and sold at a price fixed by the register; the subscriptions to be received by the superintendent of public documents.

Following the provisions for the indexing and cataloguing of the articles deposited, provisions are made, in sections 57, 58, and 59 of the draft for the public inspection of the copyright office record books and deposits; for the permanent use of such deposited articles; for their transfer to other Government libraries where unnecessary to the Library of Congress; and for the disposal of accumulations of useless articles.

Section 60 provides for fees. A uniform fee of $1 for registration; but this is to include the certificate which is to be furnished in all cases [a separate charge is now made for it). And the certificate is given a new importance as prima facie evidence of the facts which it sets forth, including deposit and registration, thus exempting the complainant in an action from other affirmative proof of compliance with these formalities. A single fee for certain registrations heretofore requiring multiple fees.

B.- Provisions of existing laws which are omitted from the bill. The existing law is set forth in the twenty-odd pages of "Copyright Office Bulletin No. 1." It consists of Article I, section 8, of the Constitution, sections 4948 to 4970, inclusive, of the Revised Statutes, and twelve later acts in amendment thereof. The

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