US Copyright Office: ar-1934

8/14/2019 US Copyright Office: ar-1934

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THE LIBRARY OF CONGRESSCOPYRIGHT omm

THIRTY- SEVENTH ANNUAL REPORTOF THE

REGISTER O F COPYRIGHTS

FOR THE FISCAL YEARENDING JUNE 3Q

19312

UNITED STATE9GOVJSRNMENT PRINTING OFFIC8

WASHI- :


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P U B L I CA T I O N S O F THE COPYRIGHT OFFICETh e following publications were issued in limited editions, but m ay be ha d (8 0f a r as an y a r e s t il l av a i lab le ) f ro in th e SU P~IAT ~EN DEA TF DOCUMENTS, ASH-l a o m n , D. C., upon payme nt in adv anc e of th e nominal price given, whichincludes poetage.Postal money orders o r draf t s should be made payable and addressed to theSUPEEIN~DERTOF PUIEIJOOCUMENTB. Stam ps and uncertlfled checks a re not

accepted.B r n t e r I a No. 3. Paper , 1512. cloth, %.Copyr ight E nactments of the United States , 1783-1906. 26 ed., rev., 174

pp. 8 1908.B u m m a No. 8. Cloth, 86c.Copyright In Congress, 17891909. A bibliography and chronological rec-ord of all. proceedings in Congre88 in relation to copyright. 468 pp. 8.

1005. .B n u e m a No. 11. Paper , 10c.Copyright in Japan. La w of March 8, 1890, and copyright conventionbetween the United States and Jap an, May 10, 1908, ogether with the tex tof earl ier enactments. v+M) pp. 8". 1908.Bu-n No. 14.The Copyr ight Law of th e Unlted S ta tes of America, being the act ofMarch 4,1909 in force Ju ly 1, I W ) , s amended by th e act s of August 21,1912, March 2, 1913, March 28, 1014, December 18, 1910, July 3, 1926,and May 23,1928, ogether with Rules for Practice and Procedure undersection 25, by the Supreme Court of the United States. 66 pp. 8.. 1939.BULtEnn NO. 17. Cloth, SW.Decid ons of th e United Sta tes courts involving copyright. 1W1914.Second enlarge d edition. vi, 279 pp. 8". 1928.BUL.I.ETIR NO. 18, Cloth,Decisions of th e United S tat es co ur b involving copyright. 1914-1917.

ir. 605 PP. 8.. 1918.Bummn No. 10. Cloth, $1.Decisions of the United States courts involving copyright. 1018-1924.xi, 477 pp. 8.. 10!26.D s a M A n c C o ~ p o s r n o n s C O P Y R I O H ~R THE U r m m S T A ~ ~ ,870-1916.[Over 60,000 titles alphabetically arranged, with complete index to authors,proprietors, translators, etc.] 1 p. I., v. 3547 pp. 4". 1018. 2 vols.Cloth, $4.I N F O B M A ~ ~ HI R ~ P B . O. 4 . 4 e x t of t h e C on ve nti on cr ea ti ng a n I n te r -nationa l Copyright Union. Berne, 1886. 13 pp. 4 No. 4 A.-InternationalCopyright Convention. Revised text , Berlin , 1908. 10 pp. 4. No. 4 B.-Additional protocol to the Int erna tion al Copyright Convention of Berlin,

November 18,1808, igned a t Berne, March 20.1014. % pp. C. No. 4 C.-Internatio nal Copyright Convention. New revision, signed at Rome, June 2,19%. French text, with BInglish translation. 14 pp. 4n


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CONTENTS

Accounts------ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Copyright Office publications- - - - - .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - -International copyright-- , - - - - - - - , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Congreea considers the Copyright Convention-- - - -.--- - - - ------ - - - -Design protection-------------------------------------------------Pan AmericanCoufemnce-------------------,--,--,---,--------,--,A Century of Progress IChicago Fair, 19381-----------,------------

EXHIBITSA. Receipte------------------------------------------------------B. Feerr----------------------------------------------------------C. Yearly comperieon---------------------------------------------D. Registratione-,--,-------,-----------------------------,--,--,-E. Articles depodted------------------------------,---,---,-,,,,,,

ADDENDA

IV.

Copyright proclamation in favor of Palestine - - - - - - - - - - - - - - - - , - - - -Copyright proclamation in favor of the Free City of Daneig,-,----,International Copyright Convention with the President'e mesaage[Executive E. .73d Cong., 2 . pss.]-- ---,- -- - - - - - - ----- - - - -A bill to ellable the United S t a b o enter the Iuternat~ionalCopy-right Union @. 1928). In the Senate June 6 (calendar day,Juue lo) , 1983. By Mr. Cutting--_,--_,--_-_- - - - - - - - - , - - - - - - -- nx


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REPORT OF THE REGISTER OF COPYRIGHTS FORTHE FISCAL YEAR 193334WASHINGTON,. C., Jv l y 9,1934.

SIB: he copyright business and the work of the Copyright Offimfor the fiscal year July 1, 1933, to June 30, 1934, inclusive, aresummarized as follows :

The gross receipts during the year were $258,829.53. A balance of$17,616.71, representing the trust funds and unfinished business, wason hand July 1, 1933, making a total sum of $276,446.24 to be ac-counted for. Of this amount the sum of $5,489.06 was refunded asexcess fees or as fees for articles not registrable, leaving a net bal-ance of $270,957.18. The balance carried over to July l, 1934, was$19,365.68 (representing trust funds and total unfinished business),leaving fees applied during the fiscal year 1933-34 and paid info theTreasury, $251,591.50.These fees show a slight gain over the previous year (the fees forlast year being $250,995.30) while the gain in the number of entriesis sti ll greater, the figures being 139,047 as compared with 137,624for 1932-33. The gain is slight in amount, but is signilkant becausethis is the first year since 1929-30 to show an increase over the pre-vious year. It is perhaps pertinent to observe, however, tha t whilethe copyright entries have shown a slight loss annually during theyears of the depression until now, the amount of daily correspond-ence has been heavier, as though one result of UK depression hadbeen to cause more letter writing.

The annual applied fees since July 1,1897, we shown in exhibit C..(See p. 17.) -.EXPENDITWRES

The total expenditure for salaries was $214,946.90. The expendi-ture for supplies, including stationery and other articles a d ostageon foreign mail matter, etc., was $1,281.68. The total expenditureswere therefore $216,228.58. This sum deducted from $251,591.50,fees received and turned into the Treasury, shows a profit of$35,362.92 to the credit of the Copyright Office.The total appropriation made by Congress for salaries in theCopyright Office fo r the fiscal year 1933-34 was $!228,800, less the

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amount impounded, representing the legislative reduction in salaries,$11,126.67, leaving the net amount available $217,478.88;During the period of 37 years (1897-1934) the copyright business,as evidenced by the applied fees, increased nearly fivefold. Duringthese 37 years since the organization of the present Copyriglit Officethe copyright fees applied and paid into the Treasury have amountedto a grand total of $5,145,392.10, and the total copyright registra-

tions have numbered over four millions (4,743,821). The feesearned ($5,145,392.10) were larger than the total of salaries paidduring the same period ($4,273,23084) by $872,181.86.In addition to this direct profit the large number of over 7,000,-000 books, maps, musical works, periodicals, prints, and otherarticles deposited during the 37 years were of substantial pecuniaryvalue and of such a character tha t the accession of most of these tothe Library of Congress through the Copyright Ofice effected rrlarge saving to the purchase fund of the Library equal in amountto their price.

COPYRIGHT ENTRIES AN D FEESThe registrations for the fiscal year numbered 139,047. Of these28,289 were registrations for unpublished works at $1 each; 102,903

were registrations for published works at $2 each; 866 were regis-trations of photographs without certificates at $1 each. There werealso 6,989 registrations of renewals a t $1 each. The fees fo r theseregistrations amounted to a total of $241,950.

SUMMAEY OF COPYRIOET BUSIKIIJBBalance on hand July 1, 1933 .................................. $17,616.71Gross receipts July 1, 1933, to June 30, 1934-----------,--,------58,829.65Total to be accounted for-,-----------------------Z76,44B.24R e f u n d e d - - - - - - - , - - - - - - - - - - - - - - - - - - - - - - - 5,489.06

Balance to be accounted for --------,--------------,,-- 2'70,957.18Applied as earned fees.............................. $251,591.60Balance carried over to July 1. 1934:Trust funds---------,-----16.811.18

Unfinished businem------------- ,,--- 2,564.M) 19,365.08 270,957.18FEICB FOB FIBCAL YEAB

Fees for registrntlon of published works, at $2 each-,-------05,806.00Fees for registration of unpublished works, at $1 each------------ 28,289.00Fees for registration of photographs without certificates, at $1 each- 868.00Fee8 for registration of renewals, at $1 each----,,-,----,,[email protected] fees for registrations recorded...................... 241.860.00


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REPOBT OF THE BEpIBTEB OP COPYBIOHTBFees for certifled coplea of record, at $1 each-,--------678.00Fees for recording assignments------,----------------,602.00Searches made and charged for at the rate of $1 for eachhour of time consumed............................... 880.00Notice of user recorded (music) -----,------,,----------- 218.00Indexing transfers of proprietorship ................... 118.60

$@, 41.mTotal fees for the flscal year, 1!XB-S4--------------------- %l , 601.W)

EN-Number of registrations- , - , - - - - , , , - - - - - - - - - - - - - 182,068Number of renewals recorded ---------------,,,,--------------- 6,888

r O t a l - - - , - - - - - , - - - - - - - - - - - - - - - - - - - - - - - - - 180,017Number of certified copies of record- --,---,,---,-----,--------- 818Number of assignments recorded or copied-----,-----,------,------,176COPYRIGHT DEPOBIW

The total number of separate artides deposited in compliance withthe copyright law which have been registered during the fiscal yearis 217,912. The number of these articles in each class for the lagt5 fiscal years is shown in exhibit E. It is not possible to determineexactly how completely the works which claim copyright are de-posited, but in response to inquiries received during the year fromthe card division, the amesions division, law division, and the read-ing room in regard to 689 books supposed to have been copyrightedbut not discovered in the Library, i t was found that 38 of these workshad been received and were actually in the Library; 21 boob hadbeen deposited and were still in the Copyright Office;98 works wereeither not published, did not claim copyright, or for other vaaidreasons could not be deposited; while in the case of 129 works noanswers to our letters of inquiry had been received up to June 80,1934. Copies were received of 403 works in all in response 40 ze-quests made by the Copyright =during the period of 12 monthfor works published in-recent yeam

Our copyright laws have required the deposit of copies for theuse of the Library of Congress, and the act in force. demands a de-posit of two copies of AmericarL books, and one of foreign booksregistered. The act provides, however, that of the works depositedfor copyright, the Librarian of Congress may determine (1) wha4books or other articles shall be transfemed to the permanent collw-tions of the Library of Congress, including the law library; (2)what other books or articles shall be placed in the reserve cdlectiomof the Library of Congmss for sale or exchange; or (3) be trans-ferred to other governmental libraries in the District of Cdumbirfor use therein. The law further provides (4) that artides r8rn.k-


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4 REP ORT OF THE REOISTEB OF OOP YBW-ing undisposed of may upon specified conditions be returned to th eauthors or co pyright proprietors.Du ring the fiscal year a to ta l of 109,030 curren t articles depositedhave been transferred to the Libr ary of Congress. Th is numberincluded 36,117 books, 61,890 periodical numbers, 7,782 pieces ofmusic, 2,365 maps, and 876 photographs and engravings.Under authority of section 59 of the act of March 4, 1909, therewere transferred during the fiscal year to other governmental libra-riea in the Distric t of Co lumbia fo r use therein, 3,991 books. Und erthis ' transfer, u p to June 30, 1934, the following libraries have received a total num ber of books a s indicated below since 1909:Department of Agriculture, 4,130; Department of Commerce,22,246 ;Navy Department, 1,872; Treasury Department, 1,496 ; Bu-reau of Education, 20,399; Federal Trade Commission, 20,352; Bu-reau of Stan dard s, 2,094; Ar m y Medical Lib rar y, 8,631; Wa lter ReedHospital, 2,884; Engineer School, Corps of Engineers, 3,153; Sol-diers' Home, 1,600; Pub lic Li br ar y of the Dis tric t of Columbia,54,067. A num ber of oth er 1ibraries .hav e received a smaller numberof books, und er 2,000 volumes each. I n all, 165,142 volumes hav ebeen thus distributed during th e last 25 years.The Copyright Act of 1909 authorizes the return to copyrightclaimants of such deposits as are not needed by the Library ofCongress or the Cop yright Office, afte r du e notice as required by 8ec-tion 60. I n the ordina ry routine of business or in response to specialrequests 2,527 motion-picture films and 63,876 deposits in otherclasses have been so re turned du rin g the fiscal year.

INDEX AND C A T A U M O F COPYRIGHT ENTRIEEAl l copyright entries ar e prom ptly indexed. Th e index cards areultimately inserted in to th e gr eat c ard indexes covering all classesof copyright entries from 1897 to date and now numbering approxi-mate ly 9,000,000 cards, These card s ar e first used as copy for theprinted Catalog of C opyrigh t Entries, the current numbers of whichbind up, with annual indexes, to'cover for each class all the entriesmade fo r the calendar year. Th e annua l volumes for 1933 are allcompleted.The subscription price for tho complete catalog for the year is$10, and for the separate parts as fol lows: Part 1, group 1, books

proper, $3 ; a rt 1,group 2, pamphlets and maps, $3 ; a rt 1,group 3,dramatic compositions and motion pictures, $2; part 2, periodicals,$2; part 3, musical compositions, $3; part 4, works of art, photo-graphs, prin ts, and pictorial illustrations, $2; single numbera (exceptbook leaflets), 50 cents; ann ual indexes, each, fo r complete calendaryear, $2; sll parts for complete calendar year, $10.


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The appropriation for printing the Catalog of Copyright Entriesfor 1933-34 was again cut by Congress in pursuance of the pro-gamfor greater economy in departmental expenditures. The cuts in theappropriation have made it necessary to reduce the size of the cata-log by omitting some of the fuller details induded in the entriesas formerly printed and preserving only the bare facts essential toidentification of the copyright entry. This practice has been fol-lowed throughout the year.

The Office suffered a serious loss in the death of Caapar G .Dicksonon October 6, 1933. His unusual equipment and rare qualificationsfor his work rendered him extraordinarily valuable to the O h .His familiarity with both literrtture and music furnished an un-usually comprehensive knowledge upon which to base his searchesfor facts of copyright, wherein his work lay. I n addition he hadgained a familiarity with the details and files of the Office duringhis 33 years of service which no other person now hns to the sameextent. Such usefulness as his, acquired only by long experience,is irreplaceable for a time when its possessor is taken away.

A large part of the business of the Copyrigl~tOffice is done bycorrespondence. The total -letters and parcels received during thefiscal year numbered 184,541, while the letters, parcels, etc., dis-patched numbered 190,658. The latter figure shows a veryconsiderable increase over last year.ACCOUNTS

On July 6, 1934, the books of tho Copyright Ofbe were balancedfor June, the accounts for the fiscal year were closed and the finan-cial statements completed for the Treasury Department, showingthat all earned fees to June 30 had been paid into the Treasury.

COPYRIGHT OFFICE PUBIdOATfOWBThe copyright law of the United States now in force was reprintedduring the year as Bulletin No. 14 of the Copyright Office as usual.Other than this and the Catalog of Copyright Entries printedperiodically the Office has published nothing during the year, but

has now ready fo r publication a further volume of compiled decisionsof the courts relating to copyright which it is hoped will soon bprinted to continue the series published in previous years.80887-


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6 REPOBT OF THE R E O ~ T E E OF COPYRIGHTSINTERNATIONAL COPYRIGHT

New copyright proclamations have been issued within the periodcovered by this report extending copyright privileges in the UnitedSt.ates to nationals of two other countries in exchange for pisotec-tion accorded to American authors in those countries, viz: Palestine,signed September 29, 1933, effective October 1, 1933; Free City ofDanzig, signed April 7, 1934, effective the same date. The procla-mations are printed in full in the addenda on pages 23 and 25.Ratification by Nicaragua of the convent.ion revising the Conven-tion of Buenos Aires on Literary and Artistic Copyright adopted atthe Sixth International Conference of American States held a tHabana, February 1928, is reported by the Department of State ashaving'been effected Apri l 4, 1934. The number of rati fying coun-tries has thus been increased to 4, the other 3 being Panama,Guatemala, and Costa Rica. The United States has not yet ratifiedthis Habana Convention.During the period covered by this report the following countrieshave declared adhesion to the Berne convention as revised at Romein 1928, as announced in Le Droit d'Auteur, official organ of theInternational Copyright Union :Denmark, effective September 16, 1933.France, effective December 22, 1933.Germany, effective October 21, 1933.Malay Federated States, effective January 10, 1933.Newfoundland, effective December 11, 1933.Syria and Lebanon Republic, effective December 24, 1933.Tunis, effective December 22, 1933.With these added it is understood that 27 countries of the Unionhave now subscribed to the Rome Convention.

CONGRESS CONSIDERS THE COPYRIGHT CONVENTIONThe only interest in copyright legislation shown by Congress inthe last session was seen in the action taken by the Senate Committeeon Foreign Relations in regard to entry by the United States intothe International Copyright Union, under the Convention of Romeas provided for in the Cutting bill (S. 1928)2 which had been intro-duced in the Senate towards the close of the first session of theSeventy-third Congress and referred to the Committee on ForeignRelations.

IRor the full text of the convention and of the m transmlttlng It , 6ee p. 27 ofthls report.21933 (June 10). A blll to enable the Unlted Btntes to enter the InternatlonslCopyright Unlon. Introduced by Mr. Cuttlng. 8. 1928. 73d Cong., 1st sees. Eteferwdto the Committee on Forelgn Relatione. For the full text oC M a bU1 m p. 80 of t h 1mreport.


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The Convention of lk*rrl(- 1s r ' (*viwl : ~ ttome was ransmitted bythe President to the Scn:itc: O I I I " ( ~ I ~ I I : I I - Y!) , 1934, and was referredto the Committee on Fore igl~ tc4;1l orl*.

With this treaty before it ancl witll ( I I ( ~ ('lilt illg-TAuce bill in itshands as a sort of enabling act to ~ I I I ~ ~ I ( * I I I ( ' I I II I ( S I ~ ( u : I ( ? if and whenthe Senate should rat ify it, the Commitkc. ~ I I('or.c.iyr~ ic.l:~Iorls lielda restricted hearing on March 28, 1934, at \ v l~ i c . l l 1 I I ( . I V \v(.I.(. bi .c ~~ it ,officially or by invitation, besides the 8 or 10 anvl~ll,c.r.+F 111t. ( .OIII-mittee in attendance, Senator Bronson Cutting. I 1011. S ~ B I~ ~ ~ W I I I I ,Dr. Wallace McClure of the State Department, Hon. 1itJ~vt.t 'II~~(,I*-wood Johnson, Mr. Thorvald Solberg, formerly Ibgiht(-~'I I' ( ( 14by-rights, Mr. M. J. Flynn, representing the International Ailicvl Ori I ~ing Trades Association, and Dr. M. Llewellyn Raney, dir.c.c.lo~. I 'libraries of the University of Chicago.

At this hearing Dr. McClure explained the desire of t l~vSr:lrc,Department for ratification of the convention on grounds of III 'O-moting American interests abroad. Mr. Johnson, ever the st;A\v;II.Ichampion of the right s of authors, whether American or foreign, : I I I ~Mr. Solberg, earnest advocate of international copyright, with otllvrs,urged favorable action on the bill. Mr. Flynn opposed it beci~llsc!he believed that labor would thereby lose some df i ts protection i r ~the printing of books.

A t about the same time Mr. Robert Underwood Johnson made pub-lic, through the daily press, a letter addressed to him by PresidentRoosevelt expressing the satisfaction tha t he (the President) wouldfeel to be empowered to negotiate the treaty and make the UnitedStates a party to the Rome Convention.

Thereupon there followed considerable comment and discussion,editorially and otherwise, in the daily press. The New York Times,the Boston Transcript, the Herald-Tribune, the Washington Post,the World-Telegram, and the Nation, spoke out strongly for rati-fication of the treaty. Some ndverse comment was offered by thePublishers' Weekly and others who believed that the American pub-lishers and copyright proprietors might lose valuable advantages ifwe joined the union under the Rome Convention without some reser-vations and without first amending our own copyright law. Thercwas obviously a feeling that the American author would be put irla disadvantageous position as compared with the foreign antlror,since the former would still be required to print his book in tllc.United States, as he does now, while the foreign author wo~rlcl 1101be subject to these restrictions. Fo r i t is to be observed tll:~tolirlaw excepts from the requirement of American manufactt~rc111 lrnd


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BEPOBT OW THE BEOIGTES OF O O P Y B I O ~ 9a s to allow time fo r approp riate legislation to be fram ed which wouldbring the American copyright law into line with the convention. H efurther suggmted that the subcommittee continue in existencethroug h the summer, with power to call fo r assistance from G overn-men t experts an d others interested in the fra min g of such a bil l 8swould be necessary, which could be int roduced promptly at the be-ginning of the next session.H e was followed by others who spoke in fa vor of th e early entryof t he U nited Sta tes into the union, although some of them objectedto bil l S. 1928. Among them were Mr. William Hamilton Osborne,counsel for the Authors ' League; Mr. Frederic 43.Melcher, chair-m an of the cop yright com mittee of the N ational A ssociation of BookPubl ishers ; Mr. James L.Brown, in charge of the Patent , TradeMark, and Copyright Section of the Department of Commerce;Mr. John Macrae, of the firm of Messrs. E. P. Dutton & Co.; MissLeila Mechlin' of the American Federation of A rts ; Dr. Jo hn H.M accrac ken, associate director of the Am erican Council on Educa-tion; Mr. William 0. ufts, representing the map publishers; andMr. Thorvald Solberg, former Register of, Copyrights.The opponents were h e a ~ d n the fol lowing day, May 29. Sen-a tor Dill opened the discussion. Spe aking a.t some length, he op -posed the treaty which, he thought, should be carefully scrutinizedby Congress, and he severely criticized th e bill which, he sa id, wouldwipe out existing legislation that has heen in operation for years.H e believed that there would be reasons for ' going in to the BerneConvention if we could make some reservations but that we oughtnot to "scrap 140years of copyright law to gef in.", Further objections to the bin were voiced by many speakeirr,among them being Mr. E. P. Kilroe, at torney for the Fox Fi lmCorporation, Mr. Jul ian Brylawski, representing the Motion PicturnThe ater Owners7 Association, and Mr. Fulton Brylawski, Mr. 08-wald F. Schuette, represe nting th e Na tional Association of Broa d-casters, Mr. William 3.Warner, president of .the National Publish-ers' Association, Colonei Robert E. Coulson, and Mr. M. J. Flynn,representing the printing trades, who declared unequivocally thatlabor is opposed to ratif ication of this tre aty and to the passage ofth e Cutting-Luce bill at this t ime. H e suggested tha t during the sum-mer the Sta te Depar tment might hold conferences wi th all inter-ested parties, with a view to working out something t h d bsacceptable to the various conflicting interests.Reviewing the hearings as a w h d e it a p p e m t h a t w hile t h eobjectors were the more articulate in that they m d a l l e d m orespeakers and made their points quite specific, th e advocates of thet reaty took their stand upon a somewhat higher level of argumentand revealed a support which carried much weigbt, sinse they W


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10 REPORT OF THE REQDSTEa O F COPYRIQE9!Son their side the endorsement of the President and of infiue~ltiulmetropolitan journals. Thus what Hon. Robert Underwood John-son and those associated with him considered a measure of justiceand fair play on the part of the United States, tending to securemutual protection for authors in all countries, was opposed by thepractical considerations which the publishers, broadcasters, and mo-tion-picture producers believed necessary for the successful conductof their industries.

There the matter rests for the present. The hearings have beenprinted and presumably are to be obtained from the Chairman of theSenate Committee on Foreign Relations.

DEBION PR-ON

Two new bills were introduced in Congress during the session deal-ing with the protection of designs but containing no proposalsaffecting the Copyright Office.

On January 25, 1934, Mr. Peyser introduced a bill (H. R. 7359)to amend the law relating to design patents to provide for the regis-tration of designs, and for other purposes, which was referred to theCommittee on Patents, and on March 23, 1934, Mr. Nye introduceda bill (S. 3166) similar in all respects to H. R. 7359, which was alsoreferred to the Committee on Patents.'

This is an entirely new measure. It proposes to transfer theproblem of design piracy into the realm of unfair . competition byproviding for registration of designs under the N. R. A. codes. Theregistration of designs would be done under a special committee ofthe trade association in each industry, and the Commissioner ofPatents is authorizedto prescribe rules and regulations.

Congress adjourned on June 18,1934, without taking action on thebill, but the probability now is that efforts to secure this legislationwill be resumed.

Meantime, i t is of interest to note in connection with protectionof designs that on May 15, 1934, Mr. Byrnes introduced in theSenate, Senate Joint Resolution 120, authorizing and directing theFederal Trade Commission " o investigate and report regarding thepiracy, infringement, imitation, or simulation of designs, trademarks, patterns, shapes, forms, and other distinctive marks or dressof goods."'- 8 1934 (Mar. 20 (calendar day. Mar. 2 3) ). A blll to amend the law relatlng to deaignpatents to provide for the registration of &?sign& and for other purposea lntrodocedby Mr. Nye. 8. 3160, 73d Cong.. 2d eesa Referred to the Committee on Patenta1984 (May 10 (calendar day, May 15) ). Joint resolution authoririn# and dlmetlngthe Federal Trade Cornmlssion to Inrestisate and report regarding the plmcy, infrlngo-menf Imitation, or ldrnulation of d ~ g n r ,rade mark& pattern* h p e q and o t bdlstinctlre marb or drew of goo&. Intmdoced by Mr . By- 6. 3. R a . 120. B e i dto the Committee an Interstate Corn-


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REPOBT OF TEE REQIBTER OF W F Y B I O H 11/

P A N AMERICAN CONFERENCE . .iThe Seventh International Conference of Arfierican St* heldat Montevideo, Uruguay, December 1933, undertook no d&ussionconcerniilg the copyright relations among the various countries rep-resented. It did, however, adopt a resolution calling for creationof a committee to prepare a preliminary draft convention whichshall harmonize its own findings with the principles set forth in theConvention of Berne as revised a t Rome in 1928, and report its

conclusions to the Pan American Union. This was in accordancewith the preliminary program for the conference apl~rovedby thegoverning board of the Pan American Union at its session May 31,1933, which included under chapter V I on Intellectual Cooperation:SEC.2l. Inter-American copyright protection and the possibility of reconcilingthe Habana and Rome conventions'The report was subsequently made by the executive committee ofthe American InstitGte of International Law and was printed by thePan American Union as Document No. 5 of the Montevideo Con- 'ference.

A CENTURY OF PROaRE88 (CHICAGO FAIR, 1088

The year has passed without any requirement for establishing thebranch copyright office at the Chicago Fa ir as provided (if de-manded) by the act approved July 19, 1932. No registrations weremade under this act.Respectfully submitted.

WILLIAM . BROWN,Register of Copyrights..HERBERTUTNAM,Librarian of Conpan.See Bulletin of th e Pan American Union, July 1888, p. 551.


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EXHIBITSPamA. Raceipia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

B.Fe4?a- - , - - - - - - - - - - - - - - - - - - - - - - - - - - -6C. Yearly cornpariaon-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - 17D . Registretione-----,-----------------------------8E. Articles deposited-& - -----;- - - - - ----- - - - -- - - - - ---- - - - --- - - - 1913


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EXHIBIT B. RECORD OF APPLIED FEU6

July...............A w u t............Septemk. .--.-.-Octoter...........Norem k. . -..---Demmk.-. . . .

January..-. .......February.........March............

..............wl1May..............June..............

July..............Aopust...........

.....eptemk..October.. ........Noremtmr.. .....Decemhsr... .....

Jnnuary..........February.. ......March.. .........April.............Mny.. ...........June.. ...........


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EXHLBIT CSTATEMENT OW GROSS CASH RECEIPTS. PEARLY FEES,NUMBER OF REGISTEA-TIONS, ETC.. FO R 37 FISCAL YEAHA

I I I I -(ear

1887-88- .............................1885-99- .............................1886-1800............................'I m I m I - .S14 -......................................................1902-03- .............................1803-0(..............................1QO ............................1w5-W- .............................1908-07-.............................1Qo7~..............................1808-09- ..........................................................m-10..191411-. ............................1911-12. .............................1912-1s- .................*---------1913-14-.............................1914-15- ..............................191616-..............................191617. .............................1917-18. .............................1918-19. --. . .----- - - - - - -- - -- -1919-XI- ..........................................................eP 21-19a1-n. .............................10ZZ-23..............................1829-24..............................1924-25.2 ............................1925-28- ......-............as.........IP?bR. --..---.-.- --.- - - -- -- -1 m - a . - -. -: ..28 28 28 - 8 --.8 - -- - 8 --1m-8. .............................1928-30. .............................11 .............................1931-32. .............................1992-33. .............................18ab94. .............................

w9ae.50sE,m.00'%=m84687.5064,087.006q 74.Mn.m.00qm .mso, 0s.w84, (186.0082,387. CQ83,816.75

1M.W. 05100.91S. 95116,asa.05114,980.a)150,219.25111.OP75Ilaflea.86110,on. 0106,saz40113,IIR.COI'm, 49a. 2s13451R. 1b1% ala 15149,an.a,IW, m.eo1eo.m. 55I78,307.%Jla,m.lI!& 5.67.c3*1,985.803n,mmm,414. so280,OR1.m,m.a026l,59l. M

-........................

5,423 ............19,S30 ......................... 2 7

827 ............hW1 .........--.S 151 ............

............am4,830 ............0,126 ........................ 4, OB'Ia89 ......................... 11,057a lac ............

h r n ............-------.---I.*3 , m ........................ 7,ffll774 ........................ 4,573............ 4,710

(g275 ............13,.W ............8, 518 ............a,= .....-...-.,10.318 ............

13,740 :............3,lM -------.-.-

11.787 .6,m ............9,914 :........................ 5 1 , m

10, rn.............- - - - - - - - - - - - 6 s------------ 12,907............ 14,3111,028 ............


19/39

EXHIBIT DNUMBER OF REOIBTRATIONB MADE DURINO THE LAST 6 FIBOAL YEARB

Clan

A

B0DEQHIJKLMB

Subject matter of w p y a h t

Boob:(a) Printed Ln the Unlted Btatar:

Contributlona to newspapas and7.740

Totd-----.-.---...--------------(b ) Printed abroad in a foreign anguage. - -(c) English books registered for a d- in ta mwpyritht- --- --.. . . ..--.-- -- -

ToW--..----...-----------------Periodicals (numban)..------...-------------Lectures, sermons, ad- ..---.-----------Dramatic or dra mat i~m usl cal mpositiom-Musloal wmpo sit lm..---..-----------------

F M a p -..----.----..----------------------Works of a t . models or design#--...........Reproductions of works of rt.--.-.--.-.-.-..Drawings or plaptlc work8 oI a s c l e n t l ~

technleal character....-...-.-.....--..-----Photograph#...-----..-------..--------------Prlnts and plctorlsl Ulustrat&m.---.-.------Motlon-plctum photoplaya.--...-..----------Motion plrtr~res ot phot opl ay~-.--.-...---Renew* ----,.......---..-------..-.....,-.

~ 0 t . l.~ .~~~~~~.~.~o t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . lo t . l .o t . lo t . lo t . l

66,9484,b641,228

.el,=43,888

W 74 3432,1292,6642,73401,6874,8119,170880

1 , a4987

172.m

64,0164,SSl1,lPB

59,65342,4166,W31,-2,9102, 6l0.1,W8,618448OU)011

4996IM,(I(P

1

W , W4,W1.M67,06638,I n

5214 96B,Idl12 400l , W2,6703,8M800OBb

4881)1 6 1 , ~ ~

I

44,1004,292149,084844b48884 W2818161,1782Q m01,-1,8828,143&I4 '7486,411

1m.w

48,bM3, lW1 1 8

4 8 Wa 8 1 94x4

4W21,0011,-4 4701,W1,6742,88482l81

4989ieo.ort


20/39

EXHIBIT ENUMBER OF ARTIOLEI DEPOBITED DURINO THY. I.AB0P 6 PlBOAL YE

1W-30 1030-31 108141 199249--'I* .-..----..---otJotJotJotJotJotJotJo tJotJotJotJotJotJotJotJ 97,025 0ti.W. 91,881 79,-

(b ) Printed abroad in a lorelgn language -- - 4,664 4, bBO 4,m 4. a82(c) English works reatered f a ad-intamcopyright..-..---.---------.--------,218 1,108 1 , 1 . w

TO W....-.---.---.--------------02,917 100,933 97,4 B 86,063B Periodlcab-......-.------------ ---- - - - 8 7 , W 84,C!30. 78,864 ?o,WC Lecturas, sermons, eta.-....-.-.......---.-- -5 a 1 1 ' wD Dramatlc or dr atlebmusical compos itiou. e 604 e , 7 , m 7 , ~.E Musical e o m p o s ~ h-- -- - - - - - - - . - - - - -1 ,W 88,040 86,881 ' 32,8BbF Maps---.-----.-.-.---------------------.----,947' 5,m a,& 2,mQ Worh of art,models or deaigna------.-----..,m. 2,633 4044 4394H Reproductions of worts dart--....--.-.-.-.. 0 0 . 0I Drawings or plastlc worts d a sdenttdo atechnlcalch8ractu..-----.-----------------, & l n . 4787: &sasJ ' Photographs........--------------------- 8,032 ; 6,W 4,m' $ MK Prints and pictorial illustrationr..-.-.--------4 887 ; % 761 4 sm :~ e,mL ; Motion-plcture photoplays.-.--....----------,779. l ,W 1,~IB 1, ~ P BM Motion pictures not photoplaya....--...-----, 1 , 0 p 1 , I, ua

T ~ W--.....---.-.-.------------------ti,214 %so waso tle,am1


21/39

ADDENDAP W

I. Copyright proclamation in favor of Palestine..-------------------- 2311. Copyright proclamation in favor of the Free City of Danzig--,----- 26111. International Copyright Converltion with the President's Message(Ex.El 3d Cong., 2d sess.) - - --------------.--- - - - - - - - - - - - - - 27IV. A bill to enable the United States to enter the International Copy-

right Union (S. 1928). In the Senate June 6 (calendar day, Junelo), 1933. By Mr. Cutting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

21


22/39

ADDENWM 1

A PROCLAMATION\\'HEREAS It is provided by the act of Co~lgressapproved March 4, 1909

(ell. 320, 35 Stat. 10754088), entitled "AN ACl' To amend and consolidate theActs respecting copyright ", that the copyrigl~t ecured hy the : ct , except thebenefits under section 1 (e ) tllereof as to wl~icli lKwlul conditions are lmpoeed,shall extend to the work of rul aull~or r ~)rol~r'irtorrpllo s a cit:zen or subjectof a foreign state or nntinn, only 11po11 ~ t ' t u i ~ ~~o~~tlitionsvt forth in section 8of th kact , to wit:"(a) When an alien nrlthor or proprietor sllall bo tlomicilcd within the UnitedStates a t the time of the first publication of his work; or" (b ) When the foreign st ate or nation of which such autllor or proprietor Isa citizen or subject grnnts, either by treaty, couvention, agreement, or law, to

citimns of the United Stat es the benefit of copyrigl~t u substantially the mmebasis as to its own citizens, or copyright protection substantially equal to theprotection secured to such foreign author under tllfs Act or by treaty; or when~ u c h ore:gn sta te or nation is a party to an international agreement whichprovides for redprocity in the granting of copyright, by the terms of whichagreement the Unitecl States may, at i ts pleasure, become a party the ret o";andWHEREAS i t is provided by section 1 (e) that the provisions of the Wt"s o fa r as they secure copyright controlling the par ts of instruments serving toreproduce ~nechanical ly he musical work, sllall include only compositions pub-lished and copyrighted after this Act goes into effect, end shall not iuclude theworks of a foreign author or composer unless the foreign state or nation ofwhich such author or composer is a citizen or subject grants, either by treaty.couvention, agreement, or law, to citizens of the United States similar rlghts";andWHEREAS the President is authorized by section 8 to determine by proc-lanlation made from time to t ime the existence of the reciprocal conditionsaforesaid, as the purposes of the act may require; andWHEREAS satisfactory official assurances have been received that on andafter October 1, 1933, citizens of the United States will be entitled to obtaincopyright for their work* in Palestine (excluding Trans-Jordan) which issubstantially equnl to the protection afforded by the copyright laws of theUnited States, includi~~gights similar to those provided by section 1 (e) ;

NOW, THEREFORE, I , FRANKLIN D. ROOSEVELT, President d theUnited States of America, do declare and proclaim:

That on and after October 1,1933, he conditions spccifiecl in section 8 ( b ) and1 (e ) of the nct of March 4. 1909, will exist and be fulfilled in respect of thec-itizens of Palestine (excluding Trnns-Jordan) and that on and aft er October1. 1938, citizens of Palestine (excluding Trans-Jordan) ahall be entitled to allthe beneflta of this act and acts amendatory tbered:

2s


23/39

24 R E P O ~ T F THB REGIISTZBOF COPYRIGETSPvovided, Th at the enjoyinelit by any work of th e rights and benefits con-

ferred by the Act of March 4, 1909, and tlie act8 ~illei idntor y hereof, allall beconditional upon coi~ipliniicewith the requirenieiits and foriiialities p r e ~ c r l k dwith respect to such works by the col)yright lawe of t he Uliited Stnt es;And provided ffzcrtlaet;Tlwt the provisions of section 1 (e ) of the Act of March

4, 1909, iiisofar as they secure copjrright coiitrolling pnrt s of ii ist rurnei~ts ew -ing to reproduce inwliaiiically musical works ~l i a l l pply oulg to coiiipouitions~ublisllerl fter July 1, 1909, an d registel*& f or copyright i11 the Unitecl sta te s\!-liich li me not h e l l re])rotluceil \vitliiii tlie United Stntes prior to Ovt tMr 1,1033, oil an y contrivnllce by nlenns of which t he work mny be mecliniiicallyperformed.

IN WITNESS WHEltEOF, I I~clre erelllito set my hnud and caowcl the sealof the Uiiitecl Sta te s of America t o IM affixed.

DONE a t the City of Wasliiiigton th is 29th day of September, in tlie year ofour Lord ~~iiieteeilundred a nd thirty-thre e, and of t he Iiidelwndence

[SUL] of the Uuitecl Sttltes of America the one Iiundretl and Aftyeighth.FRANKLIN D. ROOSEVHLT.

By tlie President : .CORDELLHuu,

Secretary of State.[No. 20681


24/39

WHEREAS it is provided by 1111. tic1 of Congress approved Marc11 4, 4WI(ch. 320, 35 Stat. 1076-lW), c~~ lil lct lAN ACT To nmend and conso1id:de t l aacts respecting copyright ", 1ht1t IIto c.ol~yrightsecured by the act, exmy,t lllcbenefits under section 1 (e) 111c1rv)l'IS to which special conditions are i m p o ~ ~ l .shall extend to the work of :III n~l lho r r proprietor who is a citizen or subjectof a foreign stat e or oatioll, ollly upon certain conditions set fort h in section8 of t he act, to wit:

"( a) When an allell : I I I ~ ~ I ~ I ~r proprietor shall be domiciled within tllcUnited States a t the tilllo oI' llic flrst publication of his work; or"(b ) When the fo rciz l~ l:~le or natlon of which such author or proprietoris a citizen or sul~jccl r:1111s, ither by treaty, convention, agreement, or law.to citizens of the Unitrcl St:~t~.she benefit of copyright on substnntlally thesame basis as to i ts ~ \ V I Ic.ilizc.cns, or copyright protection substantia lly equa lto the protection sccurccl to slwh foreign author under th is act or by tre aty;or when such foreign stutc or ilation is a party to an international agreementwhich provides for reciprocity il l t l ~ c ranting of copyright, by the terms ofwhich fgreement the United Sta tes II I: I~ , t its pleasure, become a partytltereto ; an dWHEREAS i t i s provided by section 1(e) ha t the provisions of th e act '' eo

fa r a s they secure copyright controlling the parts of ii~struments ervlng toreproduce mechanically the musical work, shall include only compositions pub-lished and copyrighted after this act goes illto effect, and shall not includethe works of a foreign author or composer unless lbc foreign d a t e or nationof which such author o r composer is a citizen or subject grants, either bytreaty, convention, agreement, or law, to citi-am of the United Sta tes similarrights "; and

WHEREAS the President is authorized by eection 8 to determine by procla-mation made from time to time the esi.cltence of the reciprocal conditionsaforesaid, as the purp oe s of the act may require; and

WHEREAS satisfactory evidence llns been recelved that in the Free City ofDanzig the law permits and from the date of this proclamation will grant tocitizens of the United Stat es tllc beucflt of copyright on strbstantially the samebasis as to citizens of the FIW City of Dansig; and

WHEREAS satis factory official assurance has been given t l ~ a t n the FreeCity of Daneig the law now perlnits to citizens of the United! %a& similai,rights to those accorded in section l ( e ) d l s act of March 4, 1909:

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of theUnited States of America, do declare and prodaim :

That on and after April 7, 1934, the conditions specified in section 8(b) andl ( e ) of the act of March 4, 1900, will exist and be fulfilled i n re s w t of thccitizens of the Free City of Dancig and that on and after Aprtl 7, 1981, cltisens26


25/39

26 BEWBT or THE BEGISTEE OB C O P Y B I Q ~of the Free City of Danzig shall be entitled t o all th e beneflts of thte a ct an dac ts amendatory thereof:

Provided,-That the enjoyment by any work d he rights and beneflts con-ferred by the act of March 4, 1909, and the acts amendatory thereof, shall beconditional upon compliance with the requirements an d for ~llali tiea rescribedwit h respect to such works by the copyright laws of t he United Sta te s;

And prwL&d further, ha t the provisions of section l ( e ) of th e act of March4, 1909, insofar as they secure copyright controlling parts of instruments serv-in g to .reproduce mechanically musical works, shall apply only to compositionspublished after July 1, 1909, and registered for copyright in the United S t a bwhich have not been reproduced within t he United S ta tes prior to April 7,1934, on any contrivance by means of which the work may be mechanicallyperformed.

I N WITNESS WHEREOF, I have hereunto set my hand and caused theee ~l . of he United Sta tes of America to be af8xed.

DONE a t the City of Washington this 7th day of April, in the yeer of o urLord nineteen hundred and thirty-four, and of t he Independence of

[SF&] th e United Sta tes of America tile one hundred a nd flftyeighth.FRANKLIN D.ROOSEVELT.

By t he President :C O B D ~ULL,

Seoretmv of Btats.[No. 0TOl


26/39

ADDENDUM I11

MQSSAQEY E'ROYI THEY PRESIDERT OF THE UNITPD BTAIFB T R A N S M I T I I N B THBl IN-NATION& LLNVZINTION OF THB COPYEU3HT UI'7IOA AS REYISED AND S I G N = A TBOME OX JUNE 2, 1028

FEsnuann 19, 1934.-Convention read the first time and referred to the Committee onForeign Relations, and, together with the message, ordered to be printed in confidencefor the use of the Senate

MAT 8, 1934.-Made publleT o the senate of the United 8tatea:With a v iew to receiving the advice and consent of the S enate to adherencethereto on the par t of the United State s , I t r an smi t h e rewith th e In te rn a t io n a lConvention of the Copyr ight Union a s revised a nd s igned a t Rome on Ju ne2, 1928. I invite the consideration of th e Sen a te to t h i s convention instead ofthe Convention of the In ternation al Copyr ight Union s igned a t Ber l in onNovember 13,1908, nd th e addit ional protocol thereto s igned a t Be rn on March20,1914,w h ic h w e re t r a n sm i t t e d t o t h e Se n at e b y m y p re de ce ss or i n o m nJ a n u a r y Zl,1931.According to the provisions of the convention a s revised a nd s igned at RomeIn 1928,which I .a m now transm itt ing to the Senate, adherence to the conven-t io n a s si gn ed a t B e d i n i n 1908 is no longer permissible. I call a t ten tion tothis provision and likewise to the other reasons given in t h e a c c o m a n y i n grepor t of t he S ecretary of St ate fo r ask ing the Senate to consider th e conven-t ion a s revised on the late r d ate in l ieu of the one previously submitted to it .FRANKUX. RWS-.

THBWHITE HOUBE ,Febracary 19, 1934.r H B P R E s m :On Jan u ary 21, 1931, President Hoover transmitted to the Senate, with aview to receiv lng the advice an d consent of the Senate to adherence thereto bythe United States , th e In tern ational Convention of the C opyr ight Union asrevised and signed at Berlin on November 13,1908, nd an addit ional pro tocolthereto s igned at Bern , March 20, 1914 (Senate Executive H, 1st Cong., 3d~e ss . ) . Since such transmission , t he Convention of t he In te rnational Copy-r ight Union a s revised a nd s igned a t Rome on J u n e 2, 1928, has come intoforce. Th is convention provides in artic le 28 th a t co u n t r iee th a t are notwith in the union might, unti l August 1, 1931. enter the union by means ofadherence ei ther to th e convention s igned a t Ber l in on November 13, 1908, orto the convention s igned at Rome, but that af ter August 1, 1831, they mayadh ere only to th e Rome Convention . The la t te r Convention has , therefore,superseded the Berlin Convention and th e Bern protocol in the relations of thecountrie s which have ratified i t with each other.Th e unders igned, the Secretary of State, is, therefore, laying before thePresident a certified copy of the convention a s revi%ed an d signed et Rome27


27/39

28 BEPOBT or THI RBGISTEB 01 OOPTBWHTOi n 1028, with a t rans la t ion thereof into Engl ish, in orde r tha t , should hls jndg-men t approve the reof, i t may be t raus mi t t ed to the Sena te so t h a t t h e S e n a t emay cons ider adherence to th is convent ion ins tead of adherence to the con-vention of 1908 and the protocol of 1914 which a r e be fore it.Adherence by the Uni t ed S ta te s to the Rome Conven t ion wou ld g lve toAmer ican au thors the r igh t to en joy fo r the i r l i t e ra ry and a r t i s t i c works incountr ies members of th e Copyright Union the sam e r ighta a s ar e enjoyedby aut hor s of s imilar work8 who ar e nat iona ls of such countr ies . Reciprocal ly ,the na t iona l s of thos e count r i es wou ld en joy in the Uni t ed S t ~ t e sh e r i g henjoyed by citizen s of th is country.According to the information of the Department of Sta te , the fol lowingcountr ies have e i ther ra t if led or ad hered to th e convent ion of 1928: Bulgaria ,Brazi l , Canada, Free City of Danzig, Denmark, Finland, France ( inc luding theFrench colonies , protec tora tes , and terr i tories under authori ty of the FrenchMinis try for the Co!oniee), Syria knd th e Lebanon, Germany, G reat Br i ta in(including Bahamas , Barbados , Bermuda, Bri t ish Gaiana , Bri t ish Honduras ,Ceylon, Cypme, Falkland Is lands and Dependencies , Federa ted Malay States,Fij i, Cambia Colony and Protec tora te , Gibra l tar , Gold Coas t Colony (Ashan t iand th e Northern Terri tories ) , Togoland under Bri t ish M andate , Hong Kong,J ama ica ( inc lud ing T ur ks and Ca icos I sl ands and Cayman I s l ands ) , FenynColony and Protec tora te , Leeward Is lands (Antigua , Dominica , Montzerra t ,St . Chris topher and Nevis, an d th e Virgln Is la nds ) , Malta , Neuri t ius , New-found land , N ige r ia Co lony and P ro tec to ra te and the Camaroons unde r B rHis hMandate , Northern Rhodes ia, Nyasaland Protec tora te , Pales t ine ( inc ladin g-Tr an sJo rd an ), St . Helena and Ascens ion, Seychal les , Sierra Leone Colony nndProtec tora te , Som ali land Protec tora te , Union of So uth Africa , Basutoland.Bechuanaland Protec tora te , Swazi lanEl , Southern Rhodes ia , Stra i ts Set t le -ments , Tanganyika Te rri tory, Trinidad an d Tobago, Uganda P rotec tora te , West-ern Pacific Is lands (Br i t ish Solomon Is lands Protec tora te , an d Gilbert a n dEll ice Is lands Colony), Win dward Is lands (Gren ada, St . Lucia , and St.Vin-

cen t ) , Greece , Hunga ry , Ind ia , I t a ly , J apan ( inc lud ing Chos en , J a rah to ,Leased Terri tory of Kwantung, and Taiwan), Leichtens te in , Luxemburg, Mon-aco, the Netherlands ( inc luding Curacao, Netherland India , and Su rina m) ,Norway, Spain, Sweden, Switzerland, Tunis, and Yugoslavia.Th e following countr ies members of the Union und er th e 1808 convent ionhav e not ye t ra t if ied or adher ed to the convention of 1028: Austra l ia , Aus tr ia ,Belgium, Czechoslovakia, Estonia , Hai t i , I r ish Free Sta te , L iberia , Moroceo,New Zealand, Poland, Portugal , and Rumania .Aa th e fi rs t of th e foregoing lists indica tes , a ve ry large proport ion of t h ecoun t ri e s of th e wor ld a r e pa r t ie s to t he ins t rument he rewi th s ubmi t t ed , thu shav ing ag reed to the p rov i s ion tha t a f t e r Augus t 1, 1831, new members mayadh ere only to i t. Th e United Sta tea has become a gre a t producer of l i te r aryand a rt is t ic works , which inc lude , of course , not m erely the w ri t ings of au tho rsand composers , but the output of vas t indus tr ies such as the motion-pic tures tud ios . T he demand fo r the s e produc ts is world-wide. At present protec t ion

agains t piracy is , in many places , nonexis tent or inabequate . Adherence to t h econvent ion for the protec t ion of l i te rary and art is t ic works , which repreaenbth e most complete and modern concept ion of such protec tion, i s th e most im-p o r t an t s t e p t h a t c a n be taken to remedy the present s i tua t ion. It would as-s u re to Amer ican a u thors and a r t i s t s the en joyment of copyr igh t w i thon tfo rm ali ty in ~ l lf the coun t r ie s wh ich a r e pa r t i e s to i t , as well a s s uch otherprivileges a s each country respect ively accords t o its own citizens. T h e U n i t e dSt at es wonld, of course, be obligated reciprocally to accord to the ci t izens of


28/39

I~EPORTOF THE BBOISTBB OF GOPYIUOXTS 29the other conntriem copyright wlthout formality and, in gemera1 th e protee--tion which i t accords to its ow11 cltl8ens.The revision of 1928 added subsla~~tlnlew provisione for the benefit of.authors of literary and artis tic works, suc l~ s protection of an author againstmutilation or modifkation by assignees whlch may be prejudicial to his honoror his reputation, and certain rights with respect 10 1l1o cummunlcatioa of hiswork by radio.The register of copyrights of the United States has long been on record asfavoring the entry of the United States into the International Copyrlgbt Union,.and in this position the Librarian of Congress concura Adlrorcnce on the par4of the United States prior to the adjournment of the present ~ ceelon f Om-meas is earnestly recommended.

Respectfully submitted.~ R D E L L

DEPA~TMERTF STATE,Waehhgton, Februaw 16, 1034.

The President of the German Reich; the Federal President of the Republicof Austr ia; His Majesty the King of the Belgians; the President of the UnitedStates of Brazil; His Majesty the King of the Bulgariarls; Hia Majesty theKing of Denmark ;His Majesty the King of Spain ; he President of the Repub-lic of Eston ia; the President of the Republic of Finland; the President of theXrench Republic; His Majeaty the King of Great Britain , I reland and the.British Dominions Beyond the Seas, Emperor of India ; th e President of theHellenic Republic; His Most Serene Highness the Regent of the Kingdom d'Hungary; His Majesty the King of Italy; His Majesty the Emperor of Japan;Her Royal Highness the Grand Duchess of Luxemburg; His Majesty the Sultanof Morocco; Hla Most Serene Highnem the Prince of Monaco; His Majesty theKing of Norway ;Her Majesty the Queen of the Netherlands ; he President ofthe Polish Republic in the name of Poland and of the Free City of Danzig; hePresident of the Portuguese Republic; His Majesty the King of Itt imania; HiaMajesty the King of Sweden ; he Federal Council of the Swiss Coniederation;the States of Syria and the Great Lebanon; the President of the CzechoslovakRepublic; His Highness the Bey of Tunia-Equally animated by the desire to-protect in as efiicacious and uniform amanner as possible the rights of authom as to their li terary and art&&works,

Have resolved to revise and complete the Act signed a t Berlin on November1s. 1908.They have consequently named as their plenipotentiaries :

[Nm.-The names of the plenipotentiariee which follow in the oW a l printare omitted here to save space.]

Who, being thereunto duly authorieed, have agreed upon the following:

The Gountries to which the present Convention applies shall be constitutedinto a Union for the protection of the rlghta of authors in their literary andartistic works.


29/39


30/39

R E P O a T O F T H E R E GI ST E R O F O O P Y R lO H T B 31whose legislation grants the shor tes t term of protection. For wo rks publishedsimultaneously in a country outsid e of tllr IJ~ iion ind in a country with in t heUnion, i t is the lat ter country which s l~nll )cs c-sc.losivcly considered a s t hecountry of origin.(4 ) B y " published works " (" oeuvres publ%c*.u" ) I I I I I S ~ In - ulltlrrstoocl, uc-cording to the present Convention, works wllicl~11i1vc. I H Y ~ I I~NNII (* I"oeumea

d d i t h s ") . Th e representation of a drnm atic or ~ I ~ I I I I I I I~ ~ * I - I I I I I S ~ I . I Iwork, theperformance of a musical work, the exhibition of a work ol' : ~ r t 111tl 1I1ce o ~ i -s truction of a work of architecture shall not consti tu te l)~~l~lic~a~ll t l l l .Au thor s within th e jurisdiction of one of th e count ries of tllc 11111(111V I I O~ ub li s h heir works for t he f irs t t im e in another country of the Urliorl , r ll tl llh av e in th i s l a t te r co u n t ry th e same r :gh ts a s n a t io n a l au th o r s .

(1) Authors not within the jurisdiction of any one of the countries or I l l ( *Union, who publish their .works for the first time in one of the Unlon collrl-tr ies , shall enjoy in such Union country the sam e r ights a s national au tl lor r ,and in th e other countrie s of t he Union the rights accorded by the prehcalltConvention.(2) Neverthelew, when a country o utside of the Union does not protec t inan adequate manner the works of au thors with in the jur isd ict ion of one ofthe countr ies of t he Union, th is lat ter Union country may res tr ict the pro tec-t i o n f o r t h e w o r k s o f a u t l ~ o ~ gho are, a t the t ime of the f irst publication ofsuch worka, within th e jurisdiction of the non-union country and a re notactually domiciled in one of t he cou ntries of the Union.(3) Any restriction, e stablishe d by vir tue of the preceding paragraph, shallnot prejudice the r ights which a n author may hav e acquired in a work pub-lished in one of th e countries of the U nion before the putt ing into effect of thinrestriction.(4) Th e countries of the Union which, by virtue of the present article, re-s tr ict the pro tection of the r ights of au thors , shall notify the fac t to the Gov-ernment of the Swiss Confederation by a written declaration indicating thecountries in whose case protection I s res tr icted , and indicating also t he res tr ic-t ions to which th e r ights of au tho rs with in the jur id ict io n of such country ar esubjected. The Government of the Swiss Confederation shall immediatelycommunicate th i s fact to al l the countr iee of the Union.

(1 ) Independently of the author 's copyright, and even af te r assignment ofthe said copyr ight , the author shall retain th e r ight to claim authorship ofthe work , as well a s the r ight to object t o every deformation , muti lat ion o rother modification of the said work, which may be prejudicial to h is honor orto h is reputat ion.(2 ) It is lef t to th e nntional legis lation of each of th e countr ies of th e U l~io iito es tablish the condit ions for the exercise of these rights. T he 111eatls forsafegunrding them sllall be regulated by t he legislation of th e cmuntry whc~ reprotection is claimed.

aBTxc~g(1) The duration of the pro tection grantad by the pmmt Conret~tio trLlf~t~llcomprise the l i fe of the auth or and flfty yeam a f te r h b 11


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(2) I n case thirr perlod of protection, however, s hould not be adopt ed un iformly by a l l the countr ies of the Union, i t s durat ion shall be regulated by thelaw of the country where protection i~1la imed, and i t can not exceed the termfixed in th e country of origin of th e work. Th e countries of the Union w ill-consequently not be require d to apply th e provision of th e preceding paragraphbeyond the exte nt to which i t agrees with thelr domestic law.

(3) E'or photographic works and works obtained by a proeese analogoust o p h o to g rap h y ; or posthumous w orks ; or anonymous or pseudonymous w or b ,the term of protection shall be regulated by the law of th e country wh ere pro-tection is claimed, but th is term shall not exceed the term f ixed in t h e countryof origim of the w or kdBTIm 7 BIE

(1) Th e term of copyright protection belonging in common to collaboratorsin a work shall be calculated according to the da te of the de ath of th e lastsurviv or of th e coliaboratore.42) Per so n s w i th in th e jurisdiction of cou ntries which gra nt a shorter period

of pro tection than tha t provided i n paragraph 1 can not claim in th e o th ercountries of the Union a protection of longer duration.(3) In any case the term of pro tection shall not expire before the death of th elast survivor of the collaboratonr.

Authors of nnpublished works with in th e jnrlsd iction of one of t he countr iesof the,Unio n, and authora of works published fo r the flrst time in one of thesecountr ies , shall en joy in the o ther countries of the Union dur ing the wholeterm of t he r ight i n the or ig inal work the exclusive r ight t o make or to author-ize the translat ion of their w o r h .

(1) Ser ial s tor ies , ta les an d a l l o ther works , whether l i terary , scientif ic , orar t is t ic , whatever may be their subject, published in newspapera or periodicaleof one of th e count ries of the Union, ma y not be reproduced in t h e o t h e rcountr ies without th e consent of t he authors .(2 ) Articles of c urre nt economic, political, o? religions discussion may bereproduced by the press if th eir reproduction is not expressly reserved. Butthe source must always be clear ly indlcated; the sanction of th is obligationsha ll be determined by the leg is lation of th e country where the pro tectlon isclaimed.

(3 ) Th e protection of the present Convention shall not apply to news of theday or to lniscellnneous news having the character merely of press information.

A s concerns the r ight of borrowing lawfully f rom li terary or ar t is t ic worksfor use i n publicat ions in tended for ins truction o r having a scientif ic character .or fo r chrestomathies, th e provisions of the legislation of the countries of th eUnion and of the special t reat ies ex ls t ing or to be concluded between themsha ll govern.

ABTIOLII11(1) Th e s t ipulat ions of the present Convention &a ll apply to t he publicrepresentat ion of dram atic o r dramatico-musical works an d to t he public performance of musical works, whether thew workn are published er not.


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(2)Authors of dramatic or dramatico-musical worlca shall be protected,during the term of their copyright in the original work, against the unauthor-lzed public representation of a trnnslation of their works.(3) In order to enjoy the protection of thie artlcle, authors in publiehlngthei r works shal l not be obllged to prohiblt the puhllc representation o r publicperformance of them.

AK ~CL E1 131s(1)Th e aut hor s of l i tern ry nnd nrtlstic works shnll enjoy the exclusiveright to authorize the communlcatlon of their works to the publlc by broad-casting.(2 ) It belongs to the nntional legislatures of the cou ntr i a of the Union to*regula te the condit ione for the exerc ise of th e r ight declared in the p - d i dparagraph, but snch conditions shuli hnve an effect strictly l lmited to thecountry which establishes them. T l~ ey an not in any case adverse ly affec tthe mo ral right of the autho r, nor the right which belongs to t he au thor o f

obtaining an equitable remuneration Axed, In default of a n amicable agreement,by competent authority.

Among the unlawful reprocluctlone to which the preeent mnvention appliesshall be specially included Indirect, unnuthorized appropriations of a l i te raryor artis tic work, snch a s ndaptations, arrang eme nts of muslc, transformations ofa romance or novel or of n pocm into a theatrical piece and doe-versa, etc.,when they a re only the repraduction of such work in the same form o r inanother form with non-esscntinl chnnga, additlone or abridgments and with-out presenting the charncter of n new, original work.

(1)Authors of musical works shall have the excluslve right to authorize:(1) he adapta t ion of these works to inst ruments serving to reproduce themmechanically; (2) he publlc performance of the eame work s by m eans of theseinstmments.(2)The limitations and conditions relative to the application of this art ic leshall be determined by the domestic legislation of each country in its ow ncase; but a l l l imitations and conditions of th is natur e shall have ap &ectstrictly l imited to the country which shall have adopted them.(3)Th e provisions of pa rngraph 1 shall have no retroactive effect, andtherefore shall not be npplicable in a country of the Union to works which, intha t country, sha ll have been lawfully- adapted t o mechanical ins trum entsbefore the going into fo rce of the Convention signed at Berlin, November 13,

1908; and, in the case of a country which has acceded to the Union since th&t@ate , r shall accede to it in the future, then when the worka have been adaptedto mechanical instruments before the dnte of its accession.(4 ) Adaptations mnde by virture of paragraphs 2 a n d 3 of this articleand imported, wlthout the authorization of tbe parties interested, into a

country where they would not be lawful, shall be l iable t o se izure there .

(1)Authors of l i terary, scientific, or artistic works shall have the excluslverlght to authorira the reproduction, adaptation, and public representation oftheir works by meanr of the cinematograph.


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(2) Cinematographic productions shall be protected as l l terary or artistic:works when the auth or shal l have given to th e w ork an or iginal . character .If this character is lacking, the cineniatographic production shall enjoy the:same protection a s photographic works.,(3) With out prejudice to the righ ts of the auth or of th e work reproduced.or adapted, the cinem atographic work shall be protected a s an original work.(4) The preceding provisions apply to the reproduction or production-obtained by any o ther procese analogous t o cinematograph y.

(1) n order that the anthore of the works protected by the present Conven-.tion may be considered as such, until proof to the contrary , and be admit tedconsequently before the courts of th e variou s countries of the Union to pro-ceed against infringers, it shal l sufece that the author ' s name be indicatedupon the work in the usual manner.(2)Fo r anonymous or pseudonymous works, the publisher whose name isindicated upon the work sha ll be entit led to protect the righ ts of the author.H e shal l, w i thout other proof , be considered the legal representative of theanonymous or pseudonymous author.

(1)Al l in f ring ing w o r k may be seized by the competent authorit im of th ecountr ies of the U nion where the or iginal work h as a r ight to legal protect ion(2) Seizure may also be made in these countries of reproductions whichcome from a country where the copyright on the work h as terminated, or wherethe work ha8 not been protected(3) The seizure shall take place in conformity with the domestlc legislationof each country.

B B T I ~ L ~7The provisions of the present Convention may not prejud ice in any w ay th eright which belongs to the Government of each of the countries of the Unionto permit, to supervise, or to forbid, by m eans of legislation o r of domestlcpolice, the circulation, the representation o r th e exhibition of every w ork o rproduction in regard to which competent authority may have to exercise this

right.

(1) The present Convention shal l apply to a l l works which, a t the t ime I tgoes into effect, have not fallen lnto th e public domain Of their co untry oforigin because of the expiration of the term of protectlon.(2 ) B u t if a work by reason of the expiration of the term of protectlonwhich was previously secured for i t has fallen into the publlc domaln of thecountry where protection is claimed, such work shall not be protekted anew.(3)This principle shall be applied In accordance with the stipulations toth at effect contained in th e special Conventions eith er existing or to be con-cluded between countries of the Unlon, and In default of such stipulations, ituapplication sha ll be regulated by each countrp in i ts own case.(4) The preceding provislons shall apply equally in the case of new accees i o ~o the Union and where the protection would be extended by the

application of Article 7 or by the abandonment of reaervationa


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BEPOBT 01 TEE FUWIBTEB 01 O O P Y B M m 35

Th e provisions of the present Convention shal l not prevent a claim f or theapplication of more favorable provisions which may be enacted by the legl~latlonof a country of the Union in favor of foreigners in ge n m LA ~ n c m0

Tb e governments of the countr iea of the Union reserve the r ig ht t oabetween themselves special treaties. when these treatiee would confer uponauthors Inore extended rights than those accorded by the Union, or when tbeycontain other stipulations not conflicting with the present Convention. Theprovisions of existing treaties which answer the aforesaid conditione ehallr emain in force.A m - 21

(1)The international oface instituted untler the name of "Burenu of theIn ternat ional Union for the f io t ect ion of Literury and Artin t ic Wo rks" ("Bn -re au de 1 'Union interna tional e pour l a protection dee cauvree litt&airee e t.artistiquea ") sh a l l be maintained.(2 ) Th is B u reau is placed under the high authority d he Government ofthe Swiss Confederation, which controls ita organization and supervises i ta ,working.(3) Th e of icial language of the Bureau shall be French.

ABTIcL~22(1) The In ternational Bureau shall br ing together , ar range and publishInformation of every kind relating to the protection of the rights of authors int h e i r li t e ra r y a n d a r t i s t i c w or ka . I t s h ~ l l tu d y q u est io n e of m u p a l u t i l i tyin teres t ing to the Union, and edit , with th e aid of documents p laced a t i t s d ls -posal by the various administrations. a periodical in the French language, treat-in g questions concerning the purpose of the Union. Th e governmente of th ecountr ies of the Union reserve the r ight to au thor ize the Bureau by commonacco rd to publish a n edit ion in one or more o ther languages , in case exper ience,demonstrates the need.(2) The In ternational B ureau m ust hold i tself a t a l l times a t th e d i sp o ml.of members of the Union to furnish them, in relation to questions concerning%he protection of litera ry an d artis tic works, the special information of w hichthey have need .(3) The Director of the In ternaticl ial Bureau shall make an annual repor ta n h is administration, which shall be communicated to al l the m embers of h eXJnion.

A m a g 23(1) The expenses of the Bureau of the In ternational Union shall be sharedin common by the countries of the Union. Until a new decision, they ma y notexceed one hundred and twenty thousand Swim francs per year. Tbie s u mm ay be increased when needful by th e unan'imous decision of one of the Confer-ences provided for in Article 24.(2) To determine the part of th is sum to tr l of expenees to be paid by eachof th e countries, the countries of the Union and thoee which l a t e r a d h e m t~ tL


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BEPOBT OF TEE BEQIBTEB OP COPYRiOHTB 37

(1) Each of the coun tries of th e Union may, a t any time. notify In wr itingthe Government of th e Swiss Confederation that the present Convention sha llbe appl icable t o a l l o r t o p a r t of ita colonies, protectorates, territories undermandate or a l l other terr i tor ies subject to i ta sovere ignty or to i t s authori ty ,or all territories under suzerain ty, and the Convention s hall then apply to al lth e territories designated in th e notification. In defa ult of such notl3cntion,the Convention shall not apply to such territorlee.( 2 ) Each of th e countries of th e Union m ay, a t any time, n wri t ingth e Government of th e Swiss Confederation t ha t the present C ion shallcease to be appl icable to a l l or t o par t of the terr i tor ies which !lF'- th e objectof the notification provided for by the preceding parngraph, and the Conven-tio n sh all cease to apply i n th e territorie s designated in such notiflcation twelvemonths after receipt of the notification addressed to the Government of theE(wiss Confederation.(3) All the notifications made to the Government of the Swiss Confedera-tion, under the provisions of paragraphs 1 a n d 2 of this article, shall be com-municated by that Government to all the countries of the Union.

41) Tb e present Convention s hall replace in the relatio m between th e coun-trie s of the Union t he Convention of Ber ne of S eptember 9, 1888, and the act8by whicb it h a s been successively revised. The acts previously in effect sha l lremain appl icable in the re la t ions wi th the wuntr iea whlch shal l not haveratified the present Convention.(2) The countries in whose name the present Convention Is sfgned may etll lr e t a ln the benefit of the reservations whlch the3 have previonely formulatedon condition th at they mak e such a declaration a t the t ime of the deposit ofthe ratifications.(3) Countr ies which ar e a t present par ties to the Union, but in w hose namethe present Convent ion h as not been signed, may a t any t ime adh ere to i tThey m a n such case benef it by the provisions of the preceding paragraph.

(1) The present Convention sh all be ra t i f l ed , and the ra t i f i ca&~~shal l bedepos i ted a t Rome no t l a t e r t han Ju ly 1,1Bl.(2) It shall go into fled between the countriea of the Union which haveratified i t one month afte r that date. However, if, before th at date, it has beenra ti f ied by a t least s ix countr ies of the Union it shall go Into && a s betweenthose countries of the Union one month after the deposit of the sixth rati l lca-tion has been notified to them by the Government d h e Swiss Confederationand, for the countries of the Union which shall later ratify, one month afterthe notification of each such ratification.43) Countries that a r e no t wi th in tbe U nio n ma y, un ti l A u m 1, 1933,

enter the Union, by means of adhesion, either to the OonventLon signed atBerlin November 13, 1908,or to the presen t Convention. Att er Auguat 1, 1931,t he y a n d h er e on ly to the presen t Convention.

(1) Th e present Convention shal l remain ia effect for an inketerminnte time,unt i l the expira t ion of one year f rom the day when denuncia t ion of I t shal lhave been ma&?.


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(2) This denunciat ion shall be addressed to th e Government of the SwiwsConfederation. It sh a l l be effective only as regards the country which shnllhave m ade i t , the Convention remaining in force for the o th er countr ies of the-Union.A ~ m c r a : 0

(1) The countr ies which in troduce in to their leg is lat ion the t erm of pro tec-tion of fif ty years provided for by Article 7, p arag rap h 1, of the present Oon- .vention , shall make i t known to the Government of the Swiss Confederationby a wr itten notification w hich shall be communicated a t once by th at Govern-ment to al l th e o ther countr iee of the Union.(2 ) I t s h al l be the sam e for such countr ies a s shall renounce any reaema-tions made or m aintained by them by v ir tu e of Ar ticles Xi a n d 27.In fai th whereof , the respective Plenipotentiar ies have s igned th e p m n t .Convention. .Done aLRome, the second of June, one thousand nine hundred and twenty-eight, in a si ngle copy, which sh all be dilywbsittd in th e a r chiv es of th e R o y a lIta lia n Government. One copy, properly certified, shall be sent throug h d i p l en~ at ic hannels to each of the countr ies of the Union.[Nom -The name s of the signers which follow in the official pri nt are.omitted here to save space. They represext the fo l lowing countr ies in the

order named: Germany, Austr ia , Belg ium, Brazil , Bulgar ln , Denmnrk, FreeCity of Danzig , Spain , Estonia, Fin land, France, Qreat Br i tain and Nor thernIreland, Canada, Austral ia , New Zealand, I r ish Free State , India, HellenicRepublic, Hungary, I taly, Japan, Luxemburg, Morocco, Monaco, Norway, The,Netherlands, Poland, Portugal, Rumania, Sweden, Switzerland, Syria and GreatLebanon, Cmxhoslovakla, and TolDL.1


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A1)I)ENI)UM 1V4

Id . 10'28. 7:kl C'ongma. 18t A e r r l t ~ n lIn the Sen ate of the United St:ltcs. Ju ne 6 (r111c11chr l:~ y, I I I I Il@, 1033..Mr. Cut t ng introduced the followillg bill ; v l ~ i c l ~as rc.:~tl I \vie.c. : I I I : ~ rc.rc*rrcqlto the Committee on Foreign Rel:~tiollsA BILL To enable the Ud t e d States to (*II(~.P 1110 In tvrnnt i t~na lI ' ~ I O ~ I . I C I I I~ I I ~ U I I

Be it enacted b y the Senate and. lfrrwrr: n f I t r . l ~ ~ ~ r ~ . v r ~ r ~ / r t / i ~ ' r ~ . v/ Ilrr. I lritcrlGlates of America in Co~tgre88osncml,lf.cl; ' I ' l ~ r ~ l 1-a,ll.yrigI11 I h r t ~ c ~ ~ I ~ t t ~ ~ tlreUn i ted S ta te s an d i te d ep end en c ies s l~ e l l ~~ l \ s i r ll l I I I I . wc~rlc : I ~ ~ I . I I I I I ~ ~ I I I ~ ,no t domiciled in t he Unite d S tat es . 11.v virlllc. IDI' 1111- : I I ~ ~ I I ~ ~ I ~ : I ~ ~ I ~I ~ I I I . I l ~ ~ i l e lStates to the Convention of Berne for ill^. I ' r t ~ l t ~ . t i t ~ l ~r I.ilcw:~r.\.111111 Al.IislieWorks of September 0, 1888, as rcvin.tl :11 I ~ I , I I I I . 111 . I I I I I I . 2. I!)L'S.S m . 2. From and after the ek11c I I I M I I I \vItit*l~ 1 1 t h : I I I I I ~ ~ ~ ~ ~ I I I ~ ~ ~,I' L I I I * tjn~ittvlS t a t e s t o t h e s a i d c o n v e n t i o ~ ~f l!l"S Iw.c.c)nrt.s c~fli~t~livc~,dol1yrigl~l~rotcvlionshall be accorded without r .c~n~l~li :~r~cc~i t l ~ I I I J '. o ~ ~ t l i t i o ~ ~ s1. fo r~n a l i t i e swllnt-ever for aff works by sucll :11ie11 I ~ I I I ~ I . ~~ l ore 11:1tiu11ula f (Illy co un tr ywhich is a member of the 111tenlntio11:1 l o l~ yr i g i~ t I I ~ W I;1swell aa for al lywork which may be or 11:ls IWII first 1)ubiishe-d in a cou ntry which is amember of th e said union: P~ 'ov ided ,T h a t a s t o c op yr ig ht i n w o r k s n o t p r eviously copyrighted in the United States, no rlght or remedy given pursuant tothis Act shall prejudice law ful ac ts done or right s In or in connection withcopies lawfully made or the continuance of business undertakings or enter-pr ises lawfully under taken with in the United Stn tes or any of i ts depend enciapr ior to the dat e on which th e adherence of the United Sta tes to the sa idconven tion of 1928 goes into force; and the author or o ther owner of suchcopyright or person claiming under him shall not be enti t led to br ing actiont ~ g ~ t i n s tny person who ha s pr ior to such date taken an y action in connection1~ 1th he exploitation, production, reproduction, circulation, or perfo rma nce(in a manner \vhich at the tlme was not unlnwful) of an y such work wherebyh e h n s in cu r r ed an y su b s tan t ia l expenditure or liability.SEC. 3. Copyright is h er eb y g ra n te d a n d s e c u ~ e d y t h b A c t t o aU a u t h o r s .entitled thereto from and after the creation of their work, whether publishedor unpublished, including works gf architecture and choreograplllc works andpantomimes, and the duration and terlnination of such copyright shall begoverned by the provlsiolls of Sections 113 a n d 24 of the Act of March 4, 1QOO(U . 8. U., t i t l e 1 7 ) : Providrzd, That the duration of copyr ight in the UnitedStates shall not in the case of the work of any alien author extend beyondthe date upon which such work has fal len in to the public domain in t h ecountry of its origin as defined in said convention of 1928S m . 4. Th e r ig h ts g r an ted in Sec t io n 1of the said Act of 1900 (U.3. C.,.t i t le 17) shall include the exclusive r ight of the author to communicate h iswork for ~ ro f i t o the public by any system of broadcasting; and the au thorof any copyrighted work, even aft er th e assignm ent of the copyright In sucbwork, sliall nt all ti- have the rlght to claim th e authomhlp of hls work,.


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and the right to oppose every distortion, mutilation, or other modiPcatloa ofthe said work which might be prejudicial to his honor or ta h b reputatloll,as well as the right to restrain the publication and/or the performance of tbemutilated worl;.SEO.6. The Supreme Court of the United S tat es shall prescribe such addi-tional or modifled rule8 and regulations a8 may be necessary for practiceand procedure in any action, suit, or proceeding instituted for infringementunder the provisions of thla Act.SEXI.. This Ac t shall take de c t from the date of its pasaage.

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