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STATEMENT OF MR. ROBERT UNDERWOOD JOHNSON, SECRETARY
OF THE AMERICAN AUTHORS') COPYRIGHT LEAGUE.
Mr. JOHNSON. Mr. Chairman, it is often said in opposition to criticisms of a measure that the critics do not present their views in a definite and technical form, so that they can be thoroughly and entirely understood. I have the honor to present to the committee a draft of a proposed copyright bill which I hold in my hand, the text of which has been compiled with the additions desired by the American Copyright League and with some omissions, all carefully collected from the four bills which are now before the Houses of Congress.
This compilation has been made by Mr. R. R. Bowker, the very efficient vice-president of the Copyright League, who is at present in Europe. It has been done with a view to saving the time of this committee and presents everything that is desired by the American Copyright League, together with all the omissions desired.
I present it formally, with the request that it be made a part of the record and that it may receive your very careful consideration, as I have no doubt it will.
I thank the committee for their devotion to this cause and for their long and patient efforts to arrive at a substantial copyright bill.
The CHAIRMAN. Without objection, it will be placed in the record.
(The compilation referred to was, by direction of the committee, made a part of the record and is as follows:)
THE COPYRIGHT BILLS, IN COMPARISON AND COMPROMISE.
THERE are now referred to the Committees on Patents of the Sixtieth Con. gress four copyright bills: Senator Smoot's (S. 2499) and Senator Kittredge's (S. 2900) before the Senate committee; and Mr. Currier's (H. R. 243) and Mr. Barchfeld's (H. R. 11794) before the House committee. The Smoot and Currier bills express the views of the chairmen of the two committees, Senator Smoot having succeeded Senator Kittredge as chairman of the Senate committee, and are practically the same, though with slight variance in language, both specifically excepting mechanical music from copyright. The Kittredge and Barchfeld bills are also practically alike, though with slight variations in language, both these specifically including mechanical music under copyright. The following presents, in the main, the text of the current bills in the left: hand side of the page, with such omissions and additions as would apparently make the bill a compromise acceptable to most, if not all, the interests concerned; and on the right hand of the page the omitted points and the variations of importance in the several bills. The purpose of this is to suggest a bill on which there could be general agreement, on the understanding that the two mooted points as to mechanical music and as to further restrictions in the manufacturing provision should be considered after the passage of the main measure, so as not to endanger the bill in its generally accepted features. Substantial variations from the Fifty-ninth Congress bills are shown in the text hy italics or in the right-hand column. Merely verbal variations, as “ moneys for “money," are not noted. The four bills each contain 67 sections, the seeming addition of 10 sections to the Fifty-ninth Congress bills representing only a division of former sections for clearness of reference, but the facts that the Currier bill retains House sections 7 and 8 of last year, while the Barchfeld, Kittredge, and Smoot bills retain the single Senate section 8, and that the Currier and Smoot bills omit the “ separate estate" provision of section 34 of the Fifty-ninth Congress bills, while the Barchfeld and Kittredge bills retain this as section 44, make the section numbering except in the first six and the latter sections different in the several bills.
Be it enacted by the Senate and
Notes. House of Representatires of the United States of America. in Congress 18- SEC. 1 (b) Currier bill adds " Prosembled.
vided, That the words to arrange or
adapt it if it be a musical work' shall SECTIONS 1-3: NATURE OF COPYRIGHT. not, for the purpose of this act, be
deemed to include perforated rolls used SEC. 1. That the copyright secured for playing musical instruments, or by this act shall include the exclusive records used for the reproduction of right:
sound waves, or the matrices or other (a) To print, reprint, publish, copy appliances by which such rolls or recand vend the copyrighted work; ords are made."
(b) To translate the copyrighted (b.) Smoot bill adds: “Provided, work into other languages or dialects That the words 'to arrange or adapt it or make any other version thereof if it if it be a musical work’ shall not, for be a literary work, to dramatize it if the purpose of this act, be deemed to it be a nondramatic work, to convert it include the exclusive right to reprointo a novel or other nondramatic duce, by means of or to manufacture work if it be a drama, to arrange or perforated rolls used for playing muadapt it if it be a musical work, to sical instruments, or records used for complete, execute and finish it if it be the reproduction of sound waves, or a model or design for a work of art, to the matrices or other appliances by vary or adapt it if it be a work of art; which such rolls or records are made."
(c) To deliver or authorize the de- These provisos are rendered unneceslivery of the copyrighted work in pub- sary by the decision of the Supreme lic for profit if it be a lecture, sermon, Court, and would be opposed by auaddress or similar production ;
thors as turning a tacit exception into (d) To perform or represent the an explicit privilege. copyrighted work publicly if it be a SEC. 1 (c) Kittredge bill retains the drama;
form of the Senate bill of the 59th (e) To perform the copyrighted Congress : “and for the purpose of work publicly for profit if it be a mu- public performance for profit, and, for sical composition on which such right the purposes set forth in sub-section of public performance for profit has (a) hereof, to make any arrangement been reserved as provided in section or setting of it or of the melody of it fifteen of this act.
in any system of notation or any form SEC. 2, That nothing in this act shall of record in which the thought of an be construed to annul or limit the author may be recorded and from right of the author or proprietor of which it may be read or reproduced." an unpublished work, at common law (c) Barchfeld bill includes a similar or in equity, to prevent the copying. addition, replacing second "and" by publication, or use of such impub- or and reading “ in any system or nolished work without his consent and to tation, or to make any form of record obtain damages therefor.
Sec. 3. That the copyright provided by this act shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite works or periodicals shall gire to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this act.
SECTIONS 4–8: SUBJECT-MATTER OF
SEC. 4. That the works for which SEC. 4. Kittredge and Barchfeld bills, copyright may be secured under this retaining the form of the Senate bill act shall include all the works of an of the 59th Congress, add : “ Whenauthor.
ever the words 'works of an author'
SEC. 5. That the application for reg- appear in this act they shall be conistration shall specify to which of the strued as having the same meanings as following classes the work in which writings, including in the term 'writcopyright is claimed belongs:
ings' all forms of record in which (a) Books, including composite and the thought of an author may be recyclopædic works, directories, gazet- corded and from which it may be read teers, and other compilations;
or reproduced." (b) Periodicals, including newspa- The Kittredge-Barchfeld provisions pers;
in Secs. 1 (c) and 4 present the musi(c) Lectures, sermons, addresses cal authors' case and are strongly prepared for oral delivery;
urged by the Authors' League and all (d) Dramatic compositions ;
friends of copyright as vitally neces(e) Musical compositions;
sary to secure to authors of musical (f) Maps;
writings the “exclusive benefit” pro(g) Works of art; models or de vided for in the Constitution and covsigns for works of art;
ering the protection indicated in the (h) Reproductions of a work of art; opinions of the Circuit and Supreme
(i) Drawings of plastic works of a Court justices as a proper subject for scientific or technical character ;
Congressional action. To promote the (j) Photographs;
passage of the general bill, the Au(k) Prints and pictorial illustra- thors' League is prepared to accede to tions;
the separate presentation of these proProvided, nevertheless, That the
visions as a supplementary measure. above specifications shall not be held
SEC. 4. All the 60th Congress bills: to limit the subject-matter of copy
omit as unnecessary and undesirable right as defined in section four of this
the words "literary, artistic, musical, act, nor shall any errors in classifica
and dramatic” before “works of an tion invalidate or impair the copyright author," included in the Senate form protection secured under this act.
of the 59th Congress bill. Sec. 6. That compilations or abridg
SEC. 5 (a). All the 60th Congress ments,
bills also omit the words “and new adaptations, arrangements,
matter contained in new editions; but dramatizations, translations, or other versions of works in the public do
not including works specified in other main, or of copyrighted works when
subsections hereunder,” as fully coy
ered in Sec. 6. produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the provisions of this act, but no such copyright shall affect the force or validity of any subsisting copyright upon the matter employed or any part thereof or be construed to imply an exclusive right to such use of the original works or to secure or extend copyright in such original works.
SEC. 7. That the publication or re- Secs. 7 and 8 are retained in the publication by the Government, either Currier bill as in the 59th Congress separately or in a public document, of House bills, while the Barchfeld, Kitany material in which copyright is sub- tredge and Smoot bills condense the sisting shall not be taken to cause any two sections as follows into one, as abridgment or annulment of the copy. in the previous Senate form : right or to authorize any use or appro- “ SEC. 7. That no copyright shall priation of such copyright material subsist: without the consent of the copyright (a) In any publication of the United proprietor.
States Government or any reprint, in Sec. 8. That no copyright shall sub- whole or in part, thereof: Provided, sist in the original text of a work by however, That the publication or reany author not a citizen of the United publication by the Government, either States first published without the lim- separately or in a public document, of its of the United States prior to July any material in which copyright is first, eighteen hundred and ninety-one; subsisting shall not be taken to cause or in the original text of any work any abridgment or annulment of the which has fallen into the public do- copyright or to authorize any use or main.
appropriation of such copyright mate39207-08
rial without the consent of the copyright proprietor;
(b) In the original text of any work which is in the public domain."
The same purposes are covered in both forms, as foreign books prior to July 1, 1891, are in the public domain, the Currier form being more conden sed.
The numbering of sections following differs in the several bills because of this condensation in the Currier bill.
SECTION 9: Who MAY OBTAIN COPY
Sec. 9. That the author or proprietor of any work made the subject of copyright by this act, or his executors, administrators, or assigns, shall have copyright for such work under the conditions and for the terms specified in this act: Provided, however, That the copyright secured by this act shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only:
(a) When such foreign author or proprietor shall reside within the United States at the time of the first publication of his work, or shall first or contemporaneously with its first publication in a foreign country publish his work within the limits of the United States; or
(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States may at its pleasure become a party thereto.
The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time, as the purpose of this act may require.
SECTIONS 10–23: How to SECURE COPY
Sec. 10. That any person entitled thereto by this act may secure copyright for his work by publication thereof in the United States with the notice of copyright required by this act; and
SEC. 10. Kittredge bill omits the words “in the United States ” after the words " by publication thereof."
Sec. 10. The omission of the bracketed words, in view of the decision of
such notice shall be affixed to each the Supreme Court in the Werckmeiscopy thereof published or offered for ter case, is advocated by the Authors' sale in the United States by authority League in the interest of artists, as in of the copyright proprietor, except in conformity with the best practice in the case of books seeking ad interim other copyright systems-and the omisprotection under section sixteen of this sion is acceptable to the print pubact. [In the case of a work of art or lishers. a plastic work or drawing, such notice shall be affixed to the original also before publication thereof within the United States.)
SEC. 11. That such person may obtain registration of his claim to copyright by complying with the provisions of this act, and upon such compliance the Register of Copyrights shall issue to him the certificate provided for in section fifty-eight of this act.
SEC. 12. That registration may also SEC. 12. See section 10 as to brackbe had of the works of an author of eted words. which copies are not reproduced for sale by the deposit, with claim of copyright, of the title and one complete copy of such work, if it be a lecture or similar production or a dramatic or musical composition; of a photographic print, if the work be a photograph; or of a photograph or other identifying reproduction thereof, if it be a work of art, or a plastic work or drawing; (the notice of copyright in these latter cases being affixed to the original before publication, as required by section ten of this act.) But the privilege of registration secured hereunder shall not exempt the copyright proprietor from the deposits of copies under section twelve of this act where the work is later reproduced in copies for sale.
SEC. 13. That after copyright bas SEC. 13. Kittredge bill omits the been secured by publication of the words “in the United States " after work in the United States with the the words “ publication of the work,” notice of copyright as provided in sec- and adds the word " promptly” before tion ten of this act, there shall be de- deposited." posited in the Copyright Office or in the mail addressed to the Register of Copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, which copies, if the book be a book or periodical, shall have been produced in accordance with the manufacturing provisions specified in section sixteen of this act; or if such work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such contribution ; or if the work is not reproduced in copies for sale, there shall be deposited the copy, print, photograph or other identifying reproduction provided by section twelve of this act, such copies or copy, print, photograph or other reproduction to be accompanied in each case by a claim of copyright. No action or proceeding shall be maintained for infringe