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Ms. Risdyr. I think we are out of the really hairy problems for a

Mr. Drivax. The hairy problems are gone?
Me. Risorr. For a while.

The Dext chapter is on copyright ownership and transfer, and it covers the whole of chapter 2 of the bill. And as I say on page 2, during the prelegi-lative period in the current revision program, particularly between 1961 and 1965, the provisions on ownership and transfers of copyright were the subject of close scrutiny, some hot debate, and a great deal of tortuous drafting and redrafting.

Almost every provision in chapter 2 represents a compromise of one sort or another. And those involving works made for hire and termination of transfers were extraordinarily difficult to achieve.

However, by the time the bill reached the stage of hearings before your subcommittee in 1965, most of the disagreements were either polved or on the way to being resolved. After painstakingly reviewing chapter 2. particularly the labyrinthine provisions of section 203, and after adopting some amendments, the subcommittee produced a el manter on copyright ownership and transfer together with a definitive laulative report that have remained unchanged and virtually unphallenged for nearly 10 years. I guess I should say virtually unphange and virtuallrunchallenged: there has been one minor change.

I do not think I will take the time, unless you want me to, to summarize the provisions of chapter ? in detail. or in any other way. The summary that appears at pages 8 through 5, I think, covers the whole chapter pretty well. And let me summarize its effect by saving I think it is fair to say that every change from the present law on th19 rather important subject is in favor of authors, either directly Openeral.

Thomp tere some tra leofta, particularly on the reversion in eption 13, but I would any that puentially the author wrte a better shale in a' t every report under chapter 2 than he dome under the present Ilmar he challenged on this, but this is my own opinion."

There are some technical inse that remain, and I tried to cover ther in this chapter. I think there is a problem that has not been

rized with report to commisjonel portraits I find for some mosterious on the Senate pot commission writs totes a provision- under the definition of worl a for here w112 I am not sure ya fair. And I want to run the and I hope 't We Will tonernte m e mmments on it tie patys. But I do not tl. rk Inpetto divert von with this right now,

I would like to d o the twelle of in oluntary rain which are motrnhopp on page

Yom in't:n ! v heard some fritimony on thin ise from the State Therapartment on the appet dar of your hanrinin T propion in Dom in gofion 10410) of our bill. anne Tripated in in obratite I the 1'15 bollu ne introward contain in profon 101 prouons sontine I'm the prompiration of copyright bra m ernmental orqaninition of a forrigen contry was not to be arrondellen per te pliers **,prophe statute The provision originated 7 n et to protes

inn forny ar proper dyptlin Sonic Inion to the l'

m on! (opsirrbyt (onionton.

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ile Authors' League and others supported legislation, sej

is, in the Senate which has gone through a good deal of 1
sed I think we are finally down to this provision on page
L: Desar. Thank you.
Tink the Authors' League as a matter of fact wrote to us

atly wrote to me about that very point. This is among much
sect mail that came in in the last 3 days.
TLI guess we are supposed to be glad that you have a nonc
mal chapter, but it is not as interesting as the others.
La Roxgze. That is right, I am sorry to say.
Le Drosas. Mr. Wiggins, do you have any questions?
E: Ats. I have no questions.
:: Dusas. Mr. Pattison?
L. Parrison. I have no questions.
Iz Dusas. All right, Ms, Ringer, proceed.
L. Ruscan. This is the manufacturing clause, if I may leap
ter 14. I do not know how far I will get with this, but I wil

This came to me in the form of these folders this morning.

Dusas. Yes, you may proceed if you will. L. Broca. All right, thank you. I apologize for the length ste, but-and I will be honest and say at the beginning I

this in the seven big issues that I saw at the time w res commenced. I think it is a big issue. I think it should ing the top, and I think that on reviewing the interrelated sa ato very complex—and you must decide them-I decič met help to try to lay this all out for you I do not pla and it this morning to see how this strange animal w open up and, I hope, eventually will die. The whole hi: 18 BA part of the history of our country, and it is kind of a f Heal and historical study. It was if I may make a side

the subject of the first long legal research paper I eve

yright Office in 1950, and really the better you get to k. re, the more you come to loathe it. It is a terrible,

te start by reading from page 3, and I think this is re: about the stage. For over a century, the U.S. copyright la

baction whatever to foreign authors. From 1790 to 189 author could be protected under copyright in the Unite

in the lead of State copyright laws enacted under es of Confederation, the 1790 Copyright Act granted p to works by citizens or residents of the United States; Carsoon enough that what seemed on its face to be estrent in favor of American authors actually amount e discrimination against them. English books and

galar with the American public and required no per ont of romlties. Why should U.S. publishers bring out for which the profit was uncertain, when they coul

English books without seeking permission from wything! The problem was compounded by the la inal copyright relations between the United States if an American author did manage to achieve som

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And the Authors' League and others supported legislation, separate mination, in the Senate which has gone through a good deal of refine11:1, and I think we are finally down to this provision on page 9.

Mr. Drinax. Thank you.

I thick the Authors' League as a matter of fact wrote to us just pirktiv wrote to me about that very point. This is among much of the Caps right mail that came in in the last 3 days.

Well, I guess we are supposed to be glad that you have a noncontrolina.hapter, but it is not as interesting as the others.

II. Rivotr. That is right, I am sorry to say.
Vr. Drinux. Jr. Wiggins, do you have any questions?
Mr. Iloilo. I have no questions.
Vr. DRINAN. Sr. Pattison?
Jr. Pirminox. I have no quentions.
Mr. IRINAX. All right. Ms. Ringer, proceed.

J. Ringer. This is the manufacturing clause, if I may leap over to chapter 11. I do not know how far I will get with this, but I will get as las alcan.

To came to me in the form of the folders this morning.
Vr. DRINAN. Yes, you may proceed if you will.

V RINGER. All right, thank you. I apologize for the length of this chapter, but--and I will be honest and say at the beginning I did not Hi.. ie this in the seven big in dies that I waw at the time when the doe all commene. I think it is a big issue. I think it should be listed 2.17 g the top, and I think that on reviewing the interrelated issues, 88, in are very complex and you must decide them-I decided that it in.ght help to try to lay this all out for you--I do not plan to go tiro.

sh it this morning-to ne how this strange animal was born ad pirs up and I hope, eventually will die. The whole history of tha part of the history of our country, and it is kind of a fupinat!$.al and hintoral study. It was if I may make a wide observa 1. the subject of the first long legal romanch paper I ever did in th: tipuright Oflice in 1939, and really the better you get to know this Proton, the more you come to loathe it. It is a terrible, terrible ut.on.

let me start by reading from page 3, and I think this is really simp's to at the stage. For over a century, the lis copyright law offered nos protection whatever to foreign authors. From 17 to 191 no for

an author could be protected under copyright in the United States Following the lead of State copyright laws enacted under the Ar tilaus of Confederation, the 17H(opyright Irt granted protection {* lr to worku by citizens oor rodents of the l'nited States; but it is {"*11. plear son enough that what seemed on its fare to be performen. altrrstment in favor of Amerkan anthor actually amounted to dev

ating discrimination against them. English books and authors Warp popular with the American public and requirei no permwon or ponent of royaltie. Why should I.S.publisher bring out Imerican wwk, for which the profit was uncertain, when they could publish Min line English woke without seeking permesson from anyone or pranithing! The problem was compounded by the lmrk of any 11 pt11ntional copyright relations between the limited States and other fer 18: if an American author did manage to Arhive more Ucre

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waited was that for foreign authors qualifying for protection
Jual Copyright Convention, the manufacturing clause was
ne vith, provided the work was published with the familia
code notice.
This vas the key compromise in the Universal Copyright Cc
und as things have evolved, there is an enormous parados
point was made, but I will make it again, that Henry Clav
Strying to deal with foreign works by foreign authors, f

futured works by foreign authors; the whole structure
on of the manufacturing clause has been in the direction
is wicks. We are now at the point where the principal impa
punajority of the impact of the present law is on American
azian authors, and where, under the revision bill, the tot
at would be on works by American authors; foreign wor
ested entirely.
Hak I will leave you to read this, if I may, because it is i
plated to try to summarize, but I will turn to the summ
posent law, which is on page 12, and this is what we have c
betie original act was in 1891, there were amendments or re

1.134.1915, and then the act was revised in 1909, and there ha

ans in 1919. 1926. 1949 and, again, effective in 1955.
This is the present law, not the bill. We are now dealing wit
se periodicals in English, except where the work is exemptec
la Timersal Copyright Convention, and, as a practical matt
was that the requirement now applies almost entirely to Aj
as There are certain provisions dealing with graphic worl

terrible nuisance. I am not sure they serve a great deal of
turbody, but they are still a part of our law. They would be
se de revision bill.

is interesting to observe now, in the light of what we ha s orer the last 10 years, that one major issue seems to

Section 16 of the present law is poorly worded; th resto cover everything, and as a result they left some gapi

und one of them was an apparent loophole that allow

en to have foreign manufacturing firms do the compo appe abroad and then import certain artifacts and repro

bere. The wording of section 16 was so ambiguous that
Vele interpretation, and they were certainly doing that,

batly contested in the middle 1960's.
Lisnally, the intention of section 16 is that all forms of bo
og be done in the United States. It did not have the
the present law, the principal exception, if you canno

der the manufacturing clause directly, the principal
w as the ad interim exception, or an ad interim copyr

periodicals by U.S. citizens, first manufactured

ted, and for the few foreign works still failing t S UCC. 1 5-year ad interim copyright can be secured! to ad deposit within 6 months after first publica

copyright can be extended to the full term by ma ustration of a U.S. edition within the 5-year period

of registration, which was once quite widely us at it is mainly American authors, and it is certair

mer.ded was that for foreign authors qualifying for protection in the Cuversal Copyright Convention, the manufacturing clause was done away with, provided the work was published with the familiar "c" Da circle notice.

This was the key compromise in the Universal Copyright Conventron, and as things have evolved, there is an enormous paradox here. Tuus point was made, but I will make it again, that Henry Clay started out trying to deal with foreign works by foreign authors, foreign tanufactured works by foreign authors; the whole structure of the evolution of the manufacturing clause has been in the direction of foren works. We are now at the point where the principal impact, the

trat majority of the impact of the present law is on American works, Awerican authors, and where, under the revision bill, the total impat would be on works by American authors; foreign works are exempted entirely.

I think I will leave you to read this, if I may, because it is just too complicated to try to summarize, but I will turn to the summary of the present law, which is on page 12, and this is what we have come to. After the original act was in 1991, there were amendments or revisions in 14.1. Mij, and then the act was revised in 1909, and there have been TPS ons in 1919.196.1919 and again. rofective in 1953.

This is the present law, not the bill. We are now dealing with books and periodicals in English, except where the work is exempted under the Cniversal Copyright Convention, and, as a practical matter, this means that the requirement now applies almost entirely to American authors. There are certain provisions dealing with graphic works. They are a terrible nuisance. I am not sure they serve a great deal of purpose for anybody, but they are still a part of our law. They would be deleted under the revision bill.

It is interesting to Olmerve now, in the light of what we have been tl.roigh over the last 10 years, that one major issue areme to have re. Penjel Sition 16 of the present law is poorly worried; they were Irving to cover everything, and as a result they left some gaping loop holen, and one of them was an apparent loophole tint allowed is pilbers to have forrign manufacturing firmdo the composition of the type abroad and then import certain artifacts and reproduire the cupie here. The worrling of sertion 16 w wo ambipionatlint thja 19 # *, le inte's portation, and they were certainly doing that, and this *1 0 's contested in tlieti delle 1.96

Laurally, the unitetition of motion 10 in that all forin. of luok mann. 1. turing lip dump in the latite state. It did not hair that rollert. T! Be the potreby law, timp principal proyepatron, if potrannot get it 1:13: labiedrilir Innlitt!

J a mislite tv, the pro]}'" I "Pippurinn 3,41 as Used felis etiap(!), or an aid interim copsright. For * y an t ins' kiy . 11/ny, first It,'t! nflufstrennid pub. i alopotil, au for the fox for Noth still f: line to quility

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