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THE
52
MUSIC TRADE
REVIEW
DECEMBER 30,
1922
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HEAR IT NOW!
LODGE INTRODUCES BILL TO AMEND THE COPYRIGHT LAW
This Congressional Step Taken in Order to Permit the United States to Enter the International
Copyright Union and to Enable American Authors and Composers to Be Protected
Senator Henry Cabot Lodge, of Massa-
chusetts, introduced a bill in Congress early
this month to amend the copyright law in order
to permit the United States to enter the Inter-
national Copyright Union and so enable Amer-
ican authors and composers to obtain inter-
national copyright protection automatically
when receiving it in Washington. The bill (S.
4101) has been referred to the Committee on
Patents.
The measure is expected to pass both houses
shortly and is in favor with all authors, com-
posers and general artistic workers, as well as
their various societies. A writer in The Clipper
points out that at present the United States is
the only first-class country that is not a mem-
ber of the International Copyright Union, which
offers full protection to all affiliated members in
various countries similar to that given to na-
tives of the respective nations that are members
of the Union.
As read in the Senate by Mr. Lodge the bill
follows in part: "The adhesion of the United
States to the convention creating an interna-
tional union for the protection of literary and
artistic works, known also as the International
Copyright Union, signed at Berlin, Germany,
November 13, 1908, and the 'additional protocol'
to the said convention executed at Berne,
Switzerland, March 20, 1914, . . . that the
United States desires to be placed in the first
class of countries which are members . . .
as provided in article 23 of the said 1908 con-
vention.
"That sections 15, 16, 17, 21 (as amended De-
cember 18, 1919), 22, 31 of the said Copyright
Act of 1909 are hereby repealed . . . that on
and after the date of the President's proclama-
tion as provided in Section 1 of this Act, foreign
authors not domiciled in the United States who
are citizens or subjects of any country which
is a member of the International Copyright
Union, or whose works are first" published in
and enjoy copyright protection in any country
which is a member of the Union, shall have
within the United States for the term of the
copyright prescribed by the Act of 1909, in-
cluding the right of renewal, . . . the same
rights and remedies in regard to their works
which citizens of the United States possess
under the copyright laws of the United States
. . . shall not be subject to any formalities
and shall not be required to comply with the
provisions of the copyright laws of the United
States as to notice of copyright or deposit of
copies and registration . . . not extending,
however, beyond the time that such works fall
into the public domain in such country.
"That during the existence of the copyright
in any book the importation of any copies into
the United States ( thereof except second-hand
copies shall be prohibited, except with the con-
sent of the copyright proprietor in this country.
"That the Supreme Court of the United States
shall prescribe such additional or modified rules
and regulations as may be necessary for prac-
tice and procedure in any action, suit or pro-
ceeding instituted for infringement of copyright
under this act."
The text of the convention creating the. Inter-
national Copyright Union, signed at Berne,
Switzerland, September 9, 1886, and the text
of a subsequent convention held in Berlin, No-
vember 13, 1908, were printed and distributed
to members of Congress by the Library of
Congress. Extracts from these texts follow in
part and will become part of the United States
Copyright Act when the bill introduced by
Senator Lodge is passed: "The contracting
states are constituted into a Union for the pro-
Wishing You
A Very Happy New Year
tection of the rights of authors over their lit-
erary and artistic works."
Article II. "Authors of any countries of the
Union, or their lawful representatives, shall en-
joy in the other countries, for their works,
either not published or published for the first
time in one of those countries, the rights which
the respective laws do now or shall in the fu-
ture grant to natives."
Article V. "Authors of any of the countries
of the Union . . . shall enjoy the exclusive
right of making or authorizing the translation
of their works . . . but the exclusive right
shall cease to exist when the author shall not
have made use of it within a period of ten
years from first publication."
Article VII. "Articles from newspapers or
periodicals cannot be reproduced, in original or
in translation, in the other countries, without
the authorization . . . does not apply to
political discussion, to news of the day or to
current topics."
Article IX. ". . . authors of dramatic or
di amatico-musical works . . . are, during the
existence of their exclusive right of translation,
equally protected against the unauthorized pub-
lic representation of translation of their works
. . . applies equally to the public performance
of unpublished musical works, or of works in
which the wish is expressed on title page that
public performance is forbidden, etc."
Article X. "Unauthorized indirect appropria-
tion of a literary or artistic work of various
kinds, such as adaptations, arrangements of
music, etc., are specially included among the
illicit reproductions to which the present con-
vention applies. . . ."
Article XII. "Pirated works may be seized by
the competent authorities of the countries of
the Union where the original work has a right
to legal protection . . . the seizure to take
effect conformably to the domestic legislation
of each country."
Article XVI. "An International Office is es-
tablished under the name of 'Office of the In-
ternational Union for the Protection of Literary
and Artistic Works' . . . office expense to be
borne by the administrations of all countries
of the Union . . . office is placed under the
high authority of the Superior Administration
of the Swiss Confederation. . . ."
Other articles provide that no alterations in
the articles of the conventions shall be binding
on the Union unless by unanimous consent of
the countries comprising it; official language of
International office to be French, and the office
will also collect all kinds of information relative
to the protection of rights of authors, etc., and
the transformation of a novel into a play comes
under stipulations of Article X mentioned above.
Articles included in the convention held in
1908 include No. 13: "Authors of musical works
have the exclusive right to authorize (1) the
adaptation of these works to instruments serv-
ing to reproduce them mechanically; (2) the
public performance of the same works by means
of these instruments."