We have just succeeded in securing the enactment of an amendment, a copy of which is enclosed.
This amendment has two purposes:
First:—The extension of the ad interim term of copyright from sixty to 120 days.
An English author now has four months' time within which to complete the arrangements for his American edition, and there is no reason why any book having value for American readers should not secure the full protection of American copyright.
Second:—The Bill has the further purpose of giving protection to the books of transatlantic authors which, under the special conditions of the years of war and the dislocation of transatlantic mails, had failed to fulfil the requirements of the copyright law. These books, as far as they may not already have been appropriated, are now placed in a position to meet these requirements and to secure copyright for the full term. It is, however, a condition of this special protection that the British authorities shall give reciprocal protection to books by American authors which, under the same war conditions, have failed to meet the requirements of the English statute and have, therefore, forfeited the protection of the British Copyright Act.
The American authors have here a fair ground for complaint against Great Britain.
The British Act of 1912 provides that copyright protection will be accorded only to a book which has been brought into bona-fide publication, and the Courts take the ground that this means placing "adequate supplies" of the book in the market within the term specified, fourteen days. This term is, you will note, very much smaller than the sixty-day term granted in the earlier American Act, or the 120 days which are now available.
In 1916 books were included under the heading of luxuries, the importation of which into Great Britain was prohibited by the embargo Act. Great Britain had, therefore, granted copyright with one hand and with the other, under this embargo Act, had made it impossible for American authors to meet the requirements of the Copyright Act. The copyright arrangement between the United States and Great Britain that went into effect in 1891, and that was confirmed by the Act of 1912, carried with it the obligations of a treaty, and the embargo Act constituted, therefore, as far as copyright was concerned, a violation of the treaty obligation.
I found, in bringing this matter in 1918 to the attention of the Comptroller-General, that this consideration had not occurred to the British authorities at the time of the embargo Act.
I pointed out to the Comptroller-General that as a result of this embargo provision property rights had been lost not only for American authors, but for a certain group of British authors who, not being able under the manufacturing difficulties of the war period to secure prompt publication of their books in Great Britain, had made first publication in the United States. In so doing they had forfeited their British copyright, although it had been their impression that they would be able when the war had come to an end to secure protection for British editions. The Comptroller-General agreed that the condition was unsatisfactory, and agreed further that if the United States would do what was now practicable to protect the publications of the war period a similar protection of books of American authors would be arranged for by the British authorities.