The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-01-14
BY FREDERIC ]. HAsKN

ny J.
Washington, d. c., Jand. 14.-One
piece of legislation which Is prac-
tically certain Of enactment at this
short session Of Congress is the new
copyright measure, embodied in the
Vestal bill. It Is designed to put q
stop to the international pirating Of
American works of art of every de-
scription, from books and music to
sculpture in bronze and marble and
v designs for smart gowns and the
patterns of textiles themselves.
Moreover, an emergency presents
itself in that unless action is taken
on the bill before next August, Amer
leans will have even less protection
than they now enjoy from the Euro
pean and South American pirates who
are eager to adopt or adapt the fruits
of American creative genius. For the
International Copyright Union, at q
recent Berne convention, rescinded
the arrangement by which a citizen Of
a -member nation may procure
international copyright by obtaining
protection through a neighboring
member country.
The United States does not belong
to the International Copyright Union.
In the past, protection in the 40 coun-
tries which do belong has been OBJ
tanned in the following manner: An
American writer will take out a copy
right under the American laws, reg
istering his work with the Register Of
Copyrights at the Library of Congress.
He then will file application with the
British Government for copyright in
that country. Now, as Great Britain is
a member Of the International Copy
right Union, the American writer OBJ
tains protection in all the 40 coun-
tries signatory to the International
Copyright Union.
Involves Red Tape
This system has served for those
who have had the foresight to take
out such foreign copyrights. However,
there is considerable red tape involved
in dealing thus with a foreign men,
Der country and many American Gre
alive artists neglect to go to the
trouble.
Book publishers in foreign coun-
tries, reproducers of paintings, draw
ings and the like as prints and litho-
graphs, designers of hats and gowns,
publishers of sheet music, and per-
formers, producers of plays are alert
to discover American works of merit
which have not been protected. Not
infrequently they rush to their own
copyright offices and take out copy
rights in their own names. It is pure
piracy. It is outright theft but OF
a sort which cannot, under existing
practices, be punished. Nor can the
creator of the work recover damages
for infringement.
It is a general rule of law that a
person who sleeps on his rights loses
them or has them SO badly impaired
that he cannot take action. The Amer
lean who has neglected, therefore, to
take out a copyright in a country
which is a member of the Internation-
al Copyright Union is regarded as
having slept on his rights. Even if he
intends to obtain such protection but
is dilatory in filing his application
and a foreign pirate makes prior ap-
plication. he loses.
The old time black flag pirate who
stole property on the high seas was
hanged if he were caught. The prop
erty he stole was tangible, seizable
goods. All idea, a conception of q plot
of book o. play, q tuneful melody. q
work of art in painting, sculpture or
articles of personal wear such as hats,
gowns, and jewelry, is SO intangible
that, once cast unprotected upon the
high seas of world apprehension and
perception. 1t a be seized upon and
possessed with impunity. In a meas
ure, the practice resembles the jump
ing Of a land claim in the absence Of
the original entryman.
Not Actually Stolen
In no case is an actual book, play,
painting, or hat stolen. But a for
eigner can copy a book, copy the plot
of a play. He merely has to hear a
tune coming down the wind and learn
to whistle it. He only has to see q
picture. One cannot in law replevin a
whistled tune. The result has been
that composers have heard their W
compositions played in foreign cafes
and theatres and seen the sheet music
sold by the thousands Of copies and
discovered to their disrnay that they
are absolutely stopped from obtaining
any royalties or from even selling the
work themselves. The American thus
finds that his own work has been
copyrighted In 40 countries and II
he tries to vend it in any Of them, he
himself, although the originator. may
be sued for infringement by the very
pirate who stole his tune or idea.
That is the situation as it now ex-
lists. But, after next August, 1t will
not ho nnSsihlo aIlen Ia nhfain the