Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-11
THE COPYRIGHT SITUATION
BY FREDERIC J. HASKIN.

One piece Of legislation which ID prac-
tically certain Of enactment at this
short session Of Congress Il the new
copyright measure, embodied In the
Vestal bill. II u deSigned 10 put . stop
70 the international ptrattng Of Amer
lean works Of art Of every description
from books ana music 10 sculpture In
bronze and marble and even designs for
smart gowns and the patterns Of textiles
themselves.
Moreover, an emergency presents
itself IN that unless action 10 taken
on the bill before next August Amer
leans viii have even less protection than
they now enjoy from the European and
South American pirates who are eager
TO adopt or adapt the fruits Of Amer
lean creative genius. For the Tntefna-
tional Copyright Onion, at . recent
Bern convention, rescinded the ar.
rangement by which o citizen Of q nom
member nation may procure tnterna-
tional copyright by obtaining protection
through q neighboring member country.
The United States does not belong
to the international Copyr1ght Union.
In the past, protection In the 10 coun-
tries which do belong has been obtained
in the following manner: An Amer
lean writer win take out . copyright
his work with the register Of copyrights
at the Library Of Congress. He then
viii file application with the British
government for copyright In that
country. Row, e. Great Britain is q
member Of the International Copyright
Union, the American writer obtains pro-
lection In all the 20 countries signatory
to the international Copyright Union
This system has served for those who
- AaA h. - Al
foreign copyrights. However, there ID
considerable red taps involved IN deal
ing thus with foreign member country
and many American creative artists
neglect TO 20 TO the trouble.
Book publishers IN foreign countries
reproducers Of paintings, drawings and
the like as prints and Autographs, de-
signers Of hats and gowns, publiSheTl
Of sheet music and performers, pro-
ducers of plays. are alert t. discover
American works of merit which have
they rush to their own copyright ofacea
and take out copyrights IN their own
names. 1t u pure piracy. Il y out
right theft, but Of sort which cannot
under existing practice, be punished
Nor can the creator Of the work re-
cover damages for infringement.
Sleeping sn Rights.
It Is q general rule Of law that q
person who sleeps on his righte loses
them or has them 30 badly impaired
that he cannot take action. The
American who has neglected, therefore,
TO take out q copyright in . country
which u Q member Of the international
Copyright Union Il regarded As having
slept on his rights. Even II he intends
10 obtain such protection, but n diiatory
in fling his application and Q foreign
pirate makes prior application, he loses,
The old-time black nag pirate who
stole property on the high seAs was
hanged II he were caught The prop
erty he stole was tangible, seisable
goods. An idea, o conception OF q
plot Of book or play. tuneftl melody,
q work Of art In painting. sculpture OF
articles Of personal wear, such - hats,
gowns and jewelry, 10 20 intangible that
once cast unprotected upon the higi,
seas Of world apprehension and per.
ception, It can Be seised upon and
possessed with impunity. In measure
the practice resembles the tunarlng Of
a land claim in the absence Of the
original entryman.
In no case IL an actual book, play
painting, or hat stolen. But Q foreigner
can copy q book, copy the plot Of q