nas Cecvention shall be established in German, Italian

group of Contracting States shall be entitled to Zetor-General of the United Nations Educational, rization other texts in the language of its choice the Director-General.

aze azzexed to the signed texts of this Convention.

ARTICLE XVII

n shall not in any way affect the provisions of the Berne Peretion of Literary and Artistic Works or membership in a: Convention.

the foregoing paragraph, a Declaration has been annexed This Declaration is an integral part of this Convention and the Berne Convention on January 1, 1951, or which have wand to it at a later date. The signature of this Convention

also constitute signature of the said Declaration, and ratior accession by such States shall include the Declaration as

Coven ton shall not abrogate multilaterial or bilaterial copyright conangements that are or may be in effect exclusively between two Republics. In the event of any difference either between the sued existing conventions or arrangements and the provisions of ei, cu, or between the provisions of this Convention and those of any ner arrangement which may be formulated between two or more Rudies after this Convention comes into force, the convention or gemed rest recently formulated shall prevail between the parties thereto. werks acquired in any Contracting State under existing conventions Lorens before the date this Convention comes into force in such State De afected.

ARTICLE XIX

mention shall not abrogate multilateral or bilateral conventions or Lageme” is in effect between two or more Contracting States. In the event ang diference between the provisions of such existing conventions or arrangeYou and the provisions of this Convention, the provisions of this Convention Qatrevail. Rights in works acquired in any Contracting State under existby COR EP Jons or arrangements before the date on which this Convention ceives Pige force in such State shall not be affected. Nothing in this article shall adfect the provisions of articles XVII and XVIII of this Convention.

ARTICLE XX

Reservations to this Convention shall not be permitted.

ARTICLE XXI

The Director-General of the United Nations Educational, Scientific and Cultural Organization shall send duly certified copies of this Convention to the States interested, to the Swiss Federal Council and to the Secretary-General of the United Nations for registration by him.

He shall also inform all interested States of the ratifications, acceptances and accessions which have been deposited, the date on which this Convention comes into force, the notifications under Article XIII of this Convention, and denunciations under Article XIV.

1

APPENDIX DECLARATION

relating to Article XVII

The States which are members of the International Union for the Protection of Literary and Artistic Works, and which are signatories to the Universal Copyright Convention,

Desiring to reinforce their mutual relations on the basis of the said Union and to avoid any conflict which might result from the co-existence of the Convention of Berne and the Universal Convention,

Have, by common agreement, accepted the terms of the following declaration:

a) Works which, according to the Berne Convention, have as their country of origin a country which has withdrawn from the International Union created by the said Convention, after January 1, 1951, shall not be protected by the Universal Copyright Convention in the countries of the Berne Union; b) The Universal Copyright Convention shall not be applicable to the relationships among countries of the Berne Union insofar as it relates to the protection of works having as their country of origin, within the meaning of the Berne Convention, a country of the International Union created by the said Convention.

RESOLUTION CONCERNING ARTICLE XI

The Intergovernmental Copyright Conference

Having considered the problems relating to the Intergovernmental Committee provided for in Article XI of the Universal Copyright Convention resolves

1. The first members of the Committee shall be representatives of the following twelve States, each of those States designating one representative and an alternate: Argentine, Brazil, France, Germany, India, Italy, Japan, Mexico, Spain, Switzerland, United Kingdom, and United States of America.

2. The Committee shall be constituted as soon as the Convention comes into force in accordance with article XI of this Convention;

3. The Committee shall elect its Chairman and one Vice-Chairman. It shall establish its rules of procedure having regard to the following principles:

a) the normal duration of the term of office of the representatives shall be six years; with one third retiring every two years;

b) before the expiration of the term of office of any members, the Committee shall decide which States shall cease to be represented on it and which States shall be called upon to designate representatives; the representatives of those States which have not ratified, accepted or acceded shall be the first to retire;

c) the different parts of the world shall be fairly represented;

and expresses the wish

that the United Nations Educational, Scientific, and Cultural Organization provide its Secretariat.

In faith whereof the undersigned, having deposited their respective full powers, have signed this Convention.

DONE at Geneva, this sixth day of September, 1952 in a single copy.

PROTOCOL 1 ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION CONCERNING THE APPLICATION OF THAT CONVENTION TO THE WORKS OF STATELESS PERSONS AND REFUGEES

The States parties hereto, being also parties to the Universal Copyright Convention (hereinafter referred to as the "Convention") have accepted the following provisions:

1. Stateless persons and refugees who have their habitual residence in a State party to this Protocol shall, for the purposes of the Convention, be assimilated to the nationals of that State.

2. (a) This Protocol shall be signed and shall be subject to ratification or acceptance, or may be acceded to, as if the provisions of article VIII of the Convention applied hereto.

b) This Protocol shall enter into force in respect of each State, on the date of deposit of the instrument of ratification, acceptance or accession of the State concerned or on the date of entry into force of the Convention with respect to such State, whichever is the later.

In faith whereof the undersigned, being duly authorised thereto, have signed this Protocol.

DONE at Geneva this sixth day of September, 1952, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be deposited with the Director-General of Unesco. The DirectorGeneral shall send certified copies to the signatory States, to the Swiss Federal Council and to the Secretary-General of the United Nations for registration.

PROTOCOL 2 ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION, CONCERNING THE APPLICATION OF THAT CONVENTION OF THE WORKS OF CERTAIN INTERNATIONAL ORGANISATIONS

The State parties hereto, being also parties to the Universal Copyright Convention (hereinafter referred to as the "Convention"),

Have accepted the following provisions:

1. (a) The protection provided for in article II (1) of the Convention shall apply to works published for the first time by the United Nations, by the Specialized Agencies in relationship therewith, or by the Organisations of American States.

(b) Similarly, article II (2) of the Convention shall apply to the said organisation or agencies.

2. (a) This Protocol shall be signed and shall be subject to ratification or acceptance, or may be acceded to, as if the provisions of article VIII of the Convention applied hereto.

(b) This Protocol shall enter into force for each State on the date of deposit of the instrument of ratification, acceptance or accession of the State concerned or on the date of entry into force of the Convention with respect to such State, whichever is the later.

In faith whereof the undersigned, being duly authorised thereto, have signed this Protocol.

DONE at Geneva, this sixth day of September, 1952, in the English, French and Spanish languages, the three texts being equally authoritative, in a single copy which shall be deposited with the Director-General of the Unesco.

The Director-General shall send certificated copies to the signatory States, to the Swiss Federal Council, and to the Secretary-General of the United Nations for registration.

PROTOCOL 3 ANNEXED TO THE UNIVERSAL COPYRIGHT CONVENTION CONCERNING THE EFFECTIVE DATE OF INSTRUMENTS OF RATIFICATION OR ACCEPTANCE OF OR ACCESSION TO THAT CONVENTION

States parties hereto,

Recognizing that the application of the Universal Copyright Convention (hereinafter referred to as the "Convention") to States participating in all the international copyright systems already in force will contribute greatly to the value of the Convention;

Have agreed as follows:

1. Any State party hereto may, on depositing its instrument of ratification or acceptance of or accession to the Convention, notify the Director-General of the United Nations Educational, Scientific and Cultural Organisation (hereinafter referred to as "Director-General") that that instrument shall not take effect for the purposes of Article IX of the Convention until any other State named in such notification shall have deposited its instrument.

2. The notification referred to in paragraph 1 above shall accompany the instrument to which it relates.

3. The Director-General shall inform all States signatory or which have then acceded to the Convention of any notifications received in accordance with this Protocol.

4. This Protocol shall bear the same date and shall remain open for signature for the same period as the Convention.

5. It shall be subject to ratification or acceptance by the signatory States. Any State which has not signed this Protocol may accede thereto.

6. a) Ratification or acceptance or accession shall be effected by the deposit of an instrument to that effect with the Director-General.

b) This Protocol shall enter into force on the date of deposit of not less than four instruments of ratification or acceptance or accession. The DirectorGeneral shall inform all interested States of this date. Instruments deposited after such date shall take effect on the date of their deposit.

In faith whereof the undersigned, being duly authorised thereto, have signed this Protocol.

DONE at Geneva, the sixth day of September 1952, in the English, French and the Spanish languages, the three texts being equally authoritative, in a single copy which shall be annexed to the original copy of the Convention. The Director-General shall send certified copies to the signatory States to the Swiss Federal Council, and to the Secretary-General of United Nations for registration. Mr. HOLMAN. That is the device to prevent reservations, to slip something in so that they can't have reservations. That is the new trick they have developed.

Mr. RHYNE. My point was that never in any international convention have they provided that you cannot have reservations, and I thought that rather destroyed the idea that through reservations in some of these conventions we could protect ourselves.

These few illustrations demonstrate beyond question that business has a vital need for protection against domestic effects of "treaty" law. And when one adds to these illustrations the subjects being covered by all the other treaties now being proposed or considered, the size of the problem becomes tremendous in scope from the viewpoint of businessmen. With so many committees, commissions, and groups working in this field it is relatively impossible to get an accurate picture of all the things that may be thought up for incorporation in international agreements which may directly or indirectly affect business.

The CHAIRMAN. Mr. Rhyne, in the fourth line on page 5, you say: There are basic differences in the protection accorded copyrights under the governmental systems of other nations and our own laws on this subject. Would you briefly state what those are?

Mr. RHYNE. Yes. Most of the European nations are parties to the so-called Berne Convention, and under that Convention any author automatically has a copyright for 50 years, and his heirs, if he dies, for that full 50-year period, without any notice of copyright, or anything else. Unpublished works are also protected. That means that those books could come into this country without any notice of copyright, and particularly our movie people and others might use parts of it and not know that they are copyrighted, but they are under that particular Convention. Of course, under our laws you must file copies with the copyright office, pay a fee, and publish a notice of your copyright and the name of the copyright owner.

Now, it is true that in this new Universal Copyright Convention they provide that in the future all the countries that adhere to that will put a "C" and the name of the copyright owner on there to indicate copyright. But that is not to affect all the books that have been published.

The CHAIRMAN. In the new law, or under the proposed treaty, how long will the proposed copyright run?

Mr. RHYNE. Under the proposed treaty, I believe it would last for 26 years, with possible renewal for 26 years. The period I am not too sure about, Senator, but it is stated in the copy which I presented here.

There are other differences, but the so-called right of automatic copyright is the main one and the one that causes the most difficulty here. Because our business people think they ought to know who owns the copyright, so that they can go and buy it if they want to use it. And, of course, you can't do it where the Government has no place in those countries where you file them or anything else, to find out anything about them.

A major problem for the businessmen of America is how to keep watch over the United Nations and that Organization's specialized agencies which are taking action or planning action on matters affecting private industry in our Nation. I understand that the proposed Convenant on Human Rights has been thoroughly discussed by other witnesses. The social and economic rights there proposed to be guaranteed to the peoples of the world would, if made effective in our Nation, destroy in many respects vital parts of our free enterprise system. Even the most avid supporters of the human rights program concede that it should not cover economic and social rights.

That covenant is under the sponsorship of the United Nations' Social and Economic Council. The United Nations also has many other committees and commissions hard at work on other economic and social problems of the world. Further, there are many more specialized agencies, which are independently established international organizations affiliated with the United Nations, not yet mentioned such as the International Refugee Organization, the World Health Organization, the Food and Agriculture Organization, the International Monetary Fund, the International Bank for Reconstruction and Development, the Intergovernmental Maritime Consultative Organization, the International Trade Organization. I may say, of course, that the International Trade Organization has never gone into effect. There was such an uproar about its charter. I know that hearings were held before the Senate Finance Committee some years ago, but it was never officially presented to the Senate for action. Mr. HOLMAN. That was known as the Havana Charter. Mr. RHYNE. Of 1946.

Also, the International Telecommunications Union, the Universal Postal Union, and the United Nations' Educational, Scientific and Cultural Organization. In addition, many of them create their own special agencies and committees. By merely glancing at the names of these organizations it is possible to get an idea of the unlimited activities they carry on which are of interest to businessmen.

It is certainly true that these organizations may do much of great benefit to business but they can also do tremendous harm. Harm that is often accomplished before it is discovered. And this great expansion of treaty sponsoring groups when coupled with the idea that there is no longer any difference between international and domestic affairs, and the idea that simply by calling any domestic subject "international" it can be put into a treaty and made the "supreme law" of our land under our Constitution, is startling to say the least. But there can be no doubt but that the basic idea back of these conventions is the building up of a vast body of "treaty" law of vital effect upon the businessmen of our Nation. It has been estimated that there are some 200 treaties affecting businessmen in one way or another now either proposed or under active consideration by the United Nations and its