Chapter XLIII: Section 30: reads
That during the existence of the American copyright in any book the
importation into the United States of any foreign edition or
editions thereof (although authorized by the author or proprietor)
not printed from type set within the limits of the United States or
from plates made therefrom, or any plates of the same not made from
type set within the limits of the United States, or any editions
thereof produced by lithographic process not performed within the
limits of the United States, in accordance with the requirements of
section 13 of this act, shall be, and is hereby, prohibited.
Now, gentlemen of the committee, that prohibition does not amount to a row of pins. It is as void as is the atmosphere around the North Pole at Christmas time of all human interest, because, although one would suppose by a superficial reading that it put a fence up around all parts of the lot, it leaves at least half the sides of the lot entirely uninclosed. Thus, it prohibits nothing except the importation of an entire edition. Now, somebody may say: "No; it is not an entire edition it is aimed at, but only one specimen of the edition."
But I say in response to that, that that language "Edition or editions" is taken out of the present statute, and in the present statute the words "edition or editions" are confined in their meaning to entire editions by the circumstance that the present statute prohibits also the importation of individual copies. So that if Congress were to enact that section, and it should come before a court, the lawyer for the defendant would say: "It is perfectly plain that Congress intended to change the law. Formerly, in its wisdom, it prohibited the importation of an edition or editions, and also the importation of individual copies. Now it has expressly left out prohibition of the importation of individual copies and prohibited only the importation of an entire edition," and there would not be any answer whatever to that argument.
Mr. SULZER. Then, in the interest of the working people of the United States, you would prefer to have the law left just as it is now?
Mr. WALKER. That would be much better than this; but I would strengthen that law. I know how to strengthen it, and I----
Mr. SULZER. Will you tell us, briefly, how you would strengthen the present law?
Mr. WALKER. Yes; I would do it by amending this section in three places, very simply, if the stenographer will take this down.
Mr. SULZER. He takes everything down.
Mr. WALKER. Very well. I propose that section 30 be amended in the interest of American mechanics by substituting the word "copy" for the words "edition or editions" in line 5 of page 23. Then in line 9 of that section----
Mr. SULZER. "Or any part thereof?"
Mr. WALKER. Wait a moment--and by substituting the word "copy" for the word "editions" in line 9 of page 23; and by substituting the words "any other" for the word "lithographic" in line 10 of page 23. Now, with those amendments, every door would be closed, and the American mechanic would be protected at every point.
Mr. SULZER. Would that preclude any part of that edition being imported?
Mr. WALKER. It would, because that language, "or any part thereof," is contained elsewhere.
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Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyrightChapter XLIII: Section 30: reads
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