Bookish Protectionism

Protectionism is alive and well in the Senate Judiciary Committee--although, fortunately, some of the more odious aspects may be tempered in a compromise now taking shape.

The issue in this case centers on the U.S. copyright law and its manufacturing clause--a provision that most American books must be printed and bound in the United States or Canada if they are to enjoy copyright protection. That provision will expire July 1, as it certainly should have done long since. But, at the behest of printing companies and unions that are associated with book manufacturing, a strong move to extend the provision and make it permanent now enjoys the support of a majority of the Judiciary Committee members.

President Reagan wisely vetoed a similar move four years ago, but Congress overrode his veto then. He is maintaining his firm opposition, but again Congress is resisting and insiders predict that the votes for another override already can be counted.

To make matters worse, Sen. Strom Thurmond (R-S.C.), chairman of the committee and author of the principal bill, has called for new language that would eliminate the present exemption that allows art books and children’s books, publications that are mostly made up of illustrations, to be printed abroad without loss of copyright protection. Should he succeed in that, there will be an enormous price increase and, probably, a significant diminution in the number of children’s books. Furthermore, he has proposed terminating the Canadian exemption, inviting a new trade war with the nation’s No. 1 trading partner.

One compromise now being considered by the publishers and the printers would extend the manufacturing clause as it has been since 1976, including the exemption for books that are primarily illustrated. In addition, the Canadian exemption would be extended for a limited time to serve as an incentive for the Canadians themselves to clean up their own protectionist act. And a trade-incentive clause would be written to open the way for free book trade with the European Community and Japan.

With those amendments and elaborations, the bill would skirt some of the more serious sins of existing and proposed legislation. Clearly the status quo will not do, for it has already been judged in violation of the General Agreement on Tariffs and Trade.

As with all the other protectionist nostrums with which Congress has been playing, the legislation to guard American printers from foreign competition does more harm than good, imposing unreasonable costs on American book buyers to shore up uncompetitive industries.