ministration (NASA) and the Air Force had exercised direct and conclusive control of the satellite for a substantial period.

In response to the second question posed above, the Court held that. although the claim might never have arisen except for the existence of the Memorandum of Understanding, the claim did not rely on the Government's omission to do anything which it promised to do under the agreement, and thus did not grow out of and was not dependent on it so as to preclude the Court's jurisdiction by virtue of 28 U.S.C. 1502. Section 1502 provides that:

Except as otherwise provided by Act of Congress, the Court of Claims shall not have jurisdiction of any claim against the United States, growing out of or dependent upon any treaty entered into with foreign nations.

In interpreting this section, the Court noted that international executive agreements are considered as “treaties" for purposes of this statute, citing Yassin v. United States, 76 F. Supp. 509, 517 (1948).

On question (3), the Court rejected the argument that since all expenditures made by the United States in connection with Skynet II were reimbursable by the United Kingdom, the program was not supported by appropriated funds. On the contrary, it found that Skynet II was directly dependent upon and designed to be dependent upon regular appropriated Department of Air Force/Department of Defense funds, under the 1968 FMSA (22 U.S.C. 2761, 2762).

Finally, the Court found no congressional intent to eliminate Court of Claims' jurisdiction over claims arising from the Government's foreign military sales activities, by reason of the omission from the 1968 FMSA of a special patent infringement jurisdictional provision, corresponding to section 606 of the 1961 Foreign Assistance Act (FAA) (22 U.S.C. 2356). The latter places jurisdiction for patent infringement claims, in connection with assistance furnished under the Act, in the district court of the United States or in the Court of Claims. Relying on the legislative history of the 1968 FAA, the Court said the 1968 Act was not intended wholly to supersede the 1961 Act, but merely to amend and repeal certain provisions. It noted that section 606 was codified as 22 U.S.C. 2356, remained in full force and effect, and under the 1961 Act was "applicable to, inter alia, foreign military sales." Consequently, said the Court of Claims, its jurisdiction under 28 U.S.C. 1498(a) was not barred as to claims properly arising from the Government's foreign military sales activity.

Copyright

On October 19, 1976, the President signed Public Law 94-553 (90 Stat. 2541; 17 U.S.C. 101 et seq.), "An Act For the general revision of the Copyright Law, title 17 of the United States Code, and for other purposes." It is to take effect on January 1, 1978. This was the first

overall revision of U.S. copyright law since 1909. It contains a number of provisions which are significant in terms of U.S. international copyright relations. A summary of those provisions prepared by the Office of Business Practices, Bureau of Economic and Business Affairs, Department of State, follows:

Section 104, "Subject matter and scope of copyright: national origin," sets forth the basic criteria under which works of foreign origin can be protected under U.S. copyright law. Published works are subject to protection under any one of the following conditions:

(A) On the date of first publication, one or more of the authors is a national, domiciliary, or sovereign authority of a country with which the United States has copyright relations pursuant to treaty or is stateless;

(B) The work was first published in the United States or in a UCC [Universal Copyright Convention] country;

(C) The work is published by the United Nations or the Organization of American States;

(D) The work is covered by a Presidential proclamation extending protection to works originating in a specified country which extends protection to U.S. works on "substantially the same basis" as to its own works.

Section 302, "Duration of copyright: works created on or after January 1, 1978," deals with the duration of copyright protection. (This is probably the single most important section in terms of U.S. international copyright relations.) Essentially, section 302(a) provides for a copyright term of the life of the author plus 50 years after this death, with special provisions covering the terms of copyright in anonymous and pseudonymous works and works made for hire. (Protection for works created before that date is dealt with in varying manners, depending upon whether they were previously subject to statutory copyright and, if so, whether they are in their first or second term of copyright on January 1, 1978. The new law does not accord copyright to works "entering" the public domain before January 1, 1978.) Such a term of protection is in line with the practice of most countries of the international copyright community and will also remove a major obstacle to the possible adherence of the United States to the Berne Convention for the Protection of Literary and Artistic Works. [The United States is a party to the other worldwide copyright agreement, the Universal Copyright Convention (TIAS 3324; 6 UST 2731; entered into force for the United States September 16, 1955).] Our membership in the Berne Convention would facilitate and simplify international copyright protection for U.S. nationals.

Section 601, "Manufacture, importation, and public distribution of certain copies," concerns the so-called "manufacturing clause" which is designed basically to protect the U.S. printing industry. The manufacturing clause of the current law severely limits the importation into or the distribution within the United States of English language books authored by U.S. nationals or domiciliaries, unless the copies are produced in, or made from type set in, or plates made in, the United States.

Section 601 liberalizes the present manufacturing clause. First, a violation of the manufacturing clause would not affect the right of the copyright proprietor in a book to authorize a motion picture version or other derivative use of the work. It only affects enforcement of the copyright as against unauthorized reproduction and distribution of the work. Second, the number of copies of any work authorized by a U.S. national, or domiciliary, and manufactured abroad that may be imported has been increased from 1,500 to 2,000, provided that the U.S. Customs Service is presented with an import statement issued under the seal of the Copyright Office. Third, manufacture in Canada is equated with U.S. manufacture under the new law. Fourth, and most important, the manufacturing clause will expire on July 1, 1982. Fifth, even before July 1, 1982, a new exception to the manufacturing clause (section 601(b) (7)) has been added which allows an individual American author, through choice or necessity, to arrange for printing and distribution of his work by a foreign rather than a domestic U.S. publisher, and permits importation into and distribution in the U.S. of unlimited copies of the foreign edition. This addition was proposed by the Authors League of America to enable a U.S. author to go abroad in seeking a publisher if he so desires; this exception is generally not available where U.S. publishing companies are involved in publication of the work.

A number of other provisions that have international copyright implications should be mentioned. Unauthorized duplication (piracy) of sound recording has been a problem both domestically and internationally. Sound recordings will continue to be fully protected under U.S. copyright law. Previously, sound recordings have been protected by an amendment to the 1909 Copyright Act, enacted in October 1971. In addition, secondary transmissions by cable of television signals received from Mexico and Canada will be subject to compulsory licensing procedures which will require compensation. Finally, section 201(e) prohibits giving effect in the United States to involuntary transfers of authors' rights by government bodies unless a previous voluntary transfer had occurred, such as a sales agreement with a publisher. This would have the effect of preventing governments from seizing the copyright of a dissident author in order to suppress publication of his works in the United States.

Dept. of State telegram 279836 to all diplomatic posts, Nov. 13, 1976. For a statement on the purpose and history of the 1976 revision of U.S. copyright law and a section-bysection analysis, see H. Rept. 94-176 and S. Rept. 94-473.

International Cooperation

International Energy Program

The International Energy Agreement (IEA) signed at Paris on November 18, 1974, entered into force definitively on January 19,

1976 (TIAS 8278; 27 UST 1685). See the 1974 Digest, pp. 560-564, and the 1975 Digest, pp. 648-650. On January 30, 1976, the Governing Board of the International Energy Agency adopted a Long Term Cooperation Program, with effect from March 8, 1976 (TIAS 8229; 27 UST 231).

Under the new program, the IEA member countries have agreed: - to create a framework to facilitate the execution of joint energy development projects, drawing together technology, capital, and manpower from two or more IEA countries;

- to consider on a case-by-case basis guaranteeing access to a portion of the offtake to other IEA countries that join in large scale projects which substantially increase energy production over what it otherwise would be;

- to undertake not to allow imported oil to be sold in their domestic economies below a common fixed price of $7.00 per barrel. This minimum support price is a standby system designed to protect the commitment to the development of new conventional energy in Alaska, the North Sea, etc., against disruption from dumping or predatory pricing by oil exporting countries;

- to cooperate in conservation through the fixing of joint conservation targets and the intensive review of national conservation programs to maintain progress toward these targets, reinforce national efforts, and exchange conservation experience and expertise;

- to cooperate in energy research and development including assistance in developing country research and development programs, the elaboration of an overall IEA research and development strategy, intensified information exchanges, and joint projects; and

- to make best efforts not to introduce new discrimination against other IEA members as regards access to energy technology, investment opportunities, and production.

The long term program pledges IEA governments to use their "best endeavors" to (1) use whatever discretionary authority they may have under existing legislation and regulations to assure that nationals of other IEA countries are not treated less favorably in the energy area than their own nationals; and (2) avoid introducing legislation which would prevent them from granting such national treatment.

A background statement submitted by the Department of State to the President of the Senate, the Speaker of the House, and the Senate Committee on Foreign Relations states with respect to the legal authority for U.S. participation:

This long term cooperation program calls for reviews, exchanges of information, and the setting of group targets which are clearly

within the authority of the Executive. With respect to the commitment on nondiscrimination and access, it is understood in the IEA that the "best endeavors" formula applies to the Executive but does not bind the Congress. We would not be under any obligation to seek elimination of any existing legislation or regulations. The commitment to maintain a minimum safeguard price is subject to the availability of appropriate authority. That is, the commitment is to maintain the MSP if authority is available.or to seek authority at an appropriate time in light of oil market developments if such authority is not available.

Executive Order 11932, issued by the President on Aug. 4, 1976, provides guidance on the classification of certain information and material obtained from advisory bodies created by the IEA to implement the International Energy Program. Such information and material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States is to be classified pursuant to E.O. 11652 of Mar. 8, 1972, as amended, with the Secretary of State being responsible for the classification, declassification, and safeguarding of such material in the possession of the U.S. Government. See Fed. Reg., Vol. 41, No. 152. Aug. 5, 1976, p. 32691.

Organization for Economic Cooperation and
Development

At the ministerial meeting of the Council of the Organization for Economic Cooperation and Development (OECD) at Paris on June 21, 1976, Secretary of State Henry A. Kissinger called for increased cooperation among the industrial nations in an effort to reduce the immediate energy vulnerability of such countries and achieve a satisfactory global balance of energy supply and demand over the long term. On behalf of the United States, he proposed that OECD members take the following cooperative steps:

-First, that we establish on an urgent basis joint energy production projects to pool technical know-how and financing in areas such as coal extraction and utilization, uranium enrichment, and synthetic fuels. Such actions would accord with the commitments we undertook in the IEA [International Energy Agency] Long Term Program. They will contribute to the early availability of commercially attractive additional energy sources.

-Second, that we establish collective and individual goals for substantially reduced dependence on imported oil by 1985. This will require agreed targets for additional energy production, particularly in the coal and nuclear energy sectors; these represent our best hope for substantially reducing our energy dependence in the next decade.

-Third, that we agree to intensify our national efforts to reduce the growth in demand for energy.

The United States urges that the Governing Board of the IEA launch these efforts on a priority basis. . . .

For the full text of Secretary Kissinger's address to the OECD Council, see Dept. of State Bulletin, Vol. LXXV, No. 1934, July 19, 1976, p. 77.