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18 Bull. Copyright Soc'y U.S.A. 91 (1970-1971)
The Origins of the Stockholm Protocol

handle is hein.journals/jocoso18 and id is 99 raw text is: Johnson. Origins of Stockholm Protocol. PART I. ARTICLES 105. THE ORIGINS OF THE STOCKHOLM PROTOCOL By CHARLES F. JOHNSON INTRODUCTION The purpose of this paper is to examine the background of the Stockholm Protocol Regarding Developing Countries rather than the proceedings at the 1967 Stockholm Conference and their specific results. In the wealth of material now available on the Stockholm text of the Berne Convention, there seems to be general agreement that the most important and, incidentally, the most controversial item resulting from the Conference was the Protocol. Although the Stockholm Conference did adopt several substantive proposals in other areas, notably those dealing with cinematographic works,' all of these have virtually been transcended by the special reservations permitted developing countries in the text of the Protocol. It has been suggested that the Protocol represents a crisis in inter- national copyright: a clash of attitudes between developed and develop- ing countries and their differing notions regarding the sanctity of copy- rights.2 In actuality, this is true. Unfortunately, the developed countries have become the primary producers and capital-exporters of copyrighted works, while the less-advanced countries, in order to reduce their high illiteracy rates, have had little alternative but to become nothing more than users and capital-importers of these same works.3 It is not surprising then, that the two groups view the matter of copyright on somewhat different terms. Basically, copyright law, when expressed in an international treaty, provides the means for an effective economic balance in the protection 1. See Ringer, The Stockholm Conference of 1967, 14 BULL. CR. Soc. 424 (1967). Cf. also Masouy6, Prospects of Revision of the Berne Conven- tion, 43 Revue Internationale du Droit d'Auteur 28, 30 (1964), wherein the author suggests that at one time this issue was considered to be the most important item on the Conference agenda. 2. Sacks, Crisis in International Copyright. The Protocol Regarding De- veloping Countries, 128 Journal of Business Law, 26 (1969). 3. Id. 91

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