UNEMPLOYMENT ASSISTANCE

As pointed out above in relation to the unemployment insurance fund, the great volume of unemployment and the long periods individuals found themselves out of work put a great strain on the fund. Until 1921, no one could draw benefit for more than 26 weeks in the year, but it was found that this rule would leave many of the unemployed with no relief, so "extended" benefit was granted at first, from the fund, but after 1930, entirely from the National Treasury. Extended benefit was later called "transitional" benefit because it was expected that the situation would soon improve to such an extent that this type of benefit could be given up.

After 1931 these payments were renamed "Transitional Payments" and were paid not at the flat rates, but in accordance with the needs and other resources of the recipient in other words, whether transitional payments were made and how much they were a week, depended on a "means test", i.e., an investigation into how much money was coming into a household from savings, others in the household earning wages, et cetera.

In 1935 these "transitional payments" were taken over by a new body, the Unemployment Assistance Board, which pays what are now called "Unemployment Allowances" to (a) persons who have drawn all the benefits they are entitled to from the Unemployment Insurance Fund, and (b) persons not insured against unemployment. The amount paid per week depends on the needs and other means of the household. The manner in which the amount of allowance to be paid in each case is decided is very complicated and is best studied in the two reports of the Unemployment Assistance Board. These can be obtained from the British Library of Information in New York if they are not available in a local public library. They are as follows:

Report of the Unemployment Assistance Board for 1935

Cmd. 5177. 4s. 6d.

Report of the Unemployment Assistance Board for 1936 Cmd. 5526.

3s.

There are no contributions toward the Unemployment Assistance Fund from workers and employers as in the case of unemployment insurance, and there is no special tax to raise the money for this fund. The money is taken from the general resources of the Treasury and, in part also, from local taxes.

To sum up the provision for unemployment relief very briefly, there is first unemployment insurance paid for a given number of weeks in any year to an unemployed person who has paid a given number of contributions; this "insurance benefit" is paid from the Unemployment Insurance Fund which is raised by equal weekly "contributions" from the worker, the employer, and the National Treasury. When workers can draw no more from the fund until they have paid a certain number of contributions into it again, they may receive "unemployment allowances" subject to a "means test" from the Unemployment Assistance Fund, which is raised by ordinary national and local taxation.

This dual system has been found necessary after many years of experience.

The total cost of the two years ended March 31, 1936 and

kinds of unemployment relief in the 1937 was as follows:

The money was raised as follows to pay these sums:

£78,528,000

Includes sums paid by Army, Navy, et cetera, to fund in respect of men eventually to leave the Services.

The figures show roughly that to meet unemployment relief, industry-1.e., workers and employers paid out about 42 million pounds in the year ended March 31, 1937, while the National Treasury paid out about 62 million pounds, but the unemployment insurance fund had a balance of about 18 million pounds for the year which will go partly toward paying some of the old debt to the Treasury (now standing at about 103 million pounds) and some toward higher benefits, while the rest will be kept in hand against probable heavier calls on the unemployment insurance fund in the near future. There was already a balance of 224 million pounds from previous years, so that the total unemployment fund balance at March 31, 1937, was 42 million pounds. By December 1937 it had increased to over 60 million pounds. (The debt to the Treasury from years before 1932 was 103 million pounds.)

BRAZIL, 1937

has issued a

The Ministry of Foreign Affairs of Brazil handsome 400-page annual in English under the above title, describing the resources and possibilities and presenting current statistics of that country. It is illustrated and carries a large commercial map.

COPYRIGHT LAW OF URUGUAY

Translated by the American Legation, Montevideo

The Senate and Chamber of Representatives of the Oriental Republic of Uruguay met in General Assembly.

Article 1. This law protects the moral right of the author of any literary, scientific or artistic creation and recognizes his right of ownership over the products of his thought, science or art, subject to what the common law and the following rules establish.

Article 2. The right of copyright for works of art or of thought includes the right to transfer, reproduce, publish, translate, perform, and distribute such in any manner whatsoever and to act as agent or to authorize others to do so.

The right to reproduce includes the use of all the methods of mechanical reproduction, such as motion pictures, the phonograph, disks, rolls, cylinders, and other like instruments, whatever may be the use for which they are intended.

The right to publish includes the use of the printing press, lithograph, polygraph and other similar processes; the transcription of improvisations, speeches, lectures, et cetera, even though they be made in public, as well as recitations in public, by means of stenography, shorthand, or other methods.

The right to translate includes not only the translation of languages, but also of dialects.

The right to perform and represent includes the theatre, moving pictures, or other similar methods and additional forms of public spectacles.

The right to distribute includes all the methods of mechanical distribution such as the telephone, radiotelephone, television, and other similar processes.

Article 3. This right is limited, as regards time, in accordance with the articles that follow, without affecting the special provisions sanctioned by the law regarding foundations or other kinds of bequests.

But the rights to which the State, Municipality, or any other public organization has title, in matters covered by this law, shall be recognized in perpetuity.

Article 4. Legal protection of this right shall be granted in all cases, and in the same degree, whatever may be the nature or origin of the work or the nationality of its author, and without distinction as to his school, sect or philosophic, political, or economic tendency.

Article 5. For the purposes of this law, intellectual, scientific, or artistic production comprises:

(a) Musical compositions, with or without words, printed or on disks, cylinders, bands or films, resulting from any kind of printing,

engraving or perforation, or any other means of reproduction or execution; charts, atlases and geographic maps; writings of every kind; pamphlets; photographs; illustrations; books; professional reports and legal writings; theatrical works of any kind or length with or without music; plastic works relating to science or to teaching; works of the motion picture, silent, spoken, or set to music; works on drawing and manual labor; documents or scientific and technical works; architectual works; works of painting; works of sculpture.

(b) Formulas of the exact, physical or natural sciences, whenever they have not been protected by special laws; television; texts and apparatuses for teaching; engravings; lithograph work.

(c) Chorographic works whose scenic arrangement or disposition "mise en scene" is given in written form, or in some other way; original titles of literary, theatrical, or musical works, when the former constitute a creation; pantomines; literary pseudonyms; plans or other productions with graphs or statistics, whatever may be the manner of printing.

(d) Models or creations which have an artistic value, in the matter of dress, furniture, decoration, ornamentation, headdress, uniforms, or precious objects, whenever they have not been protected by existing legislation regarding trademarks.

(e) And, finally, every production within the realm of intelli

gence.

Article 6.

In order to be protected by this law, inscription in the appropriate Register is obligatory.

With reference to foreign works, it shall be sufficient if proof can be furnished to show that the duties required for their protection in the country of origin have been fulfilled, in accordance with the laws there in force.

Article 7. The following are holders of a copyright subject to the limitations previously established:

(a) The author of a work and his heirs.

(b) Collaborators.

(c) Those acquiring any title.

(ch) Translators and those who in any form, with due authorization, intervene in the cases of already existing works (rearranging, adapting, modifying them, et cetera), upon the resulting new work. (d) The interpreter of a literary or musical work, upon his interpretation.

(e) The state.

CHAPTER III

ON AN AUTHOR AND HIS HEIRS

Article 8. The rights of an author, of a patrimonial character, are transferred in all cases provided for by the law. The contract, in order to be valid, must necessarily be stated in writing, but cannot be used against third parties except after its inscription in the Register.

When the contract is made in a foreign country, registration can be made before the diplomatic or consular authorities of the country. Article 9. In every transfer, the right shall be understood as

reserved for the benefit of the transferring author, to share in the benefits which successive acquiring parties may obtain from the increased value of the work. Any contract to the contrary is null and void. The percentage of profit in each case shall be 25 percent. When there exists collaboration or a number of authors, the aforementioned percentage shall be divided in equal parts between the interested parties, barring a contract to the contrary.

Upon the death of the author, his heirs or legatees shall maintain the same right, up to the moment in which the work becomes public domain.

Article 10. During the life of the author there cannot be attached the third part of the amount of author's fees, which the work can produce, beginning from the date of its legal protection, or from the moment in which it finds itself actually on sale.

Article 11. The right to publish an unpublished work, that of reproducing one already published, or that of submitting a work contracted for constitutes a moral right, not subject to forced transfer.

Article 12. Whatever may be the terms of the contract in granting or transferring rights, the author shall have over his work the following rights:

(a) That of requiring the mention of his name or pseudonym and that of the title of the work, in all publications, performances, presentations, issues, et cetera, which are made of it.

(b) The right of looking out for the publications, presentations, reproductions or translations of the same, and of opposing that the title, text, composition, et cetera, be omitted, substituted, altered, et cetera.

(c) The right of correcting or modifying the work transferred, whenever it does not alter its character or purpose and does not prejudice the right of the third parties who have acquired same in good faith.

Article 13. When serious moral considerations intervene, the author shall have the right of taking back his work, it being necessary to compensate the interested assignees, editors or printers for the losses sustained. In guarantee of such compensation, a bond may previously be required by the Judge.

The permission which this article grants is personal and is nontransferable.

Article 14. The author retains his copyright during his entire life, and his heirs or legatees, for the duration of forty years, counting from the death of the author. (Article 40.)

When it concerns posthumous works, the right of the heirs, or legatees, shall last forty years, beginning from the moment of the death of the author.

If the work was not published, presented, executed or exhibited within ten years counting from the date of the death of the author, it shall become public domain.

If the heirs are minors, the period of time shall commence from the time that they have legal representation for that purpose.

Article 15. For works produced through collaboration, the period of ownership of the heirs or legatees shall be counted from the