M al 2
Ghana 4 Dh hw) \. Yawby
Toy Wale
/ 783 President Street
Lyrae’ wn be ale u brooklyn 15, New tork
utes Lye 7 20 September, 1955
Dear Professor Derenberg:
Eheu! fugaces labuntur anni -- but even Horace iC
kept his odes under a bussei nonum in annum would be surpri
at a mail carrier so “derelict of duty as to wait
lustra until delivery. if 1 have any excuse it is
tion, well-founded.on circumstential ethg thin or
letter was written in:my own behalf rethe zine
of the addressee; favors may be waived. . had
my mind from the further pursuit of law to ‘Torey sone 2
After getting a Columbia 5.8. in this field became the edi
in chief of the world's most widely distributed encyclopedia
(net the — though) and also edited a couple of other books,
This will xplain my reluetence to approach you. the time has
now come, Seve; when I feel no longer justified in an .
for which a postman would be subjected to disciplinary, end
haps criminal, punishment. After all, the aati i Sy
Something different from what 1 was assuming + 1e has
because I reverted to my Old, apparently insuppressible, «
siasm for the law, Goethe's "Gegeisterung ist Keine £
Die man einpoekelt fuer manche Jahre" being wrong in ay case
the present term is my last, 1 hope. dnd of course hearing yo
lecture on copyright, that ts, meeting you-im person, — cieraed
= conscience and made me prendre le mors aux dents. Fi
a forward direction 1 apologize for the long deiay.
May I add that since btz, pronounced Bates in eres
Was my customary abbreviation on copies and my original name —
proved hard to Americen tongues I had the contracted some e
Ciged and legalized when I became a citizen.
Sincerely yours,
Roy C.. Bates as ee
Enclosure
Walter J. Derenberg, Esq.
165 Broadway
New York, New York
a
. New York, New York
Dear Professor Derenberg:
"First thing, the next morning," after
inations had been done a ‘tried to register
The rules of the School do not permit it at this 1
told me. I was more tts iets he than 1 u
t of the bargain by his ay ne yet secured
vo of Rome's history- <in- prospect from the
fou ase could be learned
two-thirds of the entire course -- it seems that I
hope to participate. but if you should rg mote to ha
me as to how I might deepen and expand ety ge
law by study and in practical training rT should
indeed. It is, as it was, the field of my liveliest
Walter J. i Esq.
165
JOE E.DANIELS
WALTER J. DERENBERG
H. von MALTITZ,
FRANCIS J. SULLIVAN
LOUIS KUNIN
LOUIS ALEXANDER March 8, 1956 ~s
ALEXANDER, MArri1z, DERENBERG & DANIELS
COUNSELORS AT LAW
Roy C. Bates, Esq.
753 President Street
Brooklyn 15, New York ~
Dear Mr. Bates:
I am sorry that you were too late to
register for the Copyright Seminar. However, there
no reason why you should not be my guest for a lecture
or two. There is an especially interesting lectur
up on March 15th by Philip Wittenberg, on "Copyrigh:
in the Field of Book Publishing." Why not come in to
hear that one from 6 to 7:45 p.m. in Room 346?
With kind regards -
Sincerely yours,
WW? Sted,
WdJD:DH Walter J. Derenberg
|
|
753 President Street
Brooklyn 15, New iork
April 4,..1956
Dear Professor Derenberg:
, So hairsplitting and spupuious Sai
a@ casuist as Sanctus Alphonsus de uigorio must have dealt |
with the query whether a guest-iicensee becomes a trespasser - =|
when he stays on though there was an essential alteration in =
the progrem of the feast to which he had been invited, e.g. =
and i.e., Miss “icholson substituting for Mr. Wittenberg.
But I failed to remember the soiution of the saint; nor
could I enlist Emily Yost whose ethics of etiquette are ahead
of my reading. Uncounseled and ieft to the stili small voice
within I kept my seat, profited from the speaker's experie:
and had a good time. if elusive Mr. Wittenberg had been ta
I might have told him about the strange surroundings amid which
I happened to meet his Literary Property first. it was in tne
fifth year of the Oriental zodiak, a year of the dragon. ine
scene: the rock garden of the Fujiya Hotel at Miyanoshita,
Hakone, Japan. While I was admiring an array of dwarfed trees
(bonsai) a young girl clothed as a budding geisha (hangyoka)
appeared, bowed, graciously smiling handed me the book. in :
vain did I try to return it to her. ater, in the lobby,
learned from the honorable ‘amaguchi-san himself -- managing
director, and owner of the longest and most cultivated mustache
ever sported by man -- that he had dispatched the girl, assum-
ing I would be interested in the volume which some honorable
traveler had donated to the hotel library. i was, I aiso re-
call that I found a provision in the model contract somewnat —
unrealistic. it congerns changes in the text. Mr. Wittenberg
seemed to believe that the average author's bargaining power
is strong enough to overcome the practice of editing by an
employee of the publisher. Of course, James 4oyce couid fend
the insertion of a single period in the stream-of-conscious:
monologue of Ulysses or the reformation of multilingual tongue-
twister puns in Finnegan's Wake, and Gertrude Stein would nave
justly poisoned an editor who biuepenciied “is a rose" after ——
“is a rose" as redundant. ‘ut dil minorum gentium have no such
power, and at present the forms of some of the biggest publish-
ing houses surrepetiously end impliedly reserve the right to
change the original in a sentence added to or aidden under i
"Representations." |
if you, dear Professor Derenverg, have ¢
been to Japan these dry reminiscences will conjure up pleasnat
and colorful memories. At any event, 1 wish to pn oa
again very much for your hospitality. :
With kind regards,
sincerely yours, —
NEW YORK UNIVERSITY
SCHOOL OF LAW
WASHINGTON SQUARE, NEW YORK 3, N.Y.
FACULTY OF LAW TELEPHONE: SPRING 7-2000
December 12, 1956
Mr. Roy C. Bates
753 President Street
Brooklyn 15, New York
Dear Mr. Bates:
While I am not at the present time a member
myself of the Club and do not know if I am acceptable as a
sponsor, it is a great pleasure to act as your proposer.
I am therefore returning the form, properly filled out.
With all good wishes -
Sincerely yours,
WJD:DH Walter J. Derenberg
Professor of Law
ial
Roy C. Bates 753 President Street
Brooklyn 15, New tork
December ll, 1956
Dear Professor Derenberg:
there does not seem to be an English term exactly
corresponding, in mood and scope, to the German "Anliegen."™
But this is what I have, something trifling yet important...
somehow.
The New Ltork University Alumni News of October last
earried a blank soliciting membership in the New York Uni-
versity Club. I cut it out, filled it in, and mailed it,
together with my check as requested, late in tovenver. 74 few
lays ago I received the enclosed "Proposal for Members. roe
@nd I learned that I cannot be born into the club without the
ywidwifery of a "proposer" and a “seconder." both must be
graduates of New tork University.7/None of my legal cronies
are the particular brand of graduate required. So I am wondering
whether youjwould be gracious enough to sign as "proposer" Kee
and I will then cast about for a “seconder."
May 1 take the opportunity to wish you the best
for Christmas and the New Year.
With kind regards -
sincerely yours,
Walter J. Derenberg, Esq.
Professor of Law
165 Broadway
New York 6, New York
Nov. 8, 1957n
At Prof. “erenberg's office, B'way
D: die "Stiftung" ist innerhalb des “echts der Mrs, Meyer ueber die
Briefe zu verfuegen. Sie kann sie irgendwem schenken oder auch
verkaufen. Das Urheberrecht bleibt natuerlich bei den Mannschen
Erben.
D. will write to Library of Yongress for document (internal direction:
?) re handling of private letters given to Library of Vongress.
Library cannot exhibit the letters without making it clear to the
public, nor let anybody read the letters , without making it clear
that the letters must not be copied and that if a biographer ‘thomas
Mann's wants to use the letters he must ask the heirs for their
permission.
I promised to lend him Erika Mann's Das ~etzte Jahr_
*
Dis a lifelong pianist and music lover.
He left “ermany by air in 1934 (?) togeth r with Demuth and
Otto Meyer. D was then a Gerichtsassessor connected with some
commercial institution. He just got Bescheid about German pension
(from Berlin, not Samburg though Hamburg was his doicile and “erlin
only a derivative working place for him). + about $240 a month.
*
D suggested that I (after the document is in or shown not to exist)
to propose to Erika that I write a letter to “ibrary of Congress
3 The letters enjoy common-law copyright. They must not be
exhibited or shown to any person without making it clear that shay
the copyright is in Mann's heirs, i.e., that they must not be copied
and that if a biographer wants to use them he needs special permissio
from the heirs. (Please acknowledge the receipt of this letter.)
*
*
be bad J. Derenberg, Esq.
65 Broadway
“flew fone 6, New Lork
WaLTER J, DERENBERG
COUNSELLOR aT Law
165 BRroapway
SuITE 920
New York 6, N.Y.
Diepy 9- 2930
November 13, 1957
—
/4
Dear Mr. Bates:
I return to you herewith Erika Mann's
‘Das Letzte Jahr" and want to thank you very much for
lending this to me. I have read it with a great deal
of interest.
With kind regards -
Sincerely yours,
WW? Bau.
WJD:DH
encl-
To: Roy C. Bates, Esq.
511 West 232nd Street
Riverdale 63, New York
X Ps. Har Littin fo te Cyypllt Ofia to Felt
= COPYRIGHT OFFICE
“a THE LIBRARY OF CONGRESS
Wi ees® Wasumarton 25, D. C.
November 15, 1957
Walter J. Derenberg, Esq.
165 Broadway
Suite 920
New York 6, New York
Dear Walter:
In response to your request of November 12, 1957, I am
advised that all persons who desire to make use of the facil-
ities of the Manuseripts Division of the Library of Congress,
in which Division such letters as you mentioned would be kept,
are given a copy of the enclosed notice, which is self-explana-
tory.
I am also advised that it is the policy of the Library
to make clear to donors of manuscript letters that the common
-law rights rest in the writers of the letters or their heirs
and not necessarily in the donors,
It should be added that although the Library's policy
envisages the use of manuscript letters for research purposes,
provided there are no restrictions placed upon them by the
donors, the Chief of the Manuscripts Division in certain
instances, as indicated in the enclosed circular, reserves
the right to restrict the use of certain types of letters.
I trust the above satisfactorily answers your inquiry.
If not, I should be glad to attempt to find out any additional
information you may desire in this regard.
Sincerely yours,
George see
General Counsel
Exclosure:
"Restrictions on the Use of Manuscripts in the
Manuscripts Division, Library of Congress"
RESTRICTIONS ON THE USE OF MANUSCRIPTS
in the
MANUSCRIPTS DIVISION, LIBRARY OF CONGRESS
Restrictions on the use of manuscripts are of two kinds:
1. Those imposed by donors or depositors of collec-
tions. Such stipulations vary greatly. Informa-
tion about those applying to any specific collec-
tion will be supplied upon request.
2. Those imposed by the Chief of the Division
(Library Restrictions) upon collections contain-
ing a substantial amount of recent material and
upon certain earlier collections the content of
which makes such restrictions advisable. The
term "Library Restrictions" means that papers may
be used only by permission of the Chief of the
Manuscripts Division or his representative.
It is the policy of the Library to discourage direct quotations
of: (a) libelous or scurrilous matter; and (b) matter of a
wholly personal and private nature, unless such matter is
properly relevant to the subject under study.
Persons using the collections are advised of a principle which
does not originate in the Library but is a matter of common law.
This is the principle that the writer of an unpublished letter
or other manuscript has the sole right to publish the contents
thereof, unless he affirmatively parts with the right; and the
right descends to his legal heirs regardless of the ownership of
the physical manuscript, Responsibility for obtaining necessary
rmissions to publish, in accordance with this principle, rests
with the author and his publishers, At present, photoreproduction
of unpublished manuscripts written during the past 50 years is
not ordinarily undertaken unless the owners of the literary rights
therein have given specific permission or have dedicated their
rights to the public.
0127-13
4/23/54
ALEXANDER, Mautitz, DERENBERG & SULLIVAN
COUNSELORS AT LAW
LOUIS ALEXANDER
WALTER J. DERENBERG November 19, 1957
H. von MALTITZ Ps
FRANCIS J. SULLIVAN 2p
LOUIS KUNIN
165 BROADWAY
NEW YORK 6,N.¥.
TEL. DIGBY 9-2930
CABLE ADDRESS
ALMALDA
Roy C. Bates, Esq.
511 West 232nd Street
Riverdale 63, New York
Dear Mr. Bates:
As I told you, I had inquired from a friend
of mine in the Copyright Office about the problem which you
submitted to me the other day. Enclosed you will find
the answer from the General Counsel of the Office, as well
as the directive which is presently in force. I believe
this is self explanatory and there can be no question that
the Library will respect any restrictions imposed tipon this
material by the Estate of the late Thomas Mann, even if those
restrictions should go beyond those set forth in thé enclosed
directive. I hope this information will be of use to-you.
With regard to your personal problem, I have
not yet been able to pick up any real helpful suggestions but
will continue to think about it.
With kindest regards -
Sincerely yours,
WJD:DH Walter J. Derenberg
encl-
November 20, 1957
Dear *rofessor Yerenbergi
4 am much beholden to you for
the steps you were good enough to take in memory of +homas Wann,
as it ware. ‘he information enclosed in your letter of
November 19 wili certainly ellay the nervous premonitions
of his family.
4nd I doubl, appreciate your con-
tinued interest in my personal heir-raising--instead of
revenue-raising--Stamp Act. Its namesake of the 1760's
met with too strong an opposition. 1 still hope that amine
will pass if you can unearth somebody famliiear with the,
ways of the State + epertnens.
with kindest regards-
Sincerely yours,
Walter J. Derenberg, Haq.
165 Sroadway
New sork 6, New iork
September 28, 1961
Walter J. Derenberg, squire
Counselor at Law
Suite 920
165 Broadway
New York 6, New York
Dear Professor Derenberg:
It so happened you came to my mind when acy this month, in
Chartres, I saw an affiche advertising Mlle Sagan's movie,
"Dites-moi, aimez-vous Brahms?" (Your answer would be Yes,
I thought. }
After my recent return fron Europe a printed question, "Give
the names and addresses of three attorneys who know you. These
should be other than those supplying your application..." proanp-
ted a similar, though more qelttan, remembrance.
"Herr, dunkel ist der Rede Sinn." Well, while driving through
Milton on a wintery afternoon my wife and I fell in Rove with
a beautiful old house that was for sale, I bought it in no time,
we moved fran New York's Riverdale to this entirely residential
suburb of Boston, and I applied for admission to the Massachu-
setts bar. Under the "Rules of the Board of Bar Examiners" I am
to "furnish to the board a report by the National Conference of
Bar Exaniners of an investigation made by it of the moral car-
acter and professional experience and standing of such applicant,"
and so I was requested by letter of September 26, 1961. sub-
mitting no less than ten credentials in support of my application
I virtuall austed the number of attorneys "who know me" and
Iam ata ese how to supply still "others." May I hope that you
will hekp me in this predicament and permit me to give your name?
By the way, the matter of Thamas Mann's heirs in which you were
good enough to write to the [opyright Office (Novenber, 1957)
was settled without ado.
With kind regards =
Yours sincerely,
Roy C. Bates
ALEXANDER, Matitz, DERENBERG & KuNIN
COUNSELORS AT LAW
Boule AuEXANENE ies BROAOWAY
WALTER J. DERENBERG September 29, 1961 NEW YORK 6, N.Y.
H. von MALTITZ TEL. DIGBY 9-2930
Louis KUNIN * A Sibi AoRREE
7 ALMALDA
Roy C. Bates, Esq.
996 Canton Avenue
Milton 86, Mass.
Dear Mr. Bates:
Thank you for your amusing letter of September
28th. Of course, I remember you quite well and you may
feel free to give my name as a reference. I hope, however,
I will not be asked questions that I am unable to answer
since I have not seen you in recent years and since we did
not have a chance to know each other outside the University
and one or two little professional matters.
I certainly hope that you will be admitted to the
Massachusetts Bar without any difficulty. Kind regards
and all good wishes,
Sincerely,
U7. Sbity.
Walter J. Derenberg
WJD :DH
October 3,
Walter ¢. Derenberg, Esq.
165 Broadway
New York 6, New York
Dear Professor Derenberg:
Thank you very much for your kindness and good wishes.
I don't think that the National Conference of Bar Bx-
aminers will ask you any "hard" questions about me.
Even a few words fran you concerning your impression
of my character, professional acumen, and "Kultur-
niveau" are certain to carry weight.
Sincerely,
Roy C. Bates
1961
May 10, 1962
Walter J. Derenberg, "squire
Alexander, Maltitz, Derenberg & Kunin
165 broadway
New York 6, New York
Dear Professor Derenberg:
I was admitted to the Massachusetts Bar and wish to thank
you again for your kind help as a character witness.
"tin Talent, doch kein CHrakter" said Heine, speaking of
Heine. It's hard to decide whether to set great store on
the inversion of this ironically boastful self-criticism....
The legal aspects of the Canmon Market and its remifi-
cations fascinate and occupy me. Rane~-I mean the con-
stitution of the “EC--was another Valmy, "ein neuer Ab-
schnitt der (Rechts- )Geschichte. International law is
sure to do a bold leap forwards. But telling this to you
is like teaching a whale to swim (pisces natare docere).
Kind regards.
Sincerely,
Roy C. Bates
Spring, 1961
Law CENTER BULLETIN
Eleven
Professor in Profile
WALTER J. DERENBERG
The grim Nazis who burned books
one night in 1933 on a Berlin street, far-
fetched as it may seem, were almost cer-
tainly responsible for the legends which
are to be found today on the door of
Room 348, Vanderbilt Hall. That door
carries three markers: Walter J. Deren-
berg — The Copyright Society of the
USA. — The Copyright Publications
Center.
The man who has come to be known
as “Mr. Literary Property” of both the
United States and Western Europe wit-
nessed both the burning of the books
and the Reichstag fire. He was there, a
quiet young lawyer, a German Jew, born
in Hamburg of a family distinguished
in both Europe and the United States,
watching his career, perhaps even his
whole life, going up in flames with the
books and the building which symbolized
republicanism and personal freedom in
Germany.
The Nuremberg Laws meant dismissal
from the German civil service for
‘Walter. He had to leave his post with
the Berlin Chamber of Commerce, where
he had been serving in a quasi-judicial
capacity for two years, since 1931. Be-
fore then he had served the Hamburg
court system in another quasi-judicial
capacity. With such public service no
longer possible, Walter applied for ad-
mission to the practicing bar. Strangely
enough, he was admitted, But not for
long. The Nazis swiftly tracked him
down. Within two weeks his certificate
was revoked.
Europe's loss
What now? It wasn't easy to leave
Germany — not easy in many ways.
Family and home, always strong ties,
were especially powerful in Walter's
case, Take the house in Hamburg. There
on the top floor, Walter's father, a phy-
sician of high standing, had built a
preenhouse in which many an important
otanical development was brought
about. There, for example, certain Afri-
can flowers were made to prosper in
Europe for the first time. Dr. Derenberg
died much too soon, at 55, but this
many-talented man had left much in
Hamburg. Botanists honored him with
the Echeveria Derenbergii, The art treas-
ures which he collected were still there.
Tt would be hard for young Walter to
leave.
Even after being dismissed from the
civil service and having his bar certificate
revoked, Walter therefore decided to try
to hang on a while. He says now that he
thought immediately of emigrating to
America when Hitler came to power. But
for the moment he gave the cotton-im-
porting business in Hamburg a whirl.
Anyone who knows Walter will probably
conclude that this, or any other kind of
commercial activity, was not exactly his
forte. After less than a year he was no
longer in the cotton business. The Nazis
picked up his boss for alleged violation
Professor Derenberg
of the exchange-control laws. Walter,
too, was suspected, but, he regretfully
explains now, the suspicions were un-
founded; he had very little of the me-
dium of exchange to smuggle out, and
what he had when he finally made his
move, he left.
As has been true so often in the past,
Europe's loss was America’s gain. As has
also usually been true, Americans were
not particularly swift in recognizing their
gain, Although some were very helpful,
others were in no hurry to help Walter
find a place to get started. They thought
he should have no trouble finding a
place.
Considering his experience and train-
ing, they had good ground for their
opinion. He had already mastered the
language, partly because of the special
effort he made to learn it as a youth in
Hamburg, but even more because of the
two years (1928-1929) he had spent in
the United States and in England. Shortly
after graduating from law school, Walter
had come to America, apprenticed him-
self to an Irish American lawyer in
Brooklyn, and set about writing a book,
in German, on American trade-mark law.
America's gain
The apprenticeship was always fasci-
nating and often hilarious, Walter's
diary, which surely ought to be shared
with the world some day, is full of com-
ment, much of it bewildered, about
American legal practice and procedure.
He gets a chuckle today reminiscing
about the judge who kept telling his
boss to “get to the point.”
The book on American trade-mark
law was a success, both here and in Ger-
many, receiving highly favorable reviews
in the law journals. The title: Waren-
zeichen und Wettbewerb in U.S.A. (Ber-
lin, 1931). It was the foundation for
Walter's big book, Trade-Mark Protec-
tion and Unfair Trading (Matthew
Bender, 1936), a massive work of over
a thousand pages written while Walter
was — at one and the same time — both
student and instructor at our School of
Law, and Research Director of the Amer-
ican Arbitration Association on the side.
Among the few Americans quick to
appreciate Walter's potential was Yale’s
famous international lawyer, Edwin M.
Borchard, who wrote a strong letter of
recommendation, dated January 21,
1935, to Dean Frank H. Sommer. Those
who know Walter will nod in agreement
with Professor Borchard’s description of
him as “a man of modesty and agreeable
personality.” Like Arthur T. Vanderbilt,
later, Professor Borchard thought that
Walter's subjects “are of a type which
ought to interest a good part of the stu-
dent body.” And how right Professor
Borchard was when he opined that
Walter “could succeed in making his
subject of value to them and to the
School of Law!” Dean Sommer agreed,
and Walter became a lecturer at the
School of Law in 1936.
Walter got his job at the American
Arbitration Association in part on the
strength of his experience in Germany
in the Hamburg court system and the
Berlin Chamber of Commerce. So there
he was, with two jobs and one great im-
mediate goal — a law degree, not to
(Continued next page)
Twelve
Law CENTER BULLETIN
Spring, 19
PROFILE —covtinued
mention the big book he started imme-
diately.
Walter was busy. But he will appar-
ently be busy always, in a quiet and un-
busy sort of way. The quantity of work
which he unassumingly continues to pour
forth is a marvel to behold, and yet he
always has time to chat in his amiable
way with anyone who seeks him out.
Practitioner...
Walter got through law school with
some of the best and a few of the worst
grades which have been recorded. His
average on the whole was excellent, good
enough to get him an invitation to Law
Review which he regretfully declined.
After all, there are only so many hours
in a day.
Then came the bar exam, and this
Walter was absolutely sure he had
flunked. How blissful it was, therefore,
to receive the news that he had passed.
He was in a swimming pool in Switzer-
land, he recalls, in the summer of 1938,
when his mother excitedly announced
that he had received a telegram saying
that he had “passed bar very high on
list.” That year, 1938, was a good one
in many ways. He had an American law
degree, an American license to practice
law, an American job with AAA — and
lo and behold he even had an American
client! Coca Cola put him on a small re-
tainer in the fall of 1938. Walter's love
of America, always strong, was now
passionate,
The war came. Too young for World
War I, Walter was too old for active
service in World War II. But he wanted
in somehow and wound up in the OPA,
on the recommendation of Wesley
Sturges of Yale, reaching ultimately the
position of Assistant General Counsel.
The OPA was hectic, but, as Walter puts
it, the company was good, including a
large proportion of the big names of
today’s law school world, Whatever one
might say of the work, the personal re-
lationships were warm and gratifying,
and lasting.
Then, in 1946, the Nazi War Crimes
trial created a need in government service
which could be filled best by men with
precisely Walter's qualifications. So the
United States prosecutor, Justice Robert
~ H. Jackson drafted Walter and brought
him back to Germany, and to one of the
greatest shocks of his life. The fire which
the Nazi thugs had started in 1933 ended
with Germany in ruins.
There were a few light moments in
Germany, as when Walter played a duet
with an old German friend in the ruins
of Frankfort and got so lost in the music
that he forgot about the time and the
curfew. He had considerable trouble
getting past the G.I.s but finally made it,
although he almost had to give up his
Leica.
Most of this first post-war visit to Ger-
many was depressing, however, and
Walter was glad to get back to America.
His name was already among the most
prominent in trade-mark and unfair com-
petition law, He had had‘ a large hand
in the drafting of the new Act of 1946.
It was almost inevitable that the late
Casper Ooms, Patent Office Commis-
sioner, should draft Walter as Trade-
Mark Counsel to the Patent Office, and
almost equally inevitable for Walter to
accept the job. From 1946, then, till
1949, Walter stayed with this fascinating
post, traveling almost constantly, all
over the country, meeting all kinds of
people and delivering many addresses.
At the same time, Walter continued
to conduct his courses at the School of
Law, sometimes traveling quite a distance
to meet his classes. And herein lies per-
haps the essential substance of the story
of Walter Derenberg. This man’s life
and career are crammed with variety; it
is hard indeed to believe that it is only
one man’s life story, and a still far from
complete one at that. But throughout
there is a unifying theme: his love of
teaching. He has always wanted to be a
professor of law. His is a busy practice,
and the fields of his major professional
activity are lively and interesting. But for
him the practice is important essentially
for the bearing it has on his teaching.
So there is nothing strange in the fact
that Walter maintained his connection
with the School of Law during the three
years of his tenure as Trade-Mark Coun-
sel to the Patent Office. And for the same
reason, it was to be expected that his
teaching would not suffer when Walter
accepted a partnership in a downtown
law office (Alexander, Maltitz, Deren-
berg & Sullivan), in 1950,
. and professor
Unlike a good many law teachers,
Walter has devoted considerable thought
to teaching techniques. Because he feels
that “visual aids’ can contribute much to
effective teaching, he has compiled a
“museum” of commercial goods which
he uses in his classes to focus attention
upon and to clarify subtle issues in trade-
mark law and the law of unfair compe-
tition. He firmly believes that his teach-
ing would not be nearly as effective as
it is were it not for this ““museum’’ and
for the insights which his practice pro-
vides. Many of his students share this
opinion.
Inevitably, it seems, in any discussion
of outstanding members of the law fac-
ulty, the persence of Arthur T, Vander-
bilt makes itself felt. Walter says: “the
Judge understood me and my potential
better than I did myself.” Even had
Walter's vocation for teaching not been
as strong as it was, therefore, it is en-
tirely spossiiie that he would have re-
mained in teaching despite his many
other activities. For “the Judge” kept
after him, insisting that the fields of
which Walter was an outstanding master
needed the kind of academic develop-
ment at the School of Law that called
for expansion of Walter Derenberg’s
services. Thus it was that our school pio-
neered in establishing courses in copyright
and trademark law which have inspired
similar experiments in other leading law
schools — none, however, having ap-
proached the comprehensiveness of our
offerings in these fields.
Walter's admiration of “the Judge” is
unbounded. Reflecting, he noted that
aside from their mutual interest in the
School of Law, he and Judge Vanderbilt
were on the opposite side of most issues.
The Judge had argued vigorously that
price controls were unconstitutiqnal at
the very time that Walter was doing his
best to enforce them, The Judge took a
dim view of administrative law while
Walter defended it. The Judge repre-
sented Pepsi Cola while Walter was on
Coca Cola’s side. The two differed sub-
stantially in their interpretations of trade-
mark law. Despite these many conflicts,
the Judge constantly encouraged Walter
to expand his teaching at the School of
Law. Herein, says Walter, lay one of the
most impressive indications of the meas-
ure and calibre of Arthur T. Vanderbilt.
Whether because of his own vocation
or the encouragement of Arthur T, Van-
derbilt and Dean Niles, Walter Deren-
berg, with apparently no fuss or bother
or noise, is both a full-time professor of
law and a full-time busy practitioner in
some of the liveliest fields of law. And
that isn’t all. He is now or has been at
one time or another chairman, director,
editor, president, or vice-president of
more active organizations than you can
shake a stick at: the New York Univer-
sity Press, The Copyright Society of the
US.A., the Trade-Mark Reporter, the
Attorney General’s National Committee
to Study the Anti-Trust Laws, the Panel
of Experts to Revise the Copyright Law,
the Trademark Committee of the New
(Continued next page)
ae
wring, 1961
Law CENTER BULLETIN
Thirteen
THREE ALUMNI RECEIVE DEGRE
On Dean's Day in December the Uni-
versity conferred honorary Doctor of
Laws degrees on three distinguished
alumni of the School of Law. The Edi-
tors thought friends would be interested
in reading the full texts of the citations
which accompanied the degrees.
LOUIS A. VALENTE °03
“Louis A. Valente —
of New York trial judges
“Lifetime resident of your beloved
Washington Square, you were educated
in the shadow of the Arch. Here you
have lived during your days before the
bar and on the bench, and here you still
live in what for you is miscalled retire-
ment. Throughout the period you have
been a good neighbor and friend to your
alma mater. How often we have called
upon your skill as mediator in the inevit-
able misunderstandings that develop as
a great university expands to meet the
challenge of changing times!
“Your career on the bench has, in-
deed, been extraordinary. You have
served longer than any other living judge
in the state and for more than two dec-
ades as Chairman of the Board of Jus-
tices of the Supreme Court, First Depart-
ment. You have been a judge's judge and
you have exerted a constructive influence
in the selection of judges in cooperation
with the organized bar. Your unfailing
courtesy to lawyers, your compassionate
interest in litigants, have made you a
respected and admired citizen of your
city.
“To you have come honors of the high-
est order. Outstanding among these is
your designation as Knight Commander
Dean emeritus
ES “HONORIS CAUSA
Dean Niles, Murry C. Becker, David Tishman and Louis A. Valente
of the Equestrian Order of the Holy
Sepulcher by direction of the Vatican
and Director of American Relief for
Italy during World War II by appoint-
ment of the President of the United
States,
“Founder of the Valente dynasty both
in the New York judiciary and in New
York University, may the Valente name
be long identified with both.
“The classroom in your honor in
Vanderbilt Hall and the’ perpetual scho-
lasship endowed in your honor by your
friends will serve to keep your memory
and your distinguished record of service
a living reality to law students in the
years ahead,
“Wise, gentle, understanding — these
are qualities that have earned for you
among many the affectionate title of
‘Uncle Louis.’ Now we would add still
another title in recognition of your serv-
ice to the judiciary and to this University
as we cite you for our honorary Doctor
of Laws degree.”
DAVID TISHMAN °09
“David Tishman — builder of tomor-
(Continned on page 16)
PROFILE — continued
York Patent Law Association, the Inter-
national Association for the Protection of
Industrial Property, the National Com-
mittee for Effective Design Legislation,
the Committee for Revision of the Copy-
right Law — etc., etc.
It is embarrassing for a merely normal
man to write (as it possibly will be for
others to read) that besides all this,
Walter is a strong chess player, a highly
competent photographer, a musician, a
sensitive art student, and in general a
wonderful and amiable person to be
with,
As is becoming in “a man of modesty
and agreeable personality,” Walter de-
precates his accomplishments. There is a
remarkable, boyish simplicity in the atti-
tude he adopts toward his present situa-
tion, His wonderment over the parallel
growth of his own career with that of
the School of Law is unceasing. Being
settled here in a country he loves and
having the professorship of law to which
he has always aspired are to him amazing
and unaccountable fulfillments. To him
they are unearned blessings for which he
can only be mutely grateful,
Thus too does he think of his mar-
riage. Walter met his wife, Emily, for
the first time in Washington, in 1946,
and they were married in 1949, As
Walter describes his life with Emily, she
is a quiet comfort and delight to him, a
woman devoted to her home and to her
husband, with no professional commit-
ments and no particular interest in the
world affairs which crowd so urgently
upon Walter during the course of the
average day. They travel together to
Europe each year, and Emily and the
charming home she has made provide a
quiet harbor for Walter each night. No
man could possibly do as much as Walter
does so tranquilly without such a wife
and such a haven of repose.
pes
Law CENTER
iene
Summer, 1959 _>
Law Center
Copyright Programs in High Gear
A quiet announce-
ment by Dean Niles on
June 14 called attention
to one of the most in-
teresting activities asso-
ciated with the Law
Center. Back in 1953,
Professor Walter J.
Derenberg and Associ-
ate Dean Miguel A. de
Capriles took part in
founding the Copysight.
Society of the U, S.A.,
with” headquarters in
Vanderbilt Tall. Dean
Niles’ announcement of
the establishment of a
Copyright Publications
Center in Vanderbilt f
Hall's Law Library, a Walter: |. Darenberg |
story in itself, also provides an occasion for reviewing the ?
growth of the Copyright Society. i
Today the Copyright Society is very much a going concern, ?
with a membership of over four hundred here and abroad, |
increasing international prestige, a publication, Te Bulletin |
of the Copyright Society, which is literally unique, and a;
comprehensive program. Six years ago, though, it was only |
a gleam in Walter Derenberg's eye. I
Professor Derenberg has long regretted that intangible ,
property, especially intellectual property, should receive so!
much less consideration from the law than do the more tan-
gible forms. An advanced civilization, he feels, should accord
to intellectual creations the protection which their contribution °
to society merits. Moreover, it has seemed to him that an’
organization committed to the promotion and development of |
intellectual property would be an especially appropriate in-!
strument of the modern law-center idea.
Supported by a number of prominent attorneys, Prof. Deren- !
berg found an carly ally in Dean de Capriles, and in due?
course the Society was founded, with headquarters at Vander-'
bilt Hall. Professor Derenberg has been one of the trustees |
since its founding. He has edited the Society's Bulletin for!
the past six years. And in May of 1959 he was elected presi-
dent of the Society for the third successive term.
The Society's primary function, according to one of its
pamphlets, “is to gather and disseminate information con-
cerning protection of rights in intellectual property.” This
function is performed mainly, though by no means exclu-
sively, through its Bulletin, a publication which goes out six
times a year and which Prof. Derenberg edits in his Vander-
bilt Hall office.
A typical number of the Bz//etin will contain five kinds of
features—an articles section, contributed by foreign and
domestic authors; a review of legislative and administrative
developments; coverage of recent conventions, treaties and
proclamations; notes on court decisions; and a bibliography
of foreign and domestic writings pertinent to the copyright
field. Often, too, the Bulletin contains a section called “news
briefs,” in which current activities relevant to intellectual
property are recapitulated.
With Prof. Derenberg as the pivot between them, the
(Continued next page)
ey
\
fcr Law Cent
‘GRANTS AND LOAN FUNDS Et
The Administration of the School of Law recently an-
nounced a new program of financial aid for upperclassmen.
It is believed that this change will meet the needs of the
greatest number of students in the soundest possible way. One
or two of the leading law schools have inaugurated a similar
procedure and they report excellent results, Other schools
have it under consideration. The plan is based on a recognition
of the fact that the increased costs of professional education
are here to stay and on a desire of the School of Law to aid
good students insofar as it is necessary and possible, Under
this new program, most assistance will be provided on a half-
=X Copyright Programs—continued
School of Law and the Copyright Society collaborate on an
advanced graduate seminar called Literary and Artistic Prop-
erty. Many apply for admission to this seminar, but enrollment
is limited to thirty specially selected graduate students. Al-
though Prof. Derenberg leads the seminar as a member of
the faculty of the School of Law, distinguished members of
the Copyright Society are often called upon as guest lecturers,
making this seminar the only one of its kind in the country.
Quite possibly also unique is the complete basic course in
copyright law which Prof. Derenberg offers in the graduate
division (also available as an alternative to undergraduate
law students). And while we are on the subject of unique
institutions we might also note the New York University
Institute of Book Publishing, a program which offers a year
of practical and professional special training for young col-
lege graduates interested in specializing in the publishing
field. Prof. Derenberg has conducted two workshops on copy-
right for that School.
All this ferment and organic growth of the Law Center's
interest in intellectual property reached a high point this
summer when the Copyright Publications Center was estab-
lished at Vanderbilt Hall, with the collection to be housed
in the Law Library. In announcing the creation of the Pub-
lications Center, Dean Niles said that it would gather current
information on all phases of the law pertaining to artistic
and literary property, including treatises, periodicals, docu-
ments concerning international copyright and legislative back-
ground, and other research materials, Both domestic and
foreign literature will be collected and leading French, Span-
ish, Italian, and German copyright publications will be regu-
larly received.
Cooperating with the School of Law in establishing the
Publications Center, besides the Copyright Society, were the
Association of the Bar of the City of New York and the
Copyright Office of the Library of Congress. Arthur Fisher,
U. S. Register of Copyrights, in a letter to Dean Niles,
praised the conception and assured him that the Copyright
Office would be “glad to make available to your Library such
current and retrospective copyright materials as may be avail-
able for this purpose.”
Mr. Fisher went on to say:
“In the highly controversial field of copyright, it seems
to me of the greatest importance that a scholarly and im-
partial approach to legislative policy-making and other prob-
lems be preserved, which is most likely to be achieved within
a great law school. It goes without saying that Professor
Walter Derenberg . . . has made an invaluable contribution
to this end.”
