Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.United States. Congress. House. Committee on Patents
History
Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.
United States. Congress. House. Committee on Patents
Copyright -- United States
Mr. CHANEY. I do not think there is much doubt that that lithographic
process would not be included in merely a pictorial illustration.
Mr. MALCOMSON. Or in a print.
Mr. CHANEY. Or in a print, either.
Mr. MALCOMSON. It might possibly be in a print; but a print might be
construed by the courts to be something in which type and ink, or a
plate and ink, is used.
The CHAIRMAN. Was this matter taken up at the conferences?
Mr. MALCOMSON. I do not know. I was not present when it was
specifically discussed. I was present at one of the conferences, but
not when this was specifically discussed. I have always urged upon the
Copyright Office, with whom I have colabored in this matter, that it
should be included. And I am now here to stand up for it. I shall ask
leave to be heard again on this, in view of the fact that Mr. Putnam
states that he wishes to discuss it with the parties who drew the
bill. I ask to be heard again at some subsequent hearing.
I pass on now to page 8, and the next suggestion that I have to make
is in line 21 on that page. We know from what I have said, or we have
an idea of what a lithographic process is. In this section, which is
on page 8, is the restriction in relation to the printing of books or
of lithographs, which are copyrighted in this country, in a foreign
country and importing them here. That applies to this case. In Germany
they can do this kind of work and beat us out of our boots. We can not
compete with them at all in that line of work. To such an extent is
that so that to-day the pictures of our Capitol, the pictures of all
prominent buildings in our cities, are printed on postcards, and you
will find on these cards a little statement, if you look at it, "Made
in Germany." That is so throughout our cities. They are not
copyrighted, of course. If they were copyrighted they would have a
protection which they do not now have; but that is the fact.
In this section 13, on page 8, to which I am referring, there is a
provision that where the book is copyrighted the type shall be set up
in the United States and the book shall be printed in the United
States. I will read section 13, so that we can comprehend it [reading]:
SEC. 13. That of a printed book or periodical the text of the
copies deposited under section 11, above, shall be printed from
type set within the limits of the United States, either by hand or
by the aid of any kind of typesetting machine, or from plates made
from type set within the limits of the United States; or if the
text be produced by lithographic process, then by a process wholly
performed within the limits of the United States; which
requirements shall extend also to the illustrations produced by
lithographic process within a printed book consisting of text and
illustrations, and also to separate lithographs----
Public-domain text, read in full here on John Shaqi.
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