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
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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
Now follows the matter that I am objecting to: "Except where in either
case"--that is, in the case of the book being produced by lithographic
process, or in the case of a separate illustration being in the
book--"except where in either case the subjects represented are
located in a foreign country." Now, the lithographic process is not
one in which a man goes and sets himself down in front of a mountain
and works his process and takes his color scheme from the mountain, or
one in which he goes in front of a building in a foreign city and sets
up his lithographic process and conducts it there, at all. Why that
exception? What is the meaning of it? I have had no explanation of it.
I can not get any. It is said, "Well, the picture may represent a
building in a foreign country or foreign scenery." Not at all.
There is no necessity for that exception in those cases. If a foreign
scene is to be reproduced by a lithographic process, a photograph is
taken of it in the foreign country, or a sketch is taken of it in the
foreign country. The color scheme is then developed by the artist,
possibly there, but no part of the lithographic process is necessary
to be conducted in the foreign country at all. It is brought over
here, and in the factory, in the print works in Brooklyn or Detroit or
some other part of the United States, the lithographic process is then
practiced.
Mr. CHANEY. What effect does this section have?
Mr. MALCOMSON. It would have the effect of throwing into the hands of
the German lithographer all lithographic work in relation to pictures
or paintings which related to any foreign city or foreign landscape.
That is what the result of that exception would be. Every foreign
landscape, every foreign building that is depicted by a lithograph
under that section is outside of the restrictions of this section 13.
That is what that means. You can not reason it out any other way; and
that is the reason we except to it. We say we are properly protected
by section 13, and that that exception should come out.
Mr. CHANEY. As you explain it, I think it ought to.
Mr. CAMPBELL. Just what do you want to strike out?
Mr. MALCOMSON. I want to strike out those words that I have read. If
the committee will be kind enough to mark the words, I will read them,
on line 21, page 8: "Except where, in either case, the subjects
represented are located in a foreign country." That ought to come out,
for two reasons. It is ambiguous----
Mr. CURRIER. It would not occur to me that it is ambiguous.
Mr. MALCOMSON. Well, it is pretty straight, I think, in one way.
The CHAIRMAN. Where is your next point?
Mr. MALCOMSON. The next one, if the committee please, is on page 14,
line 15. That is exactly to the same import as the one on page 4,
because it inserts the word "lithograph" after the work "print," you
will see.
Mr. CURRIER. You think it should be inserted there after the word
"print," again?
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