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. MALCOMSON. Yes. The same argument that I made before will apply to
that.
Mr. CURRIER. If it needs to be in the other place, it should be put in
here, also.
Mr. MALCOMSON. That is all that I have to offer. I am exceedingly
obliged to you for your attention.
Mr. CAMPBELL. Just a moment. I understood your objection on that page
4 and this last one is that the word "print" does not cover a
lithograph?
Mr. MALCOMSON. My objection is that it is a question--that it would
leave a question for the courts; and in so far as it is really meant
to be there, and we have had a decision of one of our highest courts
of appeal, unless they get a writ of error and go to the Supreme Court
of the United States, using the language that I have just read to you
in relation to this copyright law, that it is a statutory law, and
that it must be construed strictly--with those facts before me, I urge
upon the committee that we do not leave that question open.
Mr. CAMPBELL. What I wanted to inquire was just this: Do you not
understand that the word "print" in its ordinary significance and
meaning in the dictionary covers the lithograph?
Mr. MALCOMSON. I understand that a "lithographic print" is a proper
term; but I understand that that word "print" might be construed as
not broad enough to cover a lithographic print. There are prints from
engravings. They are prints; and in the old law, we have the word
"cut." "Cut" and "print" are substantially the same, and there is a
decision, which I have not gone into, because I do not want to take up
any more time than I can help----
Mr. CURRIER. I see no objection to inserting the word "lithographs,"
if there is any doubt about it at all.
Mr. CAMPBELL. What I want is information as to whether or not, in his
experience, it is not already covered by the word "print." Under the
ordinary definition in the dictionary, it seems to be perfectly
covered.
Mr. CHANEY. That decision that he referred to a while ago leaves it
somewhat in doubt.
Mr. MALCOMSON. I wrote a 15-page brief once on that part of the
statute which related to "cuts" and "print" and discussed the subject
most thoroughly; and it made me feel that we ought to have the word
"lithograph" in there.
Mr. PUTNAM. Can you tell us whether in case the word "lithograph" is
put in there, it might be necessary to put in the words "etching" and
"engraving?"
Mr. MALCOMSON. No.
Mr. PUTNAM. You make an entire distinction, as I understand it?
Mr. MALCOMSON. Yes; an etching and an engraving would come under a
pictorial illustration, without any question. An etching is a
pictorial illustration of a subject, certainly, and an engraving is a
pictorial illustration of a subject; but a lithograph, when the word
is used subsequently in the law, it seems to me should have a place in
the section which provides protection for certain subjects.
Mr. CAMPBELL. I find here that in the dictionary, under the noun
"print," is this definition:
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