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. CURRIER. Mr. Solberg, yesterday, when Mr. Cutter was testifying, I
asked him this question: "Can you import two copies of an unauthorized
edition?" He said, "Yes, sir." I asked, "Can you do that to-day?" He
answered, "Yes, sir; we can now." I asked, then, "A fraudulent
reprint, for instance?" "Yes, sir." "There is absolutely no
restriction, as you understand it, to-day?" "There is no restriction
at all, as I understand it, to-day."
I would like to ask you if you understand the practice to be as Mr.
Cutter states?
Mr. SOLBERG. The prohibition of importation was introduced into the
copyright law by the act of March 3, 1891, and it was a prohibition of
importation additional or extra to that which is supposed to have
existed in copyright law against any unauthorized copies. The law as
it stood prior to that provided that these unauthorized copies could
only be permitted importation upon the consent of the copyright
proprietor. That is, the author himself or the copyright proprietor
could import even a fraudulent copy.
Mr. CURRIER. That was prior to 1891?
Mr. SOLBERG. Yes. But in the act of March 3, 1891, it is stated, in
connection with the typesetting clause, that copies of books not
printed from type set within the limits of the United States or from
plates made therefrom shall not be imported: and then certain
exceptions are introduced, and one is an exception directly on behalf
of the individual buyer. The other exceptions are on behalf of
libraries, which consist in paragraphs of the free list of the tariff
act taken over into the copyright law. It is therefore a matter of
interpretation of the law what the interpolation of these exceptions
means. Now, I can not authoritatively give that interpretation.
Mr. CURRIER. I would like your understanding of the practice since the
law of 1891.
Mr. SOLBERG. Perhaps the best light I can throw on that is the
statement that there is an opinion from the Department of Justice, the
Attorney-General, that the exceptions would not bar an unauthorized
copy.
Mr. CURRIER. Then you understand that Mr. Cutter is right in what he
says?
Mr. SOLBERG. I would understand it so far as that decision or opinion
would be supported and would be taken as final.
Mr. CURRIER. Is there any opinion in conflict with that?
Mr. SOLBERG. There are a number of opinions, none directly in
conflict; none directly upsetting that.
Mr. CURRIER. Do you know what the practice of the Treasury Department
is now?
Mr. SOLBERG. No; I am not competent, I think, to say; but Mr.
Montgomery could answer that question if he is here, because it comes
under the collector of customs.
Mr. CURRIER. If there is any gentleman present who has information on
that subject and can answer that question we would be glad to hear
from him.
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