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. PUTNAM. Mr. Montgomery was here yesterday; I think he will be here
a little later. I think it might be helpful, if you will permit me to
suggest, Mr. Chairman, as pertinent (it goes beyond your question, but
is relevant in connection with it), as to whether such importation is,
according to the register's information of foreign legislation,
customary abroad--such privilege of importation of an unauthorized
foreign edition of a book printed in the foreign country under
domestic law there?
Mr. CURRIER. My purpose in seeking this information is to establish
the fact, if it be a fact, where you provide that the importation must
be an authorized edition, whether that is a change in law or not, a
change in practice, whether it is an additional restriction. That is
what I was trying to get at. I have asked a number of times whether
subdivision E, at the top of page 16, "To any book published abroad
with the authorization of the author or copyright proprietor," etc.,
changes existing law and is an additional restriction upon
importation; that is all.
Mr. SOLBERG. You see, the question is difficult of answering
categorically, Mr. Chairman, because it is a question of the
interpretation of a complex statute.
Senator SMOOT. From the present interpretation of the law there is not
any doubt in the world, then, but what this is a restriction?
Mr. SOLBERG. I should say that this act attempts to make clear that
all fraudulent copies are barred.
Senator SMOOT. That is a restriction, then?
Mr. SOLBERG. As a protection of the copyright.
(The following communication from the register of copyrights is
printed in connection with his above remarks by direction of the
chairman:)
LIBRARY OF CONGRESS, COPYRIGHT OFFICE,
_Washington, D.C., June 15, 1906_.
DEAR SIR: I ask to be allowed to file for the printed report of
the hearing on the copyright bill the following, in addition to my
answers to the questions you asked me on Friday, June 8, in
relation to the importation of copies of unauthorized editions of
American books:
1. It is fundamental to the protection of copyright that all
unauthorized reprints of copyrighted books shall be prohibited
importation into the country of origin. It is therefore provided
in all foreign copyright legislation that such unauthorized copies
shall be prohibited importation. Such copies are treated as
fraudulent copies, and I know of no provisions in any foreign
legislation which permit importation of unauthorized copies either
by individuals, educational or other institutions, or libraries.
In the copyright legislation of the United States prior to 1891,
the provisions prohibiting importation dealt only with
unauthorized copies and these were prohibited importation, except
with the direct consent in writing of the author or copyright
proprietor.
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