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
I have particularly noted in this memorandum the points in which the
bill intentionally abrogates existing law and the more significant
respects in which it modifies or amplifies it. The respects in which it
intentionally abrogates existing law are very few, as shown in Part B
of the memorandum. The phraseology of existing law is only here and
there recognizable in the bill. That is because the bill attempts to be
systematic and organic, and, second, because it has sought general
terms, wherever descriptive, rather than particular specifications.
Especially has it preferred this where the specifications might be
limiting. This, as I have noted in the memorandum submitted to you, is
particularly illustrated by the treatment of the "subject-matter." The
bill contains only the general statement that the subject-matter is to
include "all the works of an author," leaving the term "author" to be
as broad as the Constitution intended; and, as you know, the courts
have followed Congress in construing it to include the originator in
the broadest sense, just as they have held "writings," as used in the
Constitution, to include not merely literary but artistic productions.
After this general statement certain specifications follow in the bill
of particular classes under which a particular application is to be
made in the office, but these specifications are coupled with the
proviso that they shall not be held to limit the subject-matter. The
specifications so far as possible also substitute general terms for
particulars. They omit, for instance, the terms "engravings, cuts,
lithographs, painting, chromo, statues and statuary." They assume,
however, that all of these articles will be included under the more
general terms, as "prints and pictorial illustrations" or
"reproductions of a work of art" or "works of art" or "models or
designs for works of art." The term "works of art" is deliberately
intended as a broader specification than "works of the fine arts" in
the present statute with the idea that there is subject-matter (for
instance, of applied design, not yet within the province of design
patents), which may properly be entitled to protection under the
copyright law.
The attempt to substitute general terms for particulars is evidenced
also in the definition of the right, and of the acts which constitute
an infringement of the right. The present statute (sec. 4952) defines
the right to consist in the sole liberty to do certain things. The bill
(sec. 1) defines the right to be the sole and exclusive right to do
certain things, and it specifies those things; but its specifications
are in terms very different from those in the present statute.
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