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
Deposit and registration in the copyright office are still requisite,
but a reasonable period after publication is allowed for them. The
period is thirty days, and in the case of error or omission may be even
an entire year, but with the proviso that after the thirty days no
action for infringement may be brought until these requirements have
been complied with. The right is to be exclusive for a limited period.
This period is now twenty-eight years, with a possible renewal for
fourteen years--a maximum, therefore, of forty-two years. The bill
abolishes renewals and provides for three terms, according to the
subject-matter. The shortest is twenty-eight years for labels and
prints relating to articles of manufacture heretofore registered in the
Patent Office, but which the bill proposes to be taken over into the
copyright office. The second term, fifty years, is substantially
identical with the present possible maximum of forty-two. It applies to
some original and to all derivative works. It would probably cover the
majority of copyright entries during any particular period--the
majority in number, I do not say in importance. The longer term--the
life of the author and fifty years after his death--applies only to
original works, but applies to most of those.
As to the merit of these terms, Mr. Chairman, and their necessity you
will hear discussion. I merely call your attention to them with,
however, these suggestions, which I feel in duty bound to communicate,
because they have been so insistently urged upon us:
First, that the present term, a maximum of forty-two years (and that a
conditional maximum), does not insure to the author his copyright even
throughout his own life, and it makes no certain provision for his
immediate family after his death. These are admittedly grave defects,
and they are perhaps not met by the fact--it is a fact--that at present
the privilege of renewal is taken advantage of by only a small
percentage of the authors or their families.
The second is, that a term as long as life and fifty years exists in
fifteen countries, including France; that England, with the minimum
term of life and seven years proposes a term of life and thirty years,
and that Germany, with a term of life and thirty years, is
discussing--informally thus far, but is discussing a term of life and
fifty years.
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