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. The works that are issued carry a notice, do they not? You
did not understand that it was supposed that the works issued were to
be exempt from the notice upon them of copyright, did you?
Mr. O'CONNELL. I would like to know what is the reason for the
provision in question, then. If there is no reason for it, it should
not be there.
Mr. CHANEY. Then you would strike out all of section 15?
Mr. O'CONNELL. Why not leave the act as it is, and provide that
everything must be done before publication, instead of giving them a
year in which they might possibly deceive the public?
Mr. PUTNAM. Mr. O'Connell has asked what is the reason for this
section. I will ask you, Mr. O'Connell, if you have observed that the
section reads, this section 15, that "if, by reason of any error or
omission the requirements prescribed above in section 11 have not been
complied with," etc. Now, notice that section 11 does not refer to the
requirement of notice upon the published works, but of the requirement
of deposit and registration in the copyright office.
Mr. O'CONNELL. In answer to that I will say that the Patent Committees
of both Houses are probably aware of the fact that there have been
means found and adopted for many, many years to keep applications for
patents pending in the Patent Office and still not have them outlawed.
It would be the easiest thing in the world for an applicant for a
copyright to commit irregularities for that very purpose.
Another point: In section 18, subdivision C, there may be a copyright
obtained under an assumed name. I confess that I do not see the reason
for that.
Mr. CHANEY. Mark Twain, for instance, instead of Samuel L. Clemens? Is
there objection to that?
Mr. O'CONNELL. I do not see the reason for it, while it might be all
right in the particular instance which you suggest. Of course if it is
limited to giving a copyright to a man under his pen name, that might
be all right.
Mr. CHANEY. Is not that the purpose of it?
Mr. O'CONNELL. It may be the particular purpose of it, but I think the
section is so broad that it might include almost anything from Genesis
to Revelations.
Mr. PUTNAM. Where is that in section 18, that you may copyright under
an assumed name? Will you state where you find that in that section?
Mr. O'CONNELL. On page 15:
The copyright in a work published anonymously or under an assumed
name shall subsist for the same period as if the work had been
produced bearing the author's true name.
It is at the end of section 18. That would seem to me to give the
right to copyright under an assumed name.
Mr. PUTNAM. Oh, yes.
Public-domain text, read in full here on John Shaqi.
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