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
Let us assume that my client, a manufacturer of an automatic piano
player in the city of New York, ships one of these with a box of music
rolls to Manila or some inland town in the Philippines. If it is an
infringement, the infringement has occurred in the Philippines,
because the music roll is not published until it is taken out of the
box. According to this act they have a right to commence an action in
the Philippine Islands. According to another subsection of section 32
they can send the process to the marshal in the southern district of
New York, and that marshal serves the process, and thereupon the court
of first instance in the Philippine Islands has jurisdiction, and the
defendant has to go to the Philippine Islands to defend the case. And
a still greater objection is that the complainant in such an action
may commence a hundred concurrent suits and distribute them in every
court in the United States, the Territories, Porto Rico, and the
Philippines.
Mr. CHANEY. The idea, of course, is to put it within the reach of
these people who are injured.
Mr. O'CONNELL. Does that put it within the reach of the New York
corporation, or is it part of their proper proceedings to get damages
or redress that they should go to the Philippine Islands to sue my
clients who are domiciled in New York, where the Æolian Company is
domiciled, and make us go over there to defend the suit?
Mr. CHANEY. No; but suppose the person injured lives in the Philippine
Islands?
Mr. O'CONNELL. If that is the conclusion, if you simply want the
plaintiff to sue in the jurisdiction where either the real plaintiff
or the defendant is an inhabitant, then that raises another question.
Mr. CHANEY. Evidently that is what has been intended. There was no
purpose of anybody to take all the fellows out of New York, because
that is a splendid place to live, you know. [Laughter.]
Mr. O'CONNELL. But we have to come to the fountainhead occasionally.
[Laughter.]
Mr. WEBB. The act distinctly says "In the district where any violation
of this act has occurred."
Mr. O'CONNELL. Under the old provision with regard to infringement,
you could only sue a defendant where you found him, in the district
where he resided. That is the provision in relation to patents, and
the provision of the bill as the old act stands. Why should this new
provision be inserted? Perhaps the members of this committee will be
able to determine.
Mr. CHANEY. I take it that that was for the purpose of making it
convenient to the person injured, or the parties injured.
Mr. O'CONNELL. That might be all right, if the party injured was a
resident of the Philippines.
Mr. CHANEY. Yes.
Mr. O'CONNELL. Or of the Sandwich Islands, or Porto Rico?
Mr. CHANEY. That is the idea.
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