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. O'CONNELL. I think you will find that there are none of the owners
of any of these copyrights living in any of those districts; none of
them. I do not suppose that Mr. Sousa intends to change his residence
just at present, or Mr. Herbert either. I think they will be found
doing business here right along. [Laughter.]
Section 34 provides--
That no action shall be maintained under the provisions of this act
unless the same is commenced within three years after the cause of
action arose.
Why not leave that the old two-year limit? What is the necessity for
three years? There is no reason for that.
Then, look at the provision in section 35.
Mr. CHANEY. Is there a disadvantage in putting it three years?
Mr. O'CONNELL. Why should it be extended to three years?
Mr. PUTNAM. Is it not true that the present limitation is only for
actions for penalties or forfeitures, whereas this is a general
limitation on all actions, including civil actions for infringement,
so that although it enlarges by one year the criminal action, it
reduces the term that the complainant at present has in his civil
action? This now applies to all actions. Did you notice that, Mr.
O'Connell?
Mr. O'CONNELL. I think that the present provision relating to kindred
actions of this kind is a two-year statute of limitations, and it has
been found ample for a great many years, for all purposes, to protect
patentees, inventors, and everybody else.
Look at section 35:
That in all recoveries under this act full costs shall be allowed.
That is to say, where the complainant recovers he must get from the
defendant, and the court must allow the complainant, full costs. Let
us assume a case where the defendant gets the bill dismissed. That is
not a recovery. He does not get a recovery, but there is no provision
giving the defendant in that case full costs. Oh, no. They are only
careful of the complainant where he recovers; but where his action
fails there is no provision giving the defendant full costs.
Mr. WEBB. You would strike out "recoveries" and insert "suits?"
Mr. O'CONNELL. If you want to do it that way. You will not be then
giving one side any more than the other. But I think that provision
should not be in there at all. I think the court should have full
discretion in the award of costs, these actions being mostly equitable
actions, and the general rule being that in a court of equity the
awarding or denial of costs is in the discretion of the court.
Public-domain text, read in full here on John Shaqi.
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