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
The third suggestion is that a common disposition to question a long
term for copyright, on the ground that a short term suffices for
patents, is based upon false analogy. Literary and artistic productions
and useful inventions may be equally the creations of the mind, and
they are coupled in the Constitution; but they are coupled, it is
pointed out, only as deserving protection. Their character, and the
duration of the protection required by each, may be very different. It
is alleged to be very different. The monopoly is different; the returns
to the creator are different, and the interests of the public are
different in the two cases. The monopoly by patent in an invention is a
complete monopoly of the idea. The monopoly by copyright in a literary
or artistic work is a monopoly merely of the particular expression of
the idea. The inventor's exclusive control of his idea, it is said, may
bar innumerable other inventions, applications of his idea, of
importance to the public, while the author's or artist's exclusive
control of his particular expression bars no one except the mere
reproducer. The returns to an inventor are apt to be quick; the returns
to an author are apt to be slow, and the slower in proportion to the
serious character of his book, if a book. The returns to a successful
inventor are apt to be large; the returns to even a successful author
or artist are not apt to be more than moderate.
Then the idea, it is said, covered by an invention or discovery, may
concern the essential welfare, even the lives, of the community, and
should be freely available at the earliest possible moment not unjust
to the creator of it. Now, it is remarked that no particular book, at
least none currently copyrighted to-day, can be said to be essential to
the welfare or protection of the community. Many a man's pleasure may
be enhanced by it, some men's profit; but no man's essential welfare
depends upon it, and no man's life, save, perhaps, the author's own.
I communicate those suggestions as having been pressed upon us.
Public-domain text, read in full here on John Shaqi.
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