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
In no respect are the present statutes alleged to be less satisfactory
than in their provisions for the protection of the right, and redress
to the copyright proprietor for invasion of it. One inconvenience is
that they provide a different class of remedies and recoveries for
different subject-matter; another is that they seem to confuse the duty
of the Government to punish a deliberate infringement as it would
punish any other theft with the right of the copyright proprietor for
compensation for his particular losses. The bill attempts to provide
uniform remedies, and it divorces the civil action from the criminal.
As the memorandum states it, "Penalties imposed for acts in the nature
of misdemeanors are no longer to be shared by the United States with a
person suing for them;" nor "are sums recovered by way of compensation
to the copyright proprietor to be shared by him with the United
States." Nor is his right to recover such sums to be imperiled by the
necessity of proving that the defendant has committed an offense
against the community as well as profited at his expense.
The deliberate theft of a dramatic or musical composition by the
willful performance of it for profit, without the assent of the owner,
author, or copyright proprietor, is now by law a misdemeanor. The
conference could not see why this provision should not apply to any
infringement which is both willful and for profit, and section 25 of
the bill extends it to all such.
The existing provision (sec. 4966, Rev. Stat.) which provides remedies
and penalties for infringement of dramatic and musical copyrights, is
of great moment to the dramatists and composers; and now that it is
merged in the general provisions of this and other sections of the bill
they are in great apprehension lest it may suffer accident, if accident
befall these. To guard against this the general repealing clause of the
bill excepts and continues in force section 4966 of the Revised
Statutes, but it does so with the intention that this exception shall
be dropped in case the general provisions stand.
Public-domain text, read in full here on John Shaqi.
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