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
It would put upon the true author, whose production had been
entered for copyright by another person, the burden of proof, and
this section if not amended would be very susceptible of
fraudulent use. I am inclined to think that it is advisable,
certainly if the copyright entry is to be prima facie evidence of
ownership, to require that the claim be verified before it is
presented to the Librarian, and that false swearing to such a
claim shall subject the affiant to the penalty for perjury.
Section 13, page 9, line 19, "and all his rights and privileges
under said copyright shall thereafter be forfeited" should be
canceled. These words might lead to the unjust forfeiture of a
copyright if the false affidavit were made by the agent or printer
without the knowledge of the author or owner. Also the words seem
superfluous. If a condition precedent has not been performed, the
right is lost by operation of law without these words. To insert
them implies that the provisions of section 13 are not conditions
precedent to obtaining a valid copyright.
In line 24 the word "and" should be substituted for "or;" and at
the end of line 25 the words "if it has been published" should be
inserted. It is very desirable that all the facts upon which the
copyright depends should be clearly stated when possible.
Section 14, line 2, the words "or the," and the following matter
down to, but not including the word "accompanied," in lines 5 and
6, should be canceled, and the words "with the date of entry of
the copyright" should be inserted.
The notice of copyright must be clear and in such usual words, not
signs which hardly anyone will understand, as are intelligible to
the public. I consider it highly important that the date of
copyright, including the year, month, and day, should appear in
the notice, and also the name of the person by whom the original
entry is made in the copyright office. The indexes will be kept by
these names, and any subsequent entry or transfer should always be
indexed under such original names. These remarks apply also to
sections 44 and 45 hereafter considered.
In line 10, after "some," the words "uncovered and" should be
inserted.
In line 13, after "name," the words "as in the original entry of
copyright" should be inserted.
Line 19, the word "its" should be changed to "the," and in line
20, after "following," the words "of each separate volume" should
be inserted; and in line 24, after "accessible," the word
"uncovered" should be inserted.
Page 11, line 3 should be stricken out or amended to cure its
indefiniteness as to the meaning of the word "composite."
In line 4, the word "musical" should be changed to
"musical-dramatic."
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