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
If for any reason it should seem wiser to make the term dependent
in its length upon the death of an author, then the continuance of
the copyright should depend upon definite evidence being filed in
the copyright office showing positively the date of death.
At the end of section 18, page 15, line 8, after "name," the words
"_Provided_, That in such published work the notice of copyright
be given as required in this act" should be inserted.
Section 19 should, in my opinion, be canceled. It is retroactive
in its character. Definite contracts have been entered into
between authors and the public with respect to matters already
copyrighted, and it would impair the obligations of those
contracts to provide any renewal or extension of such copyrights.
It has already been agreed between such authors and the public at
what time their copyrighted works shall pass into the public
domain.
Recurring to lines 3 and 4 of page 15, I submit that they should
be canceled, so that the copyright shall extend for a definite
number of years after the date of original entry. There seems to
be no sound reason for giving an author a longer copyright, longer
by a year, if he makes his entry on the 2d of January, than
another author will have who enters his copyright on the 30th of
December preceding.
Section 21 should be canceled, as it gives, in effect, copyright
privileges where the conditions precedent required by this act
have not been performed.
Section 22, line 14, is too broadly worded for the benefit of the
authors of this bill, and the word "reproduction" should be
canceled and the words "copy or representation" should be
inserted.
In lines 22 and 23 the words "such fraudulent" and the rest of the
section should be canceled, and the words "copies which are
infringements is hereby prohibited."
Section 23, paragraph (b), should be canceled and made to read:
"(b) To pay to the copyright proprietor damages for the
infringement."
As the paragraph now reads, it gives double damages. The
proprietor should receive damages which will be judicially
ascertained in the ordinary way, either by estimating the profits
which the infringer has made, or by estimating the damages or loss
which the proprietor has suffered. If there is no actual damage it
should not be provided that $250 should be recovered, and if the
damages are greater than $5,000 there is no sound reason for
limiting them to the latter sum.
For the same reasons lines 18 to 24 on page 17, and lines 1 to 7
on page 18, should be canceled.
Paragraph (c) on page 18 should be amended by striking out the
word "alleged", in line 10, and inserting "shown to the
satisfaction of the court."
Public-domain text, read in full here on John Shaqi.
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