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
Section 25 should be amended by inserting at the end of line 23
"and with intent to deprive the owner of the copyright of lawful
profit."
The word "willfully" does not appear to make the section
sufficiently clear, and it is submitted that an infringer should
not be held guilty of a misdemeanor unless he have the intent
specified in the suggested amendment.
After line 6 on page 19 the following words should be inserted:
"_Provided_, That any person who performs the alleged infringing
acts under a mistake of fact or law shall not be deemed to be a
willful infringer."
The alleged infringer may have good reason to think that
conditions precedent have not been performed and that no valid
copyright exists; he may be under a mistake as to when the term
expires; he may be of the opinion that what he has produced is not
a copy, and he may perform his alleged infringing acts under
advice of counsel. It does not seem proper under such
circumstances to hold him to be a willful infringer and guilty of
a misdemeanor.
In line 14 of page 19, after "knowingly," the following words
should be inserted: "and with fraudulent intent."
Page 20, line 9, before "publish," the following words should be
inserted: "send notice of such seizure by registered mail to the
person to whom the article seized is consigned or directed, and
shall."
Section 27, line 24, after "first," there should be inserted the
words "mailing or".
Section 29, lines 6 and 7, the words "supposed to contain" should
be canceled, and the words "which contains" should be inserted. It
is unreasonable to permit a postmaster to detain a package upon a
mere supposition.
In line 9, before "mail," there should be inserted the word
"registered."
Page 24, lines 16 and 17, the words "not more than one copy at one
time" should be canceled, and in line 17 the word "or" changed to
"and."
At the end of section 32 the following should be inserted:
"_Provided_, That the owner of the right to perform any
copyrighted work by means of any automatic mechanical device shall
not have the remedy by injunction herein provided until the amount
of fair and reasonable royalty for such use shall have been
ascertained by express contract between the parties, or by
judgment of a court, and shall be due and not paid."
Section 35, line 8, the word "full" should be canceled; and in
line 9, after "allowed," there should be inserted "according to
the practice of law and equity."
In many cases it might be inequitable to allow costs, and the
court should be left free to exercise its legal discretion.
Public-domain text, read in full here on John Shaqi.
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