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
Although this bill purports to be founded on the Constitution, and
although the Constitution is confined to the word "writings," that
word "writings" does not appear among the 8,000 words of that bill. It
is not there once. This bill is based upon the theory that Congress
has power to grant an exclusive right to works, and the word "works"
is used more than 30 times where the word "writings" ought to have
been used, and the word "writings" is not printed in that bill from
its beginning to its end.
I am not reflecting upon any gentleman who drafted the bill in that
way, because the bill was drawn upon the theory that the Constitution
justifies copyright upon an author's works. Now, the word "works"
includes "writings" and is far more comprehensive than "writings."
Take the case of Theodore Roosevelt. He has published and printed 15
volumes of original works, and he has delivered without writing more
than 1,500 speeches. Now, those books that he has printed and those
speeches that he has delivered are equally his works, but they are not
equally his writings, because he never has reduced those speeches to
writing. So that there is a plain distinction between works and
writings, and that distinction is recognized in this bill, as follows.
(Now I will devote myself for the rest of the time to strict analysis.)
SEC. 4. That the works for which copyright may be secured
under this act shall include all the works of an author.
Then twelve classes of works are enumerated. The third of those
classes of works is said to be "oral lectures, sermons, and
addresses." Now, those productions come under the head of works, and
do not come under the head of writings, confessedly.
Mr. BONYNGE. But they could not be copyrighted until they were reduced
to writing, could they?
Mr. WALKER. Yes; they could, under this bill.
Mr. BONYNGE. How?
Mr. CURRIER. What would you file in the copyright office?
Mr. WALKER. You do not have to file anything for a year.
Mr. CURRIER. I know that; but you have got to file something then.
Mr. WALKER. But you get a year's copyright without ever doing that,
and this bill would give a man a monopoly of a whole year on a speech
never reduced to writing, and that is a "limited time." And if he
chooses ever to reduce it to writing, then all he has got to do is to
file one copy in the office of the Library of Congress and not publish
it at all.
Mr. CHANEY. Well, you must remember that we must confine this to
copyrighted matter.
Mr. WALKER. You must confine it quite narrowly, I think; but please
let me develop my particular thought.
It is perfectly plain that under this bill a man may have a copyright
on an oral sermon, lecture, or address and maintain that copyright for
a whole year without that discourse ever being even put into
typewriting during that period. That is a perfectly plain case,
therefore, of copyrighting a work that is not a writing.
Public-domain text, read in full here on John Shaqi.
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