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
Mr. WALKER. Wait a moment--and by substituting the word "copy" for the
word "editions" in line 9 of page 23; and by substituting the words
"any other" for the word "lithographic" in line 10 of page 23. Now,
with those amendments, every door would be closed, and the American
mechanic would be protected at every point.
Mr. SULZER. Would that preclude any part of that edition being
imported?
Mr. WALKER. It would, because that language, "or any part thereof," is
contained elsewhere.
Section 32: There is a statement that--
all actions arising under the copyright laws of the United States
shall be originally cognizable by the circuit courts of the United
States, the district court of any Territory, the supreme court of
the District of Columbia, the district courts of Alaska, Hawaii,
and Porto Rico, and the courts of first instance of the Philippine
Islands.
Gentlemen, one of the competitors of the gentlemen before me wrote an
opera, and that was George Ade, and in this opera he inserted this
witticism:
The Constitution may follow the flag, but the cocktail is sure to.
We are told by the Supreme Court that the Constitution does not follow
the flag necessarily; it follows it if Congress sends it there. Now, if
in the wisdom of Congress the copyright law should be extended to
Hawaii, Porto Rico, and the Philippine Islands, that can be accomplished
only by a statute expressing that intention. And the statement that the
courts in those outlying regions shall have jurisdiction of copyright
cases amounts to nothing unless you extend the copyright laws to those
portions of the earth's surface. I am not in favor of doing it; but if
you want to make copyrights effective in those outlying regions you
must do so by express enactment.
Here is a more important matter:
Actions arising under this act may be instituted in the district of
which the defendant is an inhabitant, or in the district where the
violation of any provision of this act has occurred.
That ought to be amended by substituting the word "his" for the
word "the," because as it reads now you can sue a man for somebody
else's infringement.
Mr. CHANEY. So that it would read "his violation?"
Mr. WALKER. Yes; substitute "his" for "the." Then there should be
added to that section this language: "And wherein the defendant has a
regular and established place of business."
Public-domain text, read in full here on John Shaqi.
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