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
The public policy involved in that point has been threshed out for
many years in patent cases; and in patent cases it has been found to
be unjust to compel anybody to submit to an action for infringement of
a patent in any district unless it be in the district of which he is
an inhabitant, or a district where he has a regular and established
place of business. You can not sue somebody for infringing a patent
merely by proving that he did formerly infringe that patent in a
particular district away from home, or by finding him in that
particular place. You can not go to Chicago and sue a New York man for
infringing a patent on the allegation that a year or so ago he did
infringe that patent in the northern district of Illinois, unless you
prove also that he has a regular and established place of business in
Chicago. No man ought to be sued for infringing a copyright except in
the district where he resides; or, lacking that, in the district where
he is engaged in business.
Mr. CHANEY. Then you would favor the defendant rather than the
complainant in such a case?
Mr. WALKER. No; I would be just to both; and my proposition is deduced
from the present patent statute, and that patent statute is deduced
from considerations of justice as they have worked out during fifty
years of patent litigation as on the whole being most equitable.
Section 35 provides that "In all recoveries under this act full costs
shall be allowed."
That ought to be amended by substituting the word "actions" for the
word "recoveries," so as to permit recovery in behalf of a successful
defendant as well as in behalf of a successful complainant; and the
word "full" ought to be erased, and these words ought to be added "in
accordance with law," so that the section would read:
That in all actions under this act, costs shall be allowed in
accordance with law;
and the law that would be put into operation by that amendment would
be those general statutes of the United States which relate to the
taxation of costs in all litigations in the United States courts.
Here is a bad section, 43--
That in place of the original instrument of assignment there may
be sent for record a true copy of the same, duly certified as such
by any official authorized to take an acknowledgment to a deed.
That opens the door wide to fraud, because hardly anything is easier
than to get a notary public to certify that one document is a copy of
another, particularly where he is acting in a capacity outside of his
office, and therefore would not be liable for any inconvenience or
penalty if the certificate should turn out to be false. So here is a
proposition to make the ownership of a copyright depend upon the
record in the copyright office of an alleged copy of an assignment,
which alleged copy may be fraudulent, and if fraudulent then resulting
in no punishment to the wrongdoer.
Mr. CHANEY. You would confine that to some other official, then; would
you?
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