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
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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
Finally, I say from long experience that it is a mistaken kindness
to make copyright litigation easy. The protection of the copyright
law is chiefly moral. Remedies for actual wrongs committed are in
most cases illusory. A copyright suit should never be brought
except for the most serious reasons and to protect large business
interests.
I believe, therefore, that section 32 should be eliminated
altogether from this bill, unless it is thought necessary to
retain the first paragraph; and I suppose section 33 would go with
it. If this were done, perhaps section 4966 of the Revised
Statutes should be incorporated in the new law at this point and
reenacted for the sake of completeness, if the committee thinks
that it should be retained.
_Section 34, page 28._--The limitation of actions in the present
law applies only to actions for penalties and forfeitures. I do
not think it should be applied, as in this section 34, to all
actions; if it should be so applied the term should be at least
six years (which is the rule with patents, I understand). The
statutes should show clearly that the time runs from the date of
the discovery of infringement by the complainant. In these days of
an ever-increasing multitude of publications, the copyright
proprietor should not be required to examine everything which is
issued to see whether his works have possibly been pirated; nor
should he be debarred from seeking a remedy if knowledge of piracy
should come to him long after the offense has been committed.
Unfairness is not always shown on the face of an infringing work,
and direct evidence is often required to prove this even to the
injured proprietor.
[Memorandum by Charles W. Ames.]
JUNE 9, 1906.
As a constant attendant at the last two conferences, I venture to
offer a few words in explanation of two sections of this bill,
which, I think, have been misunderstood by some of the gentlemen
who have appeared before the committee.
Section 3 has been supposed to have some particular reference to
and bearing on now existing copyrights taken under the present
law. On the contrary, I understand this section to be general and
permanent in its character, the purpose of the last three lines
being to specifically protect all copyrighted matter for its
proper term and no longer, when reproduced in whole or in part,
under license or otherwise, in connection with a later copyrighted
work. This section is very important as definitely clearing up for
the future a question which has been frequently raised in
connection with the present law.
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