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 19, on the other hand, relates merely to now existing
copyrights. It has the laudable purpose of extending the benefits
of the new law to authors of valuable literary and artistic works
copyrighted under the present law. The provisions at the end of
the section are designed to secure such new privileges to the
authors without interfering with the vested rights and investments
of their publishers. After such authors have enjoyed the full
forty-two years of monopoly granted them under existing law, they
may secure such additional term as is to be accorded to authors
under the new law; but if under the contracts which they have
already made they have conferred rights upon their publishers as
assignees or licensees, then they must have the publishers join
with them in their request for the extension.
It is questionable whether, in the absence of such provision, the
new privileges could be lawfully conferred upon authors who have
assigned their rights without impairment of existing contracts.
For example, when an author has sold his copyright altogether, the
publisher has combined with the literary property investment in
plates, stock, and good will, which should not be taken from him
at the expiration of the copyright term. In such cases, he could,
under the provisions of the present section, secure an extension
of exclusive rights only with the help of the author with proper
compensation, and the author could secure extension only by fair
consideration of the publisher's rights. If they fail to agree,
they are left just where they expected to be when they made their
contract under the terms of the present law.
As to the licensee for publication under royalty, I see no
objection to the addition of such a provision as was proposed by
Mr. Ogilvie, to protect the author against unfair treatment in
respect to future royalties.
WASHINGTON, D.C., _June 8, 1906_.
The CHAIRMAN OF THE JOINT COMMITTEE ON PATENTS OF THE SENATE AND
HOUSE OF REPRESENTATIVES.
SIR: At the meeting of the Joint committee held to-day, counsel
representing one of the talking machine companies made a statement
to the effect that Hon. Herbert Putnam, Librarian of Congress, in
the preparation of the copyright bill had called into conference
only such interests as he wanted, and with whom he was in league,
and intimated that the Librarian has acted in an unfair manner.
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