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
I want to say first that it seems to me that while the bill follows
the previous statutes in general in respect to copyrights, in the
point I am going to speak of it ought to be amended. The practice in
respect of patents is that the inventor shall verify his inventorship;
he shall make oath that he believes himself to be the inventor, and
any rights that pass to an assignee of the inventor must pass by an
instrument which can be placed of record, signed by the inventor. But
on the contrary, in the case of copyrights, in order to obtain a
copyright the person claiming as the proprietor has merely to come in
and make the claim as proprietor. He does not even have to verify
that; and thereupon this bill expressly provides that he has a prima
facie title to the copyright thus obtained.
It seems to me that that opens the door, as it always has--there is
nothing new in this bill in that respect--to a large amount of fraud
upon the author or whoever is the one in whom the right originates. I
think, therefore, that when the bill is made up it should require the
author to verify his authorship. The bill should provide that the
application for registration should be accompanied by an affidavit of
authorship, and if application is made on behalf of an assignee as
proprietor there should be an instrument conveying the right from the
person who originates it, namely, the author, accompanying the
petition. It seems to me that no hardship can arise from requiring
this of an author and the assignee of an author, as it is required of
an inventor and the assignee of an inventor.
The bill provides that there shall be a very careful prima facie case
made by affidavit as to the printing and preparation of the mechanical
material for publication in order to come within the statute. All that
must be verified, but the fundamental authorship requisite goes upon a
mere assertion, without even the verification of an oath of the party
claiming. A change should be made in that respect.
Public-domain text, read in full here on John Shaqi.
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