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
It is respectfully submitted that this transcends the intention of
the constitutional limitation, and that the public would, by such
an enactment, be deprived of substantially all the compensation
which the Constitution intended should be reserved to it in return
for the copyright protection granted the author.
Whether the constitutional limitation should or should not be so
strictly applied, it seems beyond doubt that sound public policy
forbids thus bartering away all the public benefit arising from
the free right of publication after the expiration of copyright.
There is a second objection to the particular form in which the
bill gives this extended copyright term. There does not appear to
be any logical relation between the copyright protection and the
duration of the life of the author. The privilege or protection
granted is in no respect personal, except as to the revenue which
may be derived.
There does not appear any reason why the work of a mature writer
of 60, presumably capable of giving to the public compositions of
peculiar value, especially if they relate to scientific or
philosophical subjects, should receive less protection from his
copyright than would be granted to a youth of 20, whose immature
productions would obtain the protection of a presumably long life
before him (during which he would often regret his immature
publication).
Furthermore, the particular form or provision of the bill with
respect to joint authors (line 24, p. 14; line 26, p. 15), when
corrected to cure the obvious error in the phraseology and express
the doubtless intended meaning, opens the way most obviously for
practical fraud upon the public. An aged author, by associating
with himself in a nominal yet unimpeachably colorable way a
youthful assistant, and obtaining copyright in their names as
joint authors, will secure protection for his work concurrent with
the life of the junior and fifty years thereafter, instead of
concurrently with his own nearly ended life and subsequent fifty
years.
It is obvious that joint authorship will become exceedingly
popular if this paragraph of the bill is retained; and by the
expedient of triple or quadruple authorship the chances of a long
period will be greatly increased.
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