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
How easily a fraudulently disposed claimant will satisfy his
conscience in stating that he claims as the author, when he might
hesitate to declare that he is, in fact, the author; and how much
more easily one who conceives that he has a shadow of right to
ownership will make the like statement that he claims as the
proprietor when he would hesitate to declare that in fact he is
the proprietor, is obvious without comment.
But it is certainly obvious that so vast and important a right as
that conferred by the copyright statute should not be vested and
given prima facie validity in anyone who has merely the effrontery
to declare even that he is the owner or that he is the proprietor.
Why should less be required of the claimant to copyright than is
required of the claimant to patent right?
The applicant for patent must make oath that he believes himself
to be the first and original inventor, and his oath must also
declare affirmatively the existence of all of the other conditions
precedent to his right to obtain a patent. Why should not the
author claiming copyright be subject to a similar requirement?
The assignee of an inventor desiring a patent to issue to himself
must file in the Patent Office an instrument in writing, signed by
the inventor, conveying to the assignee the whole or such portion
of the interest as it is desired to have appear in the name of the
assignee upon the issue of the patent, and must in addition
expressly request that the patent so issue to the assignee. Why
should less proof be required of one claiming copyright as
proprietor?
It seems that no argument is necessary to enforce these
suggestions. Under the present law and under the proposed bill any
publisher obtaining possession of an author's manuscript under any
color of right not involving him in larceny by reason of the
possession may proceed to put the work in print and make
application for copyright, not even averring that he is the
proprietor, but stating that he claims as proprietor. The
copyright certificate will issue, and his title to the copyright
will be prima facie established by the proceedings which he takes
pursuant to the statute and the action of the copyright office
therein; and the author, who may be ignorant of the proceedings,
who may have only entered upon negotiations with the publisher
without any intention of accepting the offers which may have been
made, finds himself in the position of being obliged to contest a
prima facie right on the part of the publisher to the copyright in
his work, with the alternative that if the publisher's title is
not conceded to be good the author's right is lost by publication.
Public-domain text, read in full here on John Shaqi.
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