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 would like to call the attention of the committee to the reason why
the present law is as it is, and the reason why this suggestion of
amendment is made. Of course, prior to 1891 there was nothing like this
in the law. The law was perfectly simple, and had been perfectly simple
for a hundred years. There could be no importation of the copyrighted
article from abroad without the consent of the copyright proprietor.
With his consent it could be freely imported. So far as I know there
had never been the slightest dissatisfaction on the part of copyright
proprietors or of the public with the working of that rule. As a matter
of fact, it was to the interest of the copyright proprietor to bring
in, I will say, the English edition of the book which he was publishing
here, and to sell it--and so far as the public wanted it they always
got it--at his shop or at other shops, through the regular channels of
trade, so that the public and he alike were perfectly satisfied.
Mr. CURRIER. Were there any importations before 1881?
Mr. OLIN. Before 1891? I think there were.
Mr. CURRIER. With the consent of the copyright proprietor?
Mr. OLIN. I think, as a matter of fact, if you went into a bookstore
you always found and could buy, at a somewhat higher price----
Mr. CURRIER. That is not the question. Were there any importations of
such books?
Mr. OLIN. There were, by the copyright proprietors, who put them on
sale and sold them through the trade.
Mr. CURRIER. Importations solely by the proprietor of the
copyright--not by individuals?
Mr. OLIN. Yes, sir; not by individuals. Congress undertook in 1891 to
do two things: First, to admit to the privileges of copyright the
foreigners resident in certain countries; and, second, to require that
the manufacture of copyrighted books should be by American typesetters
and plate makers here in this country. And they undertook to do these
things with the minimum changes in the language of the statute. They
inserted a few words in one section, and then a few words in another,
and both of the desired results were brought about, just as they exist
to-day. Then, in the last part of the discussion in Congress, as I
remember it--and I am open to correction as to the historical
account--it became apparent that the typesetter was not duly protected
if only those changes were made, for the reason that the copyright
proprietor, having the free right to import books from abroad, might
perhaps comply with the typesetting clause colorably only, in an
imperfect way, and might satisfy the public demand for his books by
importation of those set up and printed abroad. Therefore, at the
typesetters' request, there was imposed a prohibition of importation
which affected the whole world, including the copyright proprietor.
Nobody could import books.
Mr. CURRIER. That was a perfectly satisfactory provision.
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