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
At first glance at A and B, in section 8, it would appear that those
were intended to represent the same classes and to give precisely the
same rights; but, apparently by inadvertence, in the second line of
subdivision A the word which should, I think, be "and" has become
"or," so that as it at present reads a foreigner, no matter where he
lives, no matter whether the country of which he is a citizen gives
similar rights to citizens of the United States or not, may, if he
shall first or cotemporaneously publish his work within the limits of
the United States, have a copyright. I am not here to say that that
would not be a wise extension of the law. I am not here to say on
behalf of any of the parties whom I represent that they would or would
not oppose it. I do not know anything about their views. This
extension of copyright is not an extension which has been discussed in
the conference. I have no right to give any approval of it, even to
the limited extent that I have a right to give an approval of this
bill on behalf of any of these bodies whom I represent.
Mr. BETHUNE. Would not the interest of the publishers be safeguarded
if the law provided that an individual may import one copy of the
foreign edition, but only after he has asked the proprietor of the
American copyright to buy one for him and his request has been
refused?
Mr. OLIN. If the committee chooses to put that in, I can see no harm
in it at all. It seems to me that it will result in that, necessarily,
if the American publisher is not actuated by his own interest, as he
used to be prior to 1891, and as I think he would be again, and if he
is not glad to import that copy from abroad. If he refused I think if
anybody who is aggrieved should come to Congress, Congress would
change the law instantly and compel the copyright proprietor to give
consent; and if Congress thinks it right to put in that provision in
the beginning nobody could complain. So that my answer is that I do
not think anybody would object.
Mr. JOHNSON. I would like to ask if an American citizen traveling in
Europe should at the time he was there purchase one of these editions,
would it not be a hardship on him to compel him to forego the bringing
of that copy into the United States without the consent of the
American proprietor?
Mr. OLIN. Is that question addressed to me?
Mr. JOHNSON. Yes.
Mr. OLIN. If a hardship, it is inflicted by the English custom-house
at present in regard to these very Tauchnitz editions. It is one of
the few things they are rigorous about, and I think members of this
committee may have had experience with the English customs and their
rule about that. But in this bill it is provided that where there are
parts of libraries or books in baggage brought back by traveling
people they shall be admitted. I think it is a question of de minimis.
I think in the case of a man bringing back such a book it would be no
hardship worthy of the consideration of Congress.
Public-domain text, read in full here on John Shaqi.
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