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
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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
Mr. OGILVIE. I knew nothing about it. I may say, also, that the first
draft of this bill that I have seen was received in my office in
Chicago Saturday morning last.
Again, on page 18 of the bill, section 25:
That any person who willfully and for profit shall infringe any
copyright secured by this act, or who shall knowingly or willfully
aid or abet such infringement or in any wise knowingly and
willfully take part in any such infringement shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished by
imprisonment for not exceeding one year or by a fine, etc.
It seems to me a little out of order for the gentlemen who are
sponsors for this bill to make it possible for them to get a copyright
on a book, and if they are not caught in making a false affidavit in
securing it, that a man shall go to the penitentiary for a year for
pirating that particular book. It will be rather difficult for one to
prove, after a number of years, that a publisher who has made an
affidavit to secure a copyright to which he really was not entitled
had committed perjury in connection with the securing of that
copyright; but the question as to one's piracy of the book is open and
"he that runs may read." It seems to me that there is a punishment
there that they have applied to the wrong crime. If the man who makes
a false affidavit were to go to the penitentiary for the year, I think
it would protect the interests that desire protection in this country,
in the form of labor, in the matter of setting up and manufacturing
books wholly within the limits of the United States.
The CHAIRMAN. Do I understand you to contend that the Librarian should
be charged with any special duty in that regard, for the registry of
the copyright?
Mr. OGILVIE. No, sir; the Librarian can not determine whether a man is
making a false or correct affidavit, but if one makes a false
affidavit he is the man who should go to the penitentiary and not the
individual who pirates his book.
Mr. BONYNGE. Does not section 13 provide that the man who makes the
affidavit shall be guilty of a misdemeanor?
Mr. OGILVIE. Yes; and the penalty therein provided is, "he shall be
fined not exceeding one thousand dollars." That is all.
Mr. CURRIER. What is your suggestion?
Mr. OGILVIE. That you change the punishment.
Mr. CURRIER. And make it a penitentiary offense?
Mr. OGILVIE. Let them both go to the penitentiary, if either one goes.
Mr. CURRIER. In both cases?
Mr. OGILVIE. In both cases, if necessary. Do not eliminate the
publisher. I am a publisher, but if I have made a false affidavit,
there is no reason why the man who pirates my book should go to the
penitentiary and I should only have to pay a fine, if I am caught. I
see no reason why a man should go to the penitentiary in either case,
really. He may unwittingly infringe the copyright of a book.
Mr. CURRIER. This says "willfully."
Public-domain text, read in full here on John Shaqi.
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