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
Mr. OGILVIE. That is subject to the construction of the courts. We all
know what that means.
Mr. CURRIER. No; it puts the burden of proof on the Government to show
it beyond a reasonable doubt.
Mr. OGILVIE. The proof of the perjury should also be beyond a
reasonable doubt and the one guilty of it should be equally punished.
Mr. CHANEY. If he did it unwittingly it would not be willful, you
know.
Mr. OGILVIE. It is impossible for a publisher to make an "unwitting"
affidavit of that sort. The publisher knows where the article that he
is publishing is manufactured. I have been a publisher for a great
many years, and I know where the articles that I am turning out are
manufactured. It is possible for him to make an affidavit that is
literally and absolutely true in regard to the place of manufacture of
every article that he produces.
Senator MALLORY. Where he willfully makes a false affidavit it is
equivalent to perjury, and the penalty for that is generally
imprisonment in the penitentiary.
Mr. OGILVIE. Then why change the penalty in this law? It certainly
limits his liability under this act.
Mr. CURRIER. There is not any liability at all. No affidavit is
required. There is no penalty for a false statement at all under the
law now.
Mr. OGILVIE. Not as it is at present, but as this new law proposes it
there is a liability.
Mr. CURRIER. This was a bill that passed the House last winter and was
not reached in the Senate.
Mr. OGILVIE. Well, the facts are here.
The CHAIRMAN. It was reported favorably by the Senate committee.
Mr. CURRIER. Yes; and not reached.
Mr. OGILVIE. Section 19, the last portion of that section, reads:
_And provided further_, That should such subsisting copyright
have been assigned, or a license granted therein for publication
upon payment of royalty, the copyright shall be renewed and
extended only in case the assignee or licensee shall join in the
application for such renewal and extension.
Mr. PUTNAM. That provides for the extension of the existing copyright
for an additional term.
Mr. CHANEY. What is your suggestion on that?
Mr. OGILVIE. That the gentlemen who framed this bill, and who wished
to let themselves out of the penitentiary for committing perjury,
would be likely to make a very liberal arrangement with the author, or
his widow or children, if it was within his power to refuse to consent
to a renewal of a copyright. He may have been paying a royalty of 20
per cent, and when the time came for securing a renewal of the
copyright he would be likely to say, "I will give you 1 per cent, and
if you do not agree to that I will not join the request for an
extension of the copyright." I think that is wholly beyond the
province of this act.
Mr. CHANEY. Whose consent should be required?
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