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. Eliminate the publisher. He has no concern with it. The
Constitution does not grant him any rights under the copyright law. He
is not the "inventor" or the "author." Eliminate the publisher wholly,
unless you desire, in case there may be an investment there that the
publisher desires to protect, to let the author take care of that by
contract, so that at the expiration of the copyright the publisher may
have the right to continue the publication on the payment of the same
royalty.
Mr. CURRIER. Can you suggest an amendment to carry out your idea in
the matter?
Mr. OGILVIE. Yes, sir.
Unless the publisher shall agree to pay at least the same royalty
for an extension of the copyright as has been paid during the
previous years, the author shall have the sole right to apply for
and secure an extension of copyright.
Mr. CHANEY. You are really talking against your own interests as a
publisher just now?
Mr. OGILVIE. I am, absolutely, talking against my interests as a
publisher.
Mr. SULZER. Do you contend that this provision would apply where the
publisher had no interest in the publication beyond the ordinary time
of copyright?
Mr. OGILVIE. That is all; it shall apply only to that case.
Mr. SULZER. I construe this provision in here to be just what you say.
Mr. OGILVIE. No; I read it differently from the way you do, and place
a different construction upon it. We will again refer to it and see if
I am wrong. If I am wrong, I shall be glad to be put right, and if you
are wrong, I know that you will be glad to be put right.
Mr. SULZER. It says here unless the assignee or licensee shall join in
the application. If a man is an assignee or licensee he has an
interest in the copyright.
Mr. OGILVIE. He takes it for the time limit only.
Mr. SULZER. If he is not he has no interest, and would not have to
join with the widow or children in this application for an extension
of the copyright.
Mr. OGILVIE. But if he is the assignee or licensee then he is
interested in it only during the life of the copyright.
Mr. SULZER. I do not understand it that way.
Mr. HINSHAW. How could the licensee have any interest in the copyright
beyond the life of it?
Mr. SULZER. He would have an interest in it so far as it could be
extended.
Mr. OGILVIE. Why should he?
Mr. BONYNGE. He has not. There is no provision now for the extension,
and he would not have, except as he might get it under this bill.
Mr. CAMPBELL. He would provide for that in his contract.
Mr. OGILVIE. Yes. Leave it out of the law.
Mr. CAMPBELL. When the assignment was made, he would provide for all
extensions.
Mr. OGILVIE. That is right.
Mr. HINSHAW. Are these contracts for royalty made to include a
possible extension of the copyright?
Mr. OGILVIE. Not generally; because the author may be dead when the
time for the renewal comes.
Mr. CURRIER. But it can be renewed then by his widow.
Mr. OGILVIE. But they do not do it generally.
Public-domain text, read in full here on John Shaqi.
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