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. CURRIER. I should suppose that in almost all cases under the
existing law they would get a renewal.
Mr. OGILVIE. They do at times, but not often.
Mr. SULZER. I think I understand what you mean, and that is this: That
where there is no subsisting contract, then that the publisher shall
not join----
Mr. OGILVIE. The publishers shall not be required to join.
Mr. SULZER (continuing). In the application for the renewal of the
copyright?
Mr. OGILVIE. Yes. As this is, it makes it impossible for the author or
his widow or children to secure the extension of the copyright without
the licensee joining. Then he has it in his power to diminish the
royalty paid to suit his own purpose.
Mr. CAMPBELL. If the contract for the copyright does not provide as
between the author and the publisher for any renewal, what position
would you be in then?
Mr. OGILVIE. According to this law it is impossible to get a renewal
unless the licensee joins in the request.
Mr. CAMPBELL. The license expires----
Mr. OGILVIE. But the license does not expire until after the copyright
expires.
Mr. CAMPBELL. What is the length of your contract that you usually
make?
Mr. OGILVIE. This is a new provision entirely.
Mr. CAMPBELL. Under the old law, I mean?
Mr. OGILVIE. Under the old law it usually lasts as long as the
copyright lasts.
Mr. CHANEY. You suggest that we leave out this last proviso
absolutely?
Mr. OGILVIE. Yes, sir.
Mr. BONYNGE. Not to leave it out absolutely----
Mr. OGILVIE. I think it should be left out altogether. It is wholly
unfair to an author. I can see no reason why the publisher should have
any right of that kind. The Constitution grants the right to an
author, and if the publisher desires to secure those rights that is a
matter of contract. Let him make a contract covering that point.
Mr. HINSHAW. If the copyright had been assigned, the original
proprietor would have lost all interest in the copyright; would he
not?
Mr. OGILVIE. The party who now takes a copyright takes it with the
understanding that it shall expire at a certain time; and then he is
in no better position and no worse than any other publisher who has
not had a contract with the author.
Mr. CHANEY. Suppose your contracts under this bill, should it become a
law, should provide for the life of the copyright, together with any
extensions thereof--then what would you say as to the proviso?
Mr. OGILVIE. Suppose the bill should provide for the life of the
contract, together with any extension thereof?
Mr. CHANEY. Suppose under this bill, should it become a law, your
contracts with the author should provide for the license and
assignment to extend the copyright during its life and all extensions
thereof?
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