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. If the author wishes to make a contract of that sort,
that is the author's business; but let the author thoroughly
understand what he is doing. As it is here, the author may think he is
entitled to the license for a renewal term, whereas he finds the
publisher has it wholly within his hands. The publisher is not
entitled to it; it is not his.
Mr. SULZER. After all, it resolves itself down to a mere question of
contract?
Mr. OGILVIE. Yes; but this eliminates the necessity for making a
contract, because this gives certain people rights.
Mr. SULZER. Only where there is a subsisting contract, however.
Mr. OGILVIE. But the contract as at present expressed is for the life
of that copyright.
Mr. MCGAVIN. The life is fourteen years?
Mr. OGILVIE. Twenty-eight and fourteen. Now, then, let us assume,
under this section, that a copyright expires next year. Let us assume
that this bill passes, that a copyright expires next year, and that I
am the author of a certain book. I go to my publisher and say: "Here
under the law I am entitled to a renewal of the copyright for my book
for a term of fifty years in all, or during my life, or whatever the
term may be." The publisher replies: "Very well; you want me to join
in the securing of that extension, do you?" "Yes." "Well, I have been
paying you 20 per cent royalty; I will pay you 2 per cent hereafter,
and if you do not take that I will pay you nothing." Is it impossible
to suppose that some publishers would do that when they carefully
provide against going to the penitentiary for committing perjury? I
think not.
Another point: in section 15, in the last paragraph, this language
appears:
Where the copyright proprietor has sought to comply with the
requirements of this act as to notice, and the notice has been duly
affixed to the bulk of the edition published, its omission by
inadvertence from a particular copy or copies, though preventing
recourse against an innocent infringer without notice, shall not
invalidate the copyright.
Now, let us see where that lands us. How have the public any means of
determining whether "the bulk" of the books has contained a notice of
copyright? Assume that I get hold of a book that contains no notice of
copyright, and as a publisher I reprint it. It may have been an
expensive book to reprint. It may have cost me several thousand
dollars. What provision is there in this law to reimburse me for
having innocently done that which, under the law, apparently I had a
perfect right to do? Not any. I think there should be some provision
to reimburse a man who does a thing of that kind under an apparent
right.
Mr. CHANEY. This is not a case of ignorance of the law; you think it
is a case of ignorance of fact?
Mr. OGILVIE. Ignorance of fact. You are not obligated at present to go
to the Copyright Office to ask any questions. The book itself is
supposed to present all evidence of existing copyright.
Public-domain text, read in full here on John Shaqi.
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