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. CHANEY. Could you not obtain that information at the office of the
Librarian?
Mr. OGILVIE. In regard to that as arranged at present, just to
illustrate the point, I will state that I printed a book in Chicago,
an English book, apparently published in England, containing no notice
of American copyright. I spent several thousand dollars in getting the
book out, and have spent several thousand dollars since then in
lawyers' fees. The point was this: The book was published under one
title in the United States and under another title in Great Britain.
It contained no notice of American copyright.
In an excess of caution I communicated with the Librarian of Congress
asking whether a copyright existed on that particular book, by title,
in either the name of the English publisher or the name of an American
publisher, whose name also happened to be on the title-page of the
book; and I was informed that no copyright existed. I reproduced the
book. Judge Kohlsaat, in the Federal circuit court of Chicago, decided
that I was strictly within my rights. The circuit court of appeals
reversed his decision and has refused a rehearing, and we must,
consequently, take the matter to the Supreme Court. Now, I claim that
under the law a man who does that is entitled to compensation.
Mr. PUTNAM. Excuse me just a minute, Mr. Ogilvie; will you permit, Mr.
Chairman, the register to say a word?
The CHAIRMAN. Certainly.
Mr. PUTNAM. It is simply in answer to Mr. Ogilvie's intimation that he
answered his inquiry, and that his inquiry was whether a copyright
existed upon that book. What was the answer that he got from the
office of copyright?
Mr. SOLBERG. The only purpose in making any remark on that point is
that there shall not be a misunderstanding as to the nature of the
replies to such inquiries. Any matter of fact on record in the
copyright office is always at the disposal of any inquirer, but the
copyright office is very careful not to undertake to state the
termination of any copyright. It simply gives facts as to the
registration of title or whether it has discovered any. In fact, it is
very careful not to say even that there is no registration, but that
the indices of the office and the records of the office after careful
search do not disclose any.
Mr. CHANEY. Mr. Ogilvie is substantially right in his statement, then.
Mr. OGILVIE. And at this time I wish to publicly thank Mr. Solberg and
Mr. Putnam for the uniform courtesy with which they reply to all
inquiries that are addressed to their office. The gentleman is quite
right. That was exactly the phraseology used in his reply. But that, I
beg to submit, is the only source of information that publishers have;
and when they get that sort of information they are justified in
proceeding along lines indicated thereby.
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