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
You are an innocent infringer; you can go right along and dispose of
the books. That is your case; that is your defense in any proceeding
against you for selling these books.
Mr. OGILVIE. Yes.
Mr. CURRIER. But it does not invalidate the copyright as against all
others, nor prevent recovery for an infringement against any person
who, after actual notification of the copyright, begins an undertaking
to infringe it.
Mr. OGILVIE. Well, will you tell me what this means--"shall not
invalidate the copyright?"
Mr. CURRIER. Why, the copyright exists as against everybody but you in
that edition of the book.
Mr. OGILVIE. Very well, if that is the case.
Mr. CURRIER. But if this bill passes, you would have a right to go on
and complete the edition of the book and sell it.
Mr. OGILVIE. If that is the construction that the courts give it, very
well.
Mr. CURRIER. There can not be any doubt about the construction. It is
only the man who, after actual notice that the copyright exists,
begins an undertaking to infringe it who is affected.
Mr. OGILVIE. I read that section very carefully, and I see the point
that you raise; but I could not----
Mr. CURRIER. I think this gives you full protection.
Mr. OGILVIE. I could not get over the statement, however, that it did
not invalidate the copyright.
Mr. CURRIER. But it does not invalidate the copyright.
Mr. OGILVIE. As applied to everybody else?
Mr. CURRIER. To anybody who has notice before he begins.
Mr. OGILVIE. Very well. Now, then, with regard to the insertion of
notice, to get back to the subject, I consider that the insertion of
the notice is essential. If we are ashamed of the United States, if we
must cater to England, and France, and Germany, and other nations by
the elimination of a notice that indicates the origin of our books,
why do we desire to protect their authors?
Mr. CURRIER. Oh, this omission that is referred to is a mere
inadvertence in a particular copy.
Mr. PUTNAM. I understand now, Mr. Chairman, if you will permit me, Mr.
Ogilvie, it is in aid of your statement----
Mr. OGILVIE. Yes.
Mr. PUTNAM. I understand now that Mr. Ogilvie is referring to the
requirement as to the notice being in terms limited to the edition
sold in the United States.
Mr. OGILVIE. Yes.
Mr. PUTNAM. And it does not extend to any edition that may be produced
and sold abroad?
Mr. OGILVIE. Yes.
Mr. PUTNAM. I understand that you think that it ought to be on all
authorized editions of books?
Mr. OGILVIE. All authorized editions. The copyright law says that the
notice shall go on the title-page or the page immediately following.
You turn to any book, and what do you find on the page immediately
following? Practically nothing, unless the copyright notice is there.
There is plenty of room for it. If they can engrave the Lord's prayer
on a three-cent silver piece, there is certainly room enough to put
those half dozen words on the back of their title-page.
Public-domain text, read in full here on John Shaqi.
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