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
The other point I wish to make is with reference to the publication of
the American copyright notice in editions of an American copyright
work which are published abroad. What the gentleman has said might be
very true if the matter were always within the control of the
publisher of the American edition, but, as you will readily see, it is
not always within his control. These books are very often written by a
foreign author. The contracts of the foreign author, for instance, in
the case of English novels, are made with his own publisher in London.
They have their own arrangement between themselves as to what notice
shall be put in the book. The American publisher is forced to place in
his own books published in this country the American copyright notice,
but he has no control as to what notice shall be placed upon books
published in Germany, or in France, or in Spain, or in Russia, or in
England. It is entirely beyond his control.
Mr. CHANEY. Would you think the terms of this bill, then, are right?
Mr. SCOTT. I should say the terms of this bill are right. It seems to
me it is perfectly possible for anyone desiring to reprint a book in
the United States to ascertain whether or not it is copyrighted.
Indeed, the general facts about any book which is so important that
anyone wishes to reprint it are notorious. It is known or it can be
easily ascertained whether the book is published in the United States
and whether it is copyrighted in the United States or not. And I do
not think that anyone should be able to get hold of a single copy,
whether printed abroad or printed in the United States, that does not
happen to have the copyright notice, and be permitted to go ahead and
reprint the book _ad libitum_. I think the rights of the owner would
not be sufficiently protected if that were permitted.
Mr. MCGAVIN. What do you say about the case of the gentleman who just
preceded you--the lawsuit into which he got himself?
Mr. SCOTT. That has been determined in the courts; it is not for me to
say. One judge decided that he was right, and the judge to whom the
case was appealed decided that he was wrong.
Mr. MCGAVIN. He seems to have made all the necessary effort to find
out whether there was a copyright or not.
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