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. SCOTT. That book, as I happen to know, was an edition of one of
the dictionaries, otherwise known as Webster's Dictionary. I think it
was perfectly easy for him to find out whether that book was
copyrighted in the United States or not. It is not for me to say
whether there was any technical omission which endangered the
copyright under the language of the present statute; but it does seem
to me that in books generally published outside of the realm of the
United States, and beyond the jurisdiction of the United States, it
should not be necessary for the American publisher, who owns the
copyright or who represents the owner of the copyright, to go abroad
and undertake to make arrangements of this kind. It might be very
difficult for him to make arrangements for the publication of the
American copyright notice on foreign editions which he does not print
himself and which he does not arrange to control.
Mr. CHANEY. Mr. Chairman, I want to make a suggestion about the form
of expression of that clause on page 12. You will notice that in the
last line of that second paragraph of section 15 the word
"undertaking" is used. I do not know whether people generally
understand the use of that word "undertaking" as lawyers in my part of
the country do, but I would prefer the word "action" rather than
"undertaking," because "undertaking" usually refers to a bond of some
kind. "Action," it seems to me, is the proper word.
Mr. PUTNAM. That is page 12, line 18, is it not, Mr. Chaney?
Mr. CHANEY. Yes. The word "undertaking," you know, is used by lawyers
generally in the sense of a bond or some agreement to stand good for
the default of another, whereas "action" is the name of the suit.
Mr. PUTNAM. This was not intended to apply to a legal action.
Mr. CHANEY. But is it not in the same nature?
Mr. PUTNAM. No; it was simply meant to apply to the beginning of some
enterprise, the beginning to prepare to manufacture. It is a business
undertaking, not a legal one.
Mr. CHANEY. I misunderstood it, then.
Mr. BONYNGE. That is what I understood it to be--an enterprise.
Mr. CURRIER. You might let the two words go out, so it would read,
"who, after notification of the copyright, begins to infringe it."
Then it would be a question of fact.
Mr. PUTNAM. Mr. Chairman, you have asked me to announce that it will
be the desire of the committee to have the names and addresses of all
those present at these hearings, and the relations in which, if they
desire to express it, they are here, whether in favor of or in
opposition to the bill. We have provided a register at the door in
which those names can be noted. I understand that it is desired that
that shall extend to all those present.
The CHAIRMAN. All present, and in such form that it may be placed in
the record that we are making.
Mr. CHANEY. You mean also to include, I suppose, a brief expression
from these people as to their objections, and to what their objections
related?
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