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. CUTTER. No; but it is ancient history in the book business. That
is when the publishers of this country discovered that the Carnegie
gifts had made the library trade so large that they must do something
to make some more money out of it.
Mr. PUTNAM. With your permission, Mr. Chairman, I would suggest that
Mr. Bethune, representing certain of the reproducing interests
particularly--I ought not to limit that by the word "reproducing," but
who represented at the conference the Reproductive Arts Copyright
League--should be heard.
STATEMENT OF FANEUIL D. S. BETHUNE, ESQ.
Mr. BETHUNE. There are but two or three sections which the
Reproductive Arts Copyright League wish at this time to comment upon.
Mr. Millet, on behalf of the artists, has stated that they are
satisfied with the sections relating to paintings as they stand, but
as I understand it the word "accessible," in section 14----
Mr. CHANEY. Whereabouts?
Mr. PUTNAM. It is the last line on page 10 of the bill.
Mr. CHANEY. I see.
Mr. PUTNAM. It is in the second paragraph in the Library print.
Mr. BETHUNE. That is such an indefinite, uncertain term that we
think----
Senator LATIMER. What are you referring to; what term?
Mr. BETHUNE. The word "accessible"--"or if a work specified in
subsections F to L, inclusive, of section 5 of this act, upon some
accessible portion of the work itself or of the margin," etc.
Mr. CHANEY. Where would you put it?
Mr. BETHUNE. Let it be on some accessible portion, but let the bill
provide that it shall be always uncovered. As it stands now, it might
be on the back of the painting, and the painting might be in a box,
and it would be accessible in a sense.
Mr. CHANEY. You would put in the word "uncovered?"
Mr. BETHUNE. It should be uncovered.
Mr. PUTNAM. Accessible and uncovered?
Mr. BETHUNE. Accessible and uncovered. We want to be able to ascertain
at once by examining the painting in the frame, if it is in a frame,
whether the picture is copyrighted or not.
Section 9 provides, about the fifth or sixth line, that "in the case
of a work of art" the notice "shall be affixed to the original before
publication thereof." The word "publication" is not defined, and it
has been the source of considerable litigation as to what is and is
not publication.
The CHAIRMAN. Has that been settled by the courts?
Mr. BETHUNE. It has not been settled by the courts. There are
differing decisions now.
Mr. CURRIER. Is it not ordinarily understood to be the putting on sale
of the object?
Mr. BETHUNE. No; I think not--not if it is a private sale. I think a
sale should be specifically stated by the statute to be a publication,
whether a private or a public sale, and the public exhibition of a
painting should be a publication of it.
Mr. CURRIER. Will you suggest an amendment that will meet your idea?
Mr. BETHUNE. I am not prepared to suggest an amendment, but I shall do
so in writing to this committee, if I may.
Mr. CHANEY. In a general way, what is your idea?
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