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. BETHUNE. That the statute should state that certain things shall
constitute publication of a work of art, and state that publication
shall include a sale, whether a public or private sale, and a public
exhibition of the work of art.
I must refer again to section 14. That provides that not only in
respect of paintings, but also maps and photographs, the notice can be
on the back or the margin. Now, so far as a painting is concerned,
that is quite satisfactory to us if the notice is to be "uncovered,"
but in respect of a photograph, which may be very loosely attached to
a little piece of pasteboard, and the notice may be put on the
pasteboard, which could be very easily removed from the photograph.
The reproducer to whom the photograph is then brought, there being no
evidence of its having been detached from any mount, may be easily
misled, and before he discovers that he is infringing he may have
invested thousands of dollars in the undertaking to reproduce it.
Mr. CURRIER. Then your suggested amendment, "uncovered," does not meet
this objection, which you now state, at all?
Mr. BETHUNE. It does in respect of the painting, but I do not think
that so far as the photograph is concerned the law should permit the
notice of copyright to be simply on the thing to which it is attached
or mounted. It should be on the photograph itself. I think that that
will prevent litigation and expense to both photographers and
reproducers.
Mr. PUTNAM. Mr. Chairman, may I ask Mr. Bethune to state whether,
under the present law, the notice can be put on the mount of a
photograph? Is that your understanding--that it can not be, and that
this is an extension of the privilege?
Mr. BETHUNE. I understand that it can under the present law.
Mr. PUTNAM. That it can now; so that this simply repeats the
privilege.
Mr. MCGAVIN. An objection was made here yesterday, I think, on the
ground that it would deface the photograph.
Mr. BETHUNE. Yes; that objection has been made by the photographers;
but I leave it to the intelligence of this committee----
The CHAIRMAN. And in case of a fine picture, for instance, the artist
might object to having the words prescribed by this act appearing
permanently upon the face of the picture.
Mr. BETHUNE. Yes, he might; but as a matter of fact, I am informed
that there are very, very few artists who do not insist upon putting
some mark, if not their name, upon the face of their painting.
The CHAIRMAN. Can you call attention to that section?
Mr. BETHUNE. There is no section in this bill providing for the
placing of the notice upon the face of the painting; but, I say, there
are very few artists, I am informed----
The CHAIRMAN. Where is the section that prescribes the form?
Mr. BETHUNE. Section 14.
Mr. MCGAVIN. On page 10.
Mr. BETHUNE. It may be simply a "C," with a little circle around it.
Senator MALLORY. Do you object to the word "accessible" here, on line
10?
Mr. BETHUNE. Yes; the word "accessible."
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