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. PUTNAM. Except as coupled with the word "uncovered."
Mr. BETHUNE. Yes.
Mr. MCGAVIN. If this language were made to read "accessible and
uncovered," it would necessarily, then, require that it be placed upon
the face of the photograph or picture, would it not?
Mr. BETHUNE. No; I think not.
Mr. MCGAVIN. You could not put it on the back, where it would be
uncovered?
Mr. BETHUNE. No; I do not think that that would be covered----
Mr. CAMPBELL. How about the word "visible?"
Mr. BETHUNE. "Visible" was the word which I suggested at the
conference. I do not know why it was not put in.
Mr. PUTNAM. I may say, Mr. Bethune, if you will permit me, Mr.
Chairman, that this question of notice was a long-discussed question
between the artist group and the committee of the reproduction group;
and they started, of course, at very opposite extremes. We understood
finally that they reached this point: That in the first place there
should be a notice. That was a concession on the part of the artist
group, who thought there ought not to be any notice except their own
name. That there should be a notice--that is, something to indicate
copyright, even if it should be only "C" within a circle--was insisted
upon by the reproducing group. So that it was agreed that there should
be something to indicate copyright. Where should it be?
Now, the present statute uses the term "visible;" but the reproducing
group said (if I am wrong, Mr. Bethune will correct me): "We do not
care that it shall be visible in the sense that he who runs may read
it. We do not care, even, that it shall necessarily be on the front of
the painting. It may be on the back of the painting. It must not be on
the frame, because the frame is a detachable thing. People's tastes as
to frames differ, and one collector likes one, while his successor may
prefer another, and he will change the frame, and with it goes the
notice. It must be on the thing itself"--that was their
contention--"but it may be on the back."
Now, if it is on the back, is the word "visible" descriptive? We
wanted to get some word that would indicate that it might be put in
some place where it could be found by somebody looking for it, and
that was the requirement of the reproducer that somebody with a
sincere desire, not with a malicious intention to appropriate it, but
with a sincere desire to find out whether it was copyrighted or not,
might find out with a reasonable search intending to look for it. That
was satisfactory to them and that was the endeavor in using the word
"accessible."
Now, it is that little doubt which Mr. Bethune has suggested to you.
Would it cover the back? And would it cover and prevent a case of
covering it up? The notice might be covered up. So he has suggested
the addition of the words "and uncovered," but the use of the word
"accessible" rather than the word "visible" was to endeavor to express
what we understood to be agreed to, as the agreed intention.
Public-domain text, read in full here on John Shaqi.
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