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. LIVINGSTONE. Mr. Chairman, I simply wish to state two things in
contradiction of the last speaker. I stand here for a large
reproductive interest, and consequently we are speaking also from the
standpoint of the reproducer. We dissent very strongly from his
opinion and we support the bill in respect to notice as it now is.
That is all we wish to say now.
Mr. WEBB. You want the word "accessible" kept in just as it is now?
Mr. LIVINGSTONE. Yes, sir.
Mr. WEBB. What do you understand that to mean?
Mr. LIVINGSTONE. I understand that to imply that that notice must be
easily get-at-able in the painting or other object.
Mr. WEBB. Well, "accessible" means "get-at-able."
Mr. LIVINGSTONE. Yes, sir.
Mr. WEBB. But you have not got "easily accessible" in here. You have
got "accessible," simply, whether with difficulty or whether with
ease.
Mr. LIVINGSTONE. In the case of a painting or work of art it is very
easy--you can hardly conceive of a case where, if the notice is
accessible at all, it can not be obtained.
Mr. WEBB. Well, why should you object to the word
"uncovered"--"accessible and uncovered?"
Mr. LIVINGSTONE. Because if you include the word "uncovered" you then
impose some other conditions which are the result of that term, as,
for example, you may compel the notice to be on the face. I will give
a concrete illustration that is easily understood. Suppose you have a
very small miniature which is very delicately painted. You can not put
that notice across the face of the miniature, and yet you can take the
miniature in your hands and turn it over and find the notice in an
accessible place with ease.
Mr. WEBB. Do you think, though, that "accessible and uncovered" means
putting it on the front of the painting or photograph? Could it not be
on the back and be still uncovered on the back?
Mr. LIVINGSTONE. The painting may be hanging on the wall.
Mr. WEBB. It would still be uncovered.
Mr. LIVINGSTONE. Oh, not necessarily; no, sir.
Mr. WEBB. As far as the painting itself is concerned, I do not know
why you all quibble between "accessible" and "uncovered," and I did
not know what was the real difficulty between you on this word
"accessible." The word "visible" has been suggested.
Mr. LIVINGSTONE. Another case would be this: In certain kinds of
sculptures you could not possibly put that notice upon the face of the
sculpture without a serious marring of it, without a serious
impairment of its commercial value. The law even now takes cognizance
of this, and permits you, in those cases, to put it on the bottom or
on the back. It may not necessarily be uncovered, but it is
accessible.
STATEMENT OF PIRIE MACDONALD, ESQ., OF THE PHOTOGRAPHERS' COPYRIGHT
LEAGUE.
Public-domain text, read in full here on John Shaqi.
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