Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
"(Sec. 45.) That the register of copyrights shall, upon payment of the
prescribed fee, record such assignment, and shall return it to the
sender with a certificate of record attached under seal of the copyright
office, and upon the payment of the fee prescribed by this Act he shall
furnish to any person requesting the same a certified copy thereof under
the said seal.
{Sidenote: Substitution of name}
"(Sec. 46). That when an assignment of the copyright in a specified book
or other work has been recorded the assignee may substitute his name for
that of the assignor in the statutory notice of copyright prescribed by
this Act."
It should be noted that this last provision, authorizing the
substitution of a name, is applicable only to the general copyright in a
work, and not to a divided right; otherwise there would seem to be more
than one copyright in the same work. The Copyright Office will, however,
record assignments of specific or divided rights without reference to
this power of substitution. Further assignment from one assignee to
another is permissible to any extent, and in cases of repeated
assignment of a general copyright there may be further substitution of
names.
{Sidenote: Witnesses}
There is no specific requirement as to the witnessing of assignments,
which would therefore follow the usual principles of law. This was,
however, an important question in England, and under the early English
statute the courts held that assignments must be in writing, attested by
two witnesses; the later statute of Victoria modified the language, and
the new English code requires assignment in writing signed by the owner
or his authorized agent, without specifying witnesses. But assignment of
common law rights (as in an unpublished manuscript) may doubtless be by
word of mouth.
{Sidenote: "Outrights" and renewal}
Where an author sells his entire rights "outright," he cannot transfer
the right to take out renewal, but he may directly or by inference bind
himself to apply for such renewal in the interest of the new proprietor.
Under such a contract, this proprietor could probably require him by
equity proceedings to take this step. Such a contract, however, would
not bar the author from his right to renewal under the copyright law and
through the Copyright Office, although it is possible that the courts
might enjoin an author from renewal or assignment of a renewed copyright
in the interest of another than the original assignee. It should be
noted that in the case of composite, corporate or like impersonal works,
copyrighted under the new code, renewal is not restricted to the
_original_ proprietor, though by analogy this should be the practice;
but that in the case of renewal of copyrights existing before July 1,
1909, and in extension of the present renewal terms, the use of the
phrase "such proprietor," referring back to "the original proprietor,"
does make such limitation.
{Sidenote: Proof of proprietorship}
Public-domain text, read in full here on John Shaqi.
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