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
But it seems that a foreigner may enter copyright in the work of a
citizen or resident author--it being foreign authorship, not ownership,
which the law refuses to protect, though this point has not been
judicially determined. Under the provision (sec. 62) of the new American
code giving copyright to an employer as author "in the case of works
made for hire," it would seem that a person entitled to make copyright
entry might, as an employer, obtain copyright on the work of an alien
employee not domiciled here and not otherwise entitled to enter
copyright; but it is probable that this construction would not extend to
a separate or separable work, as this would be contrary to the
principles adjudicated as above cited.
The complicated question of the ownership and the right to secure
copyright in translations from foreign works or into foreign languages,
under this international copyright provision, is covered under
translation in the preceding chapter on subject-matter of copyright.
{Sidenote: Proclaimed countries}
Under the provisions of the international copyright clause of 1891
Presidential proclamations have designated as countries with which the
United States has copyright relations (July 1, 1891) Belgium, France,
Great Britain and her possessions, Switzerland; (April 15, 1892)
Germany; (October 31, 1892) Italy; (May 8, 1893) Denmark; (July 20,
1893) Portugal; (July 10, 1895) Spain; (February 27, 1896) Mexico; (May
25, 1896) Chile; (October 19, 1899) Costa Rica; (November 20, 1899)
Holland and possessions; (November 17, 1903) Cuba; (January 13, 1904)
China--this treaty of October 8, 1903, protecting for ten years books,
maps, prints or engravings "especially prepared for the use and
education of the Chinese people," or "translation into Chinese of any
book," but leaving to Chinese subjects liberty to make "original
translations into Chinese"; (July 1, 1905) Norway; (May 17, 1906)
Japan--this treaty of November 10, 1905, also excepting translations,
and (August 11, 1908) additionally protecting Japanese relations in
China and Korea; (September 20, 1907) Austria, not including Hungary;
and (April 9, 1908) under the Pan American convention signed in Mexico
City, January 27, 1902, effective from July 1, 1908, Guatemala,
Salvador, Costa Rica, Honduras and Nicaragua.
{Sidenote: Under act of 1909}
Public-domain text, read in full here on John Shaqi.
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