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
Under the provisions of the act of 1909, the President of the United
States issued a general proclamation, dated April 9, 1910, certifying
anew to the existence of reciprocal relations with the above-mentioned
countries, under the arrangements of the new act, as from its effective
date July 1, 1909. This accepted such relations as continuous and
uninterrupted, without the necessity of new treaties, with the effect
that international copyrights before July 1, 1909, were under the
arrangements of the act of 1891 and from and after that date under the
arrangements of the code of 1909. Luxemburg was added by proclamation of
June 29, 1910, and Sweden by that of May 26, 1911. Proclamations of
December 8, 1910, as to Germany, and June 14, 1911, as to Belgium,
Luxemburg and Norway, proclaimed reciprocal relations as to mechanical
reproductions.
{Sidenote: Buenos Aires convention}
The ratification of the Buenos Aires convention by the U. S. Senate,
February 16, 1911, has the effect of authorizing the President to
proclaim reciprocal relations with other countries which are parties to
that treaty, as each ratifies the convention.
{Sidenote: The new British code}
The new British measure specifies that "the author of a work shall be
the first owner of the copyright," except where an engraving,
photograph, or portrait is ordered for valuable consideration or where
work is done in the course of employment. The owner may assign the
copyright in writing, "either wholly or partially, and either generally
or subject to limitations to any particular country, and either for the
whole term of the copyright or for any part thereof, and may grant any
interest in the right by license"; in case of partial assignment, the
original owner and the assignee become respectively the owners of the
residual and assigned portions of the copyright. But any assignment,
except by will, becomes null and void twenty-five years after the death
of the author when the entire rights revert to his heirs.
{Sidenote: Foreign practice}
In general the statutes of most of the copyright countries designate
"authors" and their "assigns and heirs" as the persons who may obtain
copyright. The Australian law of 1905 defines "author" to include "the
personal representatives of an author." In certain countries the laws
specifically mention as persons who may secure copyright "joint
authors," "proprietors" in some countries and "publishers" in other
countries of anonymous and pseudonymous, posthumous or unpublished
works, periodicals and composite works, "corporate bodies,"
"translators," "editors, compilers or adapters" and "persons who give a
commission for a portrait or photograph."
VIII
DURATION OF COPYRIGHT: TERM AND RENEWAL
{Sidenote: Historic precedent}
Public-domain text, read in full here on John Shaqi.
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