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
Where an author has sold "outright" all his right, title and interest in
his work, it is possible that this may estop him from application for
renewal or invalidate a renewal, but this question must be decided by
the courts when a case arises. It is important that any contract between
author and publisher should be clear and specific on this vexed question
of rights for the renewal term. No provision is made for notification of
renewal in the copyright notice, and therefore, after the expiration of
the original term, information must be sought from the Copyright Office
as to whether there has been renewal extension of the term. As it would
be hazardous to omit the original copyright notice or to replace it by
one giving the date of renewal, which might be construed to involve
claim of a longer term and thus defeat itself, it may prove the wiser
course to add to the official original notice, the unofficial notice
"Copyright renewed, 19__."
{Sidenote: Life term and beyond}
The international copyright convention, as modified at the Berlin
conference of 1908, adopted the term of life and fifty years,--previously
in force in France and fourteen other countries,--subject to adoption by
domestic legislation. A term of life and a specified number of years
after the death of the author, preferably fifty years for personal
works, and a term of fifty years for impersonal works, was advocated by
the American Copyright leagues and other friends of copyright and was in
the early drafts of the new copyright code.
It was pointed out that Emerson, Longfellow, Lowell, Whittier, Holmes
and others outlived their earlier copyrights; that Edward Everett Hale,
whose "Man without a country" did for this nation a patriotic service
scarcely second to that of the great generals of the civil war, had no
longer copyright in this work, although private soldiers, their relicts
and descendants, were still paid pensions; and that many others of our
foremost authors had been, or under the present system would be,
deprived of their created property within their lifetime. The term
advocated provides for the author and his children's children during the
probable minority of the grandchildren, a period to which the entail of
realty is limited by our laws. But the final decision of the
Congressional Committees was for the simpler, though in other respects
less satisfactory, period of twenty-eight years, as heretofore, with a
renewal period of a second twenty-eight years, under the limitations
above cited. No other countries, except Canada and Newfoundland,
following our example, have this double or renewal term.
{Sidenote: Unpublished works}
Public-domain text, read in full here on John Shaqi.
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