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
The use of the date of publication as the beginning of the copyright
term and the specification of twenty-eight years and twenty-eight years
for its duration, obviates questions as to anonymous and pseudonymous
works, composite works or works of joint authorship. The earlier drafts
of the bill, providing for a term through and beyond life, made the
lifetime of the last surviving author the basis for the term of
copyright on works of joint authorship. This method was interestingly
applied in the German courts, when it was held as to the opera "Carmen"
that Bizet's music was out of copyright, but that the libretto was
protected because one of its three joint authors was still living.
{Sidenote: Termination by forfeiture or laches}
A copyright is terminated _ipse facto_ by forfeiture as provided in the
act, either because of failure to deposit copies after notice from the
Copyright Office (sec. 13), or because of false affidavit of American
manufacture (sec. 17). It may also be terminated by _laches_, that is,
carelessness in protecting one's rights, as by omission of the notice,
unless by accident or mistake, from particular copies (sec. 20).
{Sidenote: Abandonment}
A copyright may be terminated by voluntary abandonment or purposed
dedication as well as by expiration, forfeiture or _laches_. Thus in
1854 Congress purchased for $10,000 the copyright of Sumner's new method
of ascertaining a ship's position, dedicated the method to general
public use, and extinguished the copyright. The Copyright Office has no
authority to recognize annulments, but it has noted request for
annulment when received on the registry. In 1910 the Oxford University
Press, American Branch, formally notified the Treasury Department that
they abandoned the copyright on Oxford Cyclopaedic Concordance
copyrighted by them in 1903, and collectors of customs were accordingly
authorized by circular letter of January 25, 1910, to permit importation
"of any copies of the said work with the notice of the copyright
obliterated, or a notice of the abandonment of the copyright plainly
printed upon the same page with the notice of copyright and adjacent
thereto." This last was a curious "boomerang" effect of the
manufacturing clause as extended to binding in the act of 1909.
{Sidenote: In England}
Public-domain text, read in full here on John Shaqi.
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