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
Perpetual copyright is granted by the laws of other countries, Mexico,
Guatemala, Nicaragua and Venezuela, while in Montenegro, Egypt, Liberia,
Honduras, the Dominican Republic, Paraguay and Uruguay, which give
copyright protection without specific legislation under a crude civil or
common law enforced by the courts, the term is indefinite. A copyright
term extending eighty years beyond the death of the author is granted by
Spain, Cuba, Colombia and Panama. The French precedent of fifty years
after the author's death was followed by Belgium, Russia and the
Scandinavian countries, Hungary, Portugal and some others, and was
adopted by the Berlin convention as the international standard term; the
German precedent of thirty years beyond death was followed by Austria,
Switzerland and Japan, while the British precedent of seven years beyond
death or forty-two years from publication, whichever the longer, was
followed in many of the English colonies and in Siam. Italy has a
curious term of life or at least forty years after publication, with a
second period of forty years during which, though the exclusive rights
lapse, the author enjoys a royalty of five per cent on publication
price. Haiti has the curious term of the life of the author and twenty
additional years for widow or children, or ten years for other heirs. In
Holland fifty years or life, in Brazil fifty years from the preceding
January 1st, and in Greece fifteen years are specified.
{Sidenote: Special categories}
In many countries there are special terms for special categories of
works, as for anonymous, pseudonymous, and corporate works,
translations, photographs and telegraphic dispatches--the latter for a
stated number of hours.
IX
FORMALITIES OF COPYRIGHT: PUBLICATION, NOTICE, REGISTRATION AND DEPOSIT
{Sidenote: General principles}
Copyright may inhere as a natural right, as under English common law
before the statute of Anne, without record or formalities, but also
without statutory protection; or formalities may be required only as a
prerequisite to protection by actions at law; or formalities may be
required to validate and secure the copyright. English formalities
belong to the second class. American formalities are of the third class,
and without them copyright does not exist.
{Sidenote: Previous American requirements}
Public-domain text, read in full here on John Shaqi.
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