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 American copyright law of 1909 prescribes exactly the method of
securing copyright, and makes clear the cases in which non-compliance
invalidates copyright. Previous to 1909 copyright was secured by
complying exactly with the statutory requirements of (1) the delivery to
the Librarian of Congress on or before the day of publication, in this
or any foreign country, of a printed (including typewritten) copy of
title or description of the work, (2) the insertion in every copy
published of the prescribed copyright notice, and (3) the deposit not
later (under the law of 1891) than such day of publication (earlier law
allowing ten days after publication) of two copies of the best edition
of a book or other article, or a photograph of a work of art (as to date
of deposit of which last the law was not explicit); and any failure to
comply literally and exactly with these conditions forfeited the
copyright.
{Sidenote: Present American basis}
The American code of 1909 substitutes an entirely different basis for
securing copyright. Copyright now depends upon (1) publication with the
notice of copyright, and (2) deposit of copies, these copies in the case
of books and certain other works to be manufactured within the United
States. The accidental omission of the copyright notice from "a
particular copy or copies" does not invalidate the copyright though it
may relieve an innocent trespasser from penalty as an infringer; but
failure to deposit within a specified time, or false report as to
manufacture, makes the copyright not valid.
{Sidenote: Provisions of 1909}
The general provisions as to formalities are as follows (sec. 9): "That
any person entitled thereto by this Act may secure copyright for his
work by publication thereof with the notice of copyright required by
this Act; and such notice shall be affixed to each copy thereof
published or offered for sale in the United States by authority of the
copyright proprietor, except in the case of books seeking _ad interim_
protection under section twenty-one of this Act"; and (sec. 10): "That
such person may obtain registration of his claim to copyright by
complying with the provisions of this Act, including the deposit of
copies, and upon such compliance the Register of Copyrights shall issue
to him the certificate provided for in section fifty-five of this Act."
{Sidenote: Publication}
Public-domain text, read in full here on John Shaqi.
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