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 definition in the act (sec. 62) of "the date of publication" as "the
earliest date when copies of the first authorized edition were placed on
sale, sold, or publicly distributed by the proprietor of the copyright
or under his authority" defines publication, and the clause (sec. 9)
requiring the copyright notice to be affixed to each copy "published or
offered for sale in the United States by authority of the copyright
proprietor" confirms the principle that the copyright proprietor cannot
be held responsible, nor can copyright be voided because of copies
"published," offered, sold or distributed without his authority. The
Copyright Office Rules and Regulations (23) add to the definition of
publication the parenthetical explanation: "(_i. e._, so that all
persons who desire copies may obtain them without restriction or
condition other than that imposed by the copyright law)." It is
questionable, however, whether this explanation does not go beyond the
letter of the law. In Stern _v._ Remick, in 1910, the U. S. Circuit
Court protected the copyright of a song, though only one copy had been
offered for sale and sold. Advance distribution to the trade or of
review copies would not constitute publication. While the law does not
prescribe first publication in this country, it is at least doubtful
whether a book published in another country prior to publication here,
unless protected by international copyright relations, has not fallen
into the public domain and thus forfeited copyright protection here.
{Sidenote: Copyright notice}
The first step in securing copyright, being publication "with the notice
of copyright" "affixed to each copy published or offered for sale in the
United States by authority of the copyright proprietor," the method and
form of this notice is of first importance. The act of 1909 provides
(sec. 18): "That the notice of copyright required by section nine of
this Act shall consist either of the word 'Copyright' or the
abbreviation 'Copr.,' accompanied by the name of the copyright
proprietor, and if the work be a printed literary, musical, or dramatic
work, the notice shall include also the year in which the copyright was
secured by publication. In the case, however, of copies of works
specified in subsections (f) to (k), inclusive, of section five of this
Act, the notice may consist of the letter C inclosed within a circle,
thus: (C), accompanied by the initials, monogram, mark, or symbol of the
copyright proprietor: _Provided_, That on some accessible portion of
such copies or of the margin, back, permanent base, or pedestal, or of
the substance on which such copies shall be mounted, his name shall
appear. But in the case of works in which copyright is subsisting when
this Act shall go into effect, the notice of copyright may be either in
one of the forms prescribed herein or in one of those prescribed by the
Act of June eighteenth, eighteen hundred and seventy-four."
{Sidenote: Previous statutory form}
Public-domain text, read in full here on John Shaqi.
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