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 date of copyright notice, being that of publication, should
correspond with the imprint date on the original edition; but on later
printings or editions, where the date of imprint is changed, the
copyright notice would of course show the earlier date of the original
edition. Thus a book first published in 1911 could not bear copyright
notice of 1910 date, which would mean that copyright was registered
before instead of after publication, which is not possible under the new
law; nor should an edition of 1910 bear copyright notice of 1911, as the
application and notice should state the actual year of publication; and
the date of 1911 in imprint where the copyright notice is of 1910, would
be correct only on a later edition, as above stated. A book may be
printed, however, in a certain year and not published till a later year,
in which case the copyright notice would be of later date than the
imprint date; thus the Copyright Office registered in 1910, under the
new law, a copyright on a work with the imprint of 1904, on assurance
that though printed in 1904, the work was not actually published until
1910. Under the old law, where, as stated above, a copyright notice
later than the actual copyright was disallowed as claiming protection
beyond the copyright term, a later decision, in 1888, in Callaghan _v._
Myers, held, that where a copyright notice gave the year 1866, while the
true date was 1867, there was no harm done to the public, because a year
of the copyright, which really ended in 1895 instead of 1894, was given
to the public, whereas in the previous case an additional year was
claimed. Doubt was thrown upon this decision by Judge Wallace in
Schumacher _v._ Wogram, also in 1888. In Snow _v._ Mast in 1895, the
substitution for 1894 of the abbreviated '94, and in Stern _v._ Remick
in 1910, the use of words or Roman numerals for Arabic, were upheld.
{Sidenote: Accidental omission}
An important safeguard, new in copyright law, is enacted in the
provision (sec. 20): "That where the copyright proprietor has sought to
comply with the provisions of this Act with respect to notice, the
omission by accident or mistake of the prescribed notice from a
particular copy or copies shall not invalidate the copyright or prevent
recovery for infringement against any person who, after actual notice of
the copyright, begins an undertaking to infringe it, but shall prevent
the recovery of damages against an innocent infringer who has been
misled by the omission of the notice; and in a suit for infringement no
permanent injunction shall be had unless the copyright proprietor shall
reimburse to the innocent infringer his reasonable outlay innocently
incurred if the court, in its discretion, shall so direct."
{Sidenote: Place of notice}
Public-domain text, read in full here on John Shaqi.
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