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
It is further provided (sec. 19): "That the notice of copyright shall be
applied, in the case of a book or other printed publication, upon its
title-page or the page immediately following, or if a periodical either
upon the title-page or upon the first page of text of each separate
number or under the title heading, or if a musical work either upon its
title-page or the first page of music: _Provided_, That one notice of
copyright in each volume or in each number of a newspaper or periodical
published shall suffice."
Although the code of 1909 relieves the copyright proprietor from
permanent forfeiture in the case of an accidental omission of the
copyright notice from certain copies (sec. 20), the statute is otherwise
specific, and there seems to be no means of relief where the copyright
notice is, however innocently, in the wrong place or in the wrong form.
Thus in 1909, in Freeman _v._ Trade Register, the U. S. Circuit Court
held that where the copyright notice of a periodical appeared on the
editorial page, which was not the first page of text, the copyright was
voided. The copyright notice can probably, however, be placed safely and
preferably on the first page, being the title-page, of a specially
copyrighted part of a book, as an introduction preceding a non-copyright
work or an index or appended notes, or upon specific illustrations; and
this is perhaps preferable in copyrighting editions with such features
of works otherwise in the public domain. In the case of articles in a
periodical or parts of a composite work separately copyrighted or
registered, the copyright notice should appear on the same page as the
title heading.
{Sidenote: One notice sufficient}
The proviso (sec. 19) that one notice of copyright in each volume or in
each number of a periodical shall suffice is complementary to the
provision (sec. 3) by which a copyright protects all the copyrightable
component parts of the work copyrighted, and gives to the proprietor of
a composite work or periodical all the rights he would have if each part
were individually copyrighted. It means that there need be no repetition
of the general copyright notice on different portions of a book or
periodical. In West Pub. Co. _v._ Thompson Co., under the old law, Judge
Ward, in the U. S. Circuit Court of Appeals in 1910, overruled the
defense that the copyright was not valid because the copyright notice
did not repeat the several copyright notices originally protecting the
several parts of the compilation; and this view, that the general
copyright notice protects all copyrighted and copyrightable parts, is
now specifically embodied in the statute.
{Sidenote: Separate volumes}
{Sidenote: Different dates}
Public-domain text, read in full here on John Shaqi.
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