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 requirement (sec. 9) that the notice of copyright "shall be affixed
to each copy published or offered for sale in the United States by
authority of the copyright proprietor" makes clear what was a subject of
dispute under the old law. The courts, however, generally held that
extraterritorial notice of copyright, _i. e._ on foreign editions, was
impracticable and unnecessary; and this view is specifically adopted in
the new code. In 1905, in Harper _v._ Donohue, it was held by Judge
Sanborn, in the U. S. Circuit Court, that the omission of the American
copyright notice from an English edition could not vitiate copyright
here, especially in view of the prohibition in the law of the
importation of foreign-made copies of copyright works. In 1908, in
Merriam _v._ United Dictionary Co., it was held by the U. S. Supreme
Court, through Justice Holmes, that even where the omission of the
notice on a foreign-made edition was with the assent of the American
copyright proprietor, there was no waiver of copyright in this country.
{Sidenote: Successive editions}
In the case of successive printings or editions of a copyrighted book,
the original copyright entry must appear in every reprint of the first
edition; and it would seem that this entry should also appear in every
new edition newly copyrighted, as well as the new notice, so long as it
is desired to protect the matter contained in the old edition. Judge
Clifford, in the U. S. Circuit Court, in Lawrence _v._ Dana, in 1869,
ruled this to be superfluous; but his decision is contrary to the rule
that a proprietor may not claim through the copyright notice a longer
term than the law permits, since a later date, referring only to new
matter, but apparently comprehensive of the whole contents, might be
voided under this rule. It is doubtful whether on a new edition with old
and new matter one copyright notice with two dates is safe, and the
wiser course is to give both the earlier copyright notice and the later
notice in proper sequence. In the case of new printings of works
published and copyrighted prior to July 1, 1909, no new notice or
application is required unless there is added material to be
additionally protected and constituting to that extent a new work, in
which case a new application and the deposit of two copies is necessary.
{Sidenote: False copyright notice}
Public-domain text, read in full here on John Shaqi.
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