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 law provides that deposit copies shall be sent _promptly_ after
publication, and that _two complete_ copies of the _best_ edition then
published (or one copy in case of a contribution to a periodical or for
identification of a work not reproduced for sale) shall be deposited;
and if a work is published with notice of copyright, and copies are not
promptly deposited, the copyright is voided and the proprietor becomes
subject to penalty three months (or in case of outlying possessions or
foreign countries six months) after formal demand by the Register of
Copyrights for deposit copies. The word "promptly" is indefinite and has
been vaguely construed to mean "without unnecessary delay," but this
does not mean the very day of publication (C. O. Rule 22). The status of
undeposited works published with copyright notice and not formally
demanded by the Register of Copyrights, is also not defined by the law.
In such case the copyright has not been perfected by the completing act,
and it would be impracticable to proceed against an infringer, and the
proprietor might be liable to penalty for false notice of copyright. In
the event of such a case arising, through carelessness or otherwise, the
courts would have to decide the question by definition of the word
"promptly" and an interpretation of the implication that copyright is
voided, meaning that the right to obtain copyright lapses, if the
process is not completed without undue delay.
{Sidenote: Fragment not depositable}
The deposit copy must be the complete work; a fragment is not a work,
and a part of a work cannot be copyrighted, especially as this would
nullify the manufacturing clause, as set forth in the opinion of the
Attorney-General, February 9, 1910.
{Sidenote: Typewriting publication and deposit}
A work may be published and deposited in typewriting copies, as set
forth in the opinion of the Attorney-General of May 2, 1910, but this
will not operate to avoid the manufacturing clause when the work is
published in print.
{Sidenote: Legal provisions}
Public-domain text, read in full here on John Shaqi.
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