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
France requires deposit of two copies upon publication, and registration
is required prior to a suit for infringement. Germany requires the
registration of the name of the author of anonymous or pseudonymous
works as the condition for copyright, but otherwise grants copyright
practically as natural right without requiring formalities. The greater
number of copyright countries do not impose any formalities except for
specific privileges as the right of translation, of representation or of
reproduction in the case of periodical contributions; or for special
subjects as works of art, musical compositions, telegraphic messages,
where these are protected, and oral lectures. Deposit of copies is,
however, generally required, either before putting the book on the
market or before circulation, or upon publication, or else within a
specified time after publication, ranging from ten days in the case of
Greece to two years in the case of Brazil, while in several countries no
specific time is mentioned. In Italy, if no deposit of a registered work
is made within ten years, the copyright is considered to be abandoned.
The number of copies required varies in the several countries from one
to six. In some countries specific formalities are required to establish
the beginning of the term of protection for collective or posthumous
works, etc., or in connection with the disclosure of the author's name
on anonymous or pseudonymous works. Spain, Colombia and Panama, and
Costa Rica have a curious provision that if a work is not registered
within one year from publication the copyright is forfeited for ten
years, at the end of which period it may be recovered by registration.
Canada and Newfoundland, following the United States precedent,
Australia, Holland and the Dutch colonies, and Siam require manufacture
within the country. In several countries penalty for failure to deposit
is provided, the limit being usually the value of a book and a sum not
exceeding L5, or in France 300 francs. The deposit of a photograph or
sketch of a work of art is in many countries required for purposes of
identification.
{Sidenote: International provisions}
International copyright throughout the countries of the International
Copyright Union and the Pan American Union, if the Berlin and Buenos
Aires conventions are ratified throughout, will depend, as now it
depends for most countries, entirely on the formalities in the country
of origin.
X
THE AMERICAN MANUFACTURING PROVISIONS
{Sidenote: Manufacturing provision of 1891}
In the American law of 1891, embodying the "international copyright
amendment" which for the first time permitted the copyright in the
United States of works by foreign authors not resident in this country,
the copyright of books was conditioned on the manufacture within the
United States, and this condition was made applicable also to American
authors.
{Sidenote: Text in 1909 code}
Public-domain text, read in full here on John Shaqi.
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