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 American code of 1909 follows this precedent in making manufacture
within the United States a _sine qua non_ of copyright for printed books
and periodicals, lithographs and photo-engravings, under the following
provision (sec. 15), commonly cited as the manufacturing provision:
"That of the printed book or periodical specified in section five,
subsections (a) and (b) of this Act, except the original text of a book
of foreign origin in a language or languages other than English, the
text of all copies accorded protection under this Act, except as below
provided, shall be printed from type set within the limits of the United
States, either by hand or by the aid of any kind of type-setting
machine, or from plates made within the limits of the United States from
type set therein, or, if the text be produced by lithographic process,
or photo-engraving process, then by a process wholly performed within
the limits of the United States, and the printing of the text and
binding of the said book shall be performed within the limits of the
United States; which requirements shall extend also to the illustrations
within a book consisting of printed text and illustrations produced by
lithographic process, or photo-engraving process, and also to separate
lithographs or photo-engravings, except where in either case the
subjects represented are located in a foreign country and illustrate a
scientific work or reproduce a work of art; but they shall not apply to
works in raised characters for the use of the blind, or to books of
foreign origin in a language or languages other than English, or to
books published abroad in the English language seeking _ad interim_
protection under this Act."
{Sidenote: Scope and exceptions}
This manufacturing provision requires that every "book" except the
original text of a book of foreign origin, _i. e._, not by an American
writer in a language or languages other than English, or a book
published abroad in the English language seeking _ad interim_
protection, or a book in raised characters for the use of the blind, can
obtain American copyright whether by an American or foreign author, only
in case the type is set, the plates made and lithographic or
photo-engraving text or illustrations produced and the work printed and
bound within the limits of the United States--inclusive, presumably, of
the outlying dependencies. The provision extends to periodicals, though
these are not subjected to the affidavit clause, and periodicals
containing authorized copyrighted material are not prohibited from
importation. The provisions extend also to lithographs or
photo-engravings, issued separately as well as for book illustration,
unless these represent foreign subjects or illustrate a scientific work
or reproduce a work of art.
{Sidenote: Changes 1891-1909}
Public-domain text, read in full here on John Shaqi.
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