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 provision of 1909 differs from the provision of 1891 in requiring
that a book should be from plates type-set as well as made, and be
printed and bound, within the United States, in adding periodicals and
by omitting photographs and dropping the word chromo, and including
photo-engravings as well as lithographs. The inclusion of binding in the
manufacturing provision met with especial opposition, on the ground that
binding is not an integral part of, but an incidental addition to, a
completed book.
{Sidenote: German-American instances}
The effect of these provisions, to cite specific instances, is that an
original German text by a non-American author is exempt from the
manufacturing provisions, but that a French translation or an English
translation is not, and that an original German work by an American
author must be manufactured in this country to obtain protection, and
that the American author printing his work in English abroad may claim
_ad interim_ protection but can obtain no substantial benefit from it.
In case a German-American citizen, or German resident of this country,
writes a book in the German language and prints it first in Berlin, he
can have no American copyright in the German edition; and if copies of
such an edition, without copyright notice, should reach the United
States previous to manufacture and publication of the work here, any one
would have the right to reprint print it, and the work would be
practically dedicated to the public, while the copyright notice could
not be affixed to such foreign printed edition without violation of the
law. If, however, the German work were a translation made by or for the
author of a work written in English, the general copyright of the
English work would cover the German edition, but the German copies could
not then be imported.
{Sidenote: Dramas excepted}
A drama copyrightable as such under subsection (d) is not subject to the
manufacturing provision, unless classified as a book under subsection
(a). A printed drama was held not to be subject as a book to the
manufacturing provision in Hervieu _v._ Ogilvie, in the U. S. Circuit
Court, by Judge Martin in 1909, and this decision under the old law is
applicable to the new code.
{Sidenote: Exception of foreign original texts}
Public-domain text, read in full here on John Shaqi.
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