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 exception of "the original text of a book of foreign origin in a
language or languages other than English,"--drafted by the author of the
present volume, introduced at the instance of the American (Authors)
Copyright League, as the McCall bill with the assent of the
representatives of the typographical unions responsible for the
manufacturing provision,--was included to assure a real reciprocity in
copyright with continental and other non-English nations. The exception
is repeated toward the close of the section in the somewhat wider phrase
"books of foreign origin in a language or languages other than English,"
which omits restriction to "the original text"; but it is probable that
the second phrasing would be construed in conformity with the first, as
the evident intention of the law.
{Sidenote: Exception of foreign illustrative subjects}
The exception from lithographs and photo-engravings of subjects which
"are located in a foreign country and illustrate a scientific work or
reproduce a work of art" is intended to permit the importation, either
separately or for book use, of direct reproductions made abroad of
scenes or objects which otherwise could be reproduced in this country
only indirectly and at second-hand; the confusing and probably careless
use of the word "and" might seem to exclude from the exemption a
lithograph or photo-engraving of a natural scene, illustrating a work of
travel, but the courts might here feel justified in taking the more
liberal view.
{Sidenote: Affidavit requirement}
To the manufacturing provision of the previous law has been added a new
affidavit requirement (sec. 16) as follows:
"That in the case of the book the copies so deposited shall be
accompanied by an affidavit, under the official seal of any officer
authorized to administer oaths within the United States, duly made by
the person claiming copyright or by his duly authorized agent or
representative residing in the United States, or by the printer who has
printed the book, setting forth that the copies deposited have been
printed from type set within the limits of the United States 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, that such process was wholly performed within
the limits of the United States, and that the printing of the text and
binding of the said book have also been performed within the limits of
the United States. Such affidavit shall state also the place where and
the establishment or establishments in which such type was set or plates
were made or lithographic process, or photo-engraving process or
printing and binding were performed and the date of the completion of
the printing of the book or the date of publication."
{Sidenote: Avoidance of errors}
Public-domain text, read in full here on John Shaqi.
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