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
Dramatic and musical works are not mentioned in the manufacturing and
affidavit provisions (secs. 15, 16, 17) which are specifically confined
to "the printed book or periodical specified in section 5, subsections
(a) and (b)," while dramatic and musical compositions are classified in
subsections (d) and (e). It might be alleged that dramatic or musical
compositions in book form or produced as books from type or by
lithographic or photo-engraving process should be classified as books
and subjected to the manufacturing provisions; but this is distinctly
not the letter of the law. This exception was specifically upheld for
music in the case of Littleton _v._ Ditson in 1894, by Judge Colt in the
U. S. Circuit Court in Massachusetts, where the defense that there was
no copyright in certain songs because the music sheets were not from
type set or plates made within the United States, was overruled; and for
drama in Hervieu _v._ Ogilvie in 1909, where in the U. S. Circuit Court
in New York, Judge Martin cited with approval Judge Colt's decision.
This ruling was also embodied in Treasury decision No. 21012 of April
17, 1899, permitting the importation of musical compositions copyrighted
in the United States and printed abroad.
{Sidenote: British colonial practice}
The Australian law, on the contrary, specifically includes under the
definition of "book," a "dramatic work" and a "musical work," and thus
subjects both to the manufacturing clause. Printing and publishing are
required in Canada ("within one month after publication or production
elsewhere") and in Newfoundland to obtain copyright under the local
acts; and as drama is not mentioned but included generically as a book
or literary composition, and music is specifically included, both
dramatic and musical compositions must be manufactured within each
country to obtain local, as distinguished from British or Imperial,
protection.
{Sidenote: Entry under proper class}
{Sidenote: Applications and certificates}
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