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
It is evident that the methods for securing copyright for published
dramatic and musical works are in general the same, with exceptions
noted in this chapter, as for literary works, that is, publication with
copyright notice and registration with deposit promptly after
publication of two copies of the best edition then published, with a fee
of one dollar. Copyright in the specific sense is, however, of less
importance to the dramatic or musical author, as has already been
pointed out, than playright or performing right, which is also covered
and protected specifically by the code of 1909, though in less accurate,
definite and satisfactory provisions, involving in some respects serious
questions. The right at common law or in equity to prevent the copying,
publication or use of an unpublished work and to obtain damages
therefor, is specifically confirmed (sec. 2), and this applies
especially to unregistered manuscripts.
{Sidenote: Protection of unpublished work}
The method of registration of an unpublished work to secure playright or
performing right, as previously stated, is absolutely simple, consisting
solely in the registration of a claim and the deposit of one copy of the
work in manuscript or other unpublished form, with a fee of one dollar.
The law is clear and satisfactory as to the punishment, after such
registration, of infringement of playright or performing right, but it
is not clear as to the date from which such protection starts, and
whether protection is for an indeterminate period up to publication
(practically in perpetuity if no publication be made), or for the
statutory term. This is because the relations of publication and first
performance are inferences only and specifically defined in the law. The
Copyright Office issues a certificate for twenty-eight years, but
without reference to initial date, which would be presumably the date of
the certificate. The Copyright Office will doubtless, under this
precedent, issue renewal certificate for the second term of twenty-eight
years. The trend, and in several instances the letter of the law, shows
publication to mean the multiplication or reproduction of printed or
other copies and their public offering, sale and distribution, and
indicate that performance, whether privately or publicly and for profit,
is not publication. The new Copyright Office Rules specifically hold
that: "Representation on the stage of a play is not a publication of it,
nor is the public performance of a musical composition publication."
Judicial decisions on this point both in England and this country are
confusing if not contradictory. In the absence of specific provision in
the law for renewal of term in unpublished works, the view that the
grant of the statute is for protection under the common law rather than
a statutory and limited grant of privilege, is defensible and may be
upheld by the courts, should a case arise. No case is likely to arise
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