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 artist-author, by the labor of his brain and hand, produces three
classes of property right or a threefold value: he receives recompense
from the sale of the original work made by his hand, or from the
exhibition of it, or from the reproduction and sale of copies. The new
American code is perhaps in advance of legislation in any other country
in the protection of the artist, for it assures to him separate values
in the right to sell his work and the right to reproduce and sell
copies, neither one of which rights is necessarily transferred with the
other; it enables him to copyright his original work before the
reproduction of copies, though it does not make absolutely clear whether
the exhibition without restriction of an uncopyrighted work results in
dedication; and it protects his right to control and profit from
reproductions, with the simplest possible copyright notice, not
including date, though as to lithographic and photo-engraving
reproductions it requires manufacture in this country. The literary,
dramatic or musical author produces no value in the original work
itself, except as his fame may ultimately make his manuscript valuable
as an autograph, and in this respect the artist-author has an advantage
of practical importance in the general provision separating the
copyright from the right in the material object. On the other hand,
show-right or right of exhibition is not as specifically treated or as
clearly defined and protected as is playright or right of performance in
the case of drama or music.
{Sidenote: American provisions}
The copyright of works of the fine arts and cognate works is
specifically provided for in the code of 1909 by including as
subject-matter of copyright (sec. 5) the following divisions: "(f) Maps;
(g) Works of art; models or designs for works of art; (h) Reproductions
of a work of art; (i) Drawings or plastic works of a scientific or
technical character; (j) Photographs; (k) Prints and pictorial
illustrations." It is not intended to include under subsection (k)
labels or prints of advertising or commercial character which may be
registered as trade-marks under the Trade-Mark law in the Patent Office.
The proprietor of a work of art is given in addition to the general
rights (sec. 1, a) the specific rights (sec. 1, b) "to complete,
execute, and finish it if it be a model or design for a work of art."
{Sidenote: Copyright Office classification definitions}
The new Copyright Office Rules and Regulations, promulgated 1910, define
these classifications in the following language:
"11. _(f) Maps._--This term includes all cartographical works, such as
terrestrial maps, plats, marine charts, star maps, but not diagrams,
astrological charts, landscapes, or drawings of imaginary regions which
do not have a real existence.
"12. _(g) Works of art._--This term includes all works belonging fairly
to the so-called fine arts. (Paintings, drawings, and sculpture.)
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