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 new law does not specifically make clear the relation between the
exhibition of works of art and publication, or define whether or not
exhibition may constitute dedication to the public and thus prevent the
protection of the copyright thereafter. But in making copyright a
sequent to publication (sec. 9) and providing (sec. 2) "that nothing in
this Act shall be construed to annul or limit the right of the author or
proprietor of an unpublished work, at common law or in equity, to
prevent the copying, publication, or use of such unpublished work," it
makes it at least probable that the author of an artistic or cognate
work who simply exhibits, does not surrender the right to copyright. The
trend of the courts in recent decisions has been, as in the Werkmeister
case, cited below, to protect exhibited works, at least where any
reservation of rights could be construed into the circumstances of the
exhibition; but it is still uncertain whether the exhibition of a work
of art at a public museum where there is no regulation against copying
or reservation by the artist, might not constitute a dedication and thus
prevent later copyright.
{Sidenote: Protection of unpublished work}
In providing however (sec. 11) specifically "that copyright may also be
had of the works of an author of which copies are not reproduced for
sale, by the deposit, with claim of copyright ... of a photographic
print if the work be a photograph; or of a photograph or other
identifying reproduction thereof if it be a work of art or a plastic
work or drawing," it gives to the artist or the author of a cognate work
an easy means of protecting his production beyond question; and he is
not wise who neglects the simple precaution provided in the law.
{Sidenote: Copyright notice}
It is not made absolutely clear in the new law whether the copyright
notice must be attached to the original of a work of art; but again the
provision for protection is so simple that it is wise to take advantage
of the method of the law, by placing the copyright notice on the
original. The copyright notice may be in the form (sec. 18)
"'Copyright' or the abbreviation 'Copr.' accompanied by the name of the
copyright proprietor," the year of publication not being required in the
case of an artistic work. It is further provided that "in the case of
copies of works specified in subsections (f) to (k), inclusive, of
section five of this Act, the notice may consist of the letter C
inclosed within a circle, thus: (C), accompanied by the initials,
monogram, mark, or symbol of the copyright proprietor: _Provided_, That
on some accessible portion of such copies or of the margin, back,
permanent base, or pedestal, or of the substance on which such copies
shall be mounted, his name shall appear."
If the copyright notice is attached to the original, it is not made
clear whether it should be on the face of the work and visible to the
casual spectator; but again the wise artist will take an easy
precaution.
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