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 was held by the Attorney-General January 27, 1910, that lithographic
reproductions of original paintings in the form of illustrated post
cards made in Germany, are subject to registration, provided the
original paintings may properly be classified as works of art; and thus
importation of such post cards would be permissible.
{Sidenote: Artistic merit unimportant}
While there must be originality in a work of art, especially under
English law, this means little more than a prohibition of actual
copying, and as in the case of literary and dramatic works, artistic
merit is of little importance.
{Sidenote: Application forms}
{Sidenote: Certificates}
The Copyright Office furnishes without charge application forms,
lettered as indicated, for the following classes of art works: (F)
published map; (G) work of art (painting, drawing, or sculpture); or
model or design for a work of art; (H) reproduction of a work of art;
(I) drawing or plastic work of a scientific or technical character; (J1)
photograph published for sale, (J2) photograph not reproduced for sale;
(K) print or pictorial illustration. Thus the applicant should send for
application blank (G), if for an original work of art, (H), if for a
reproduction, or the proper blank in the other specified cases. But it
should be noted that it is both unnecessary and undesirable to apply
separately under different blanks as (G) and (H), since the single
copyright on the original work covers reproductions. Certificates are
returned by the Copyright Office on receipt of the application form and
of the statutory fee of one dollar, covering the same specified
subjects.
{Sidenote: Term in unpublished work}
When an original work of art is copyrighted, but is not published by
reproduction of copies for sale or distribution, it is uncertain under
the law, as in the case of dramatic and musical compositions, from what
date the copyright protection runs and whether the sole right of
reproducing copies for sale terminates at the end of a statutory term
beginning with the registration of the original work or with its
publication by the reproduction of copies for sale. The Copyright Office
issues a certificate of the registration of the original work as
covering a period of twenty-eight years and will doubtless base a
renewal on the termination of this term; and only a court decision will
determine whether the copyright of the original unpublished work exists
in perpetuity until publication or whether the right to reproduce copies
for sale lapses with the termination of twenty-eight or fifty-six years
from the registration of the original work.
{Sidenote: Date not required}
{Sidenote: Re-copyright objectionable}
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