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
{Sidenote: Protection and procedure}
It was for the protection of copyrights that the statute of Anne was
passed and that statutory law thus began to replace English common
law--a gain to authors sadly offset by its losses. But it was
undoubtedly true that without statutory provision the proprietor of
literary and similar property could not obtain the protection necessary
for the enforcement of his rights. The new American code is
comprehensive, detailed and specific in its legal provisions for
protection and procedure, and in respect to punishment far beyond any
copyright legislation on the statute books of any other nation.
{Sidenote: Injunction}
The first protection given by the statute is the injunction usual in
equity proceedings, following the precedent of early legislation.
{Sidenote: Damages}
Under previous American law, damages were levied primarily on infringing
copies found in possession of the infringer or his agents, with the
unfortunate result that when an infringer was successful in selling his
edition, few, if any, copies were found on which to levy damages. The
new code thoroughly corrects this defect by providing for specified
damages on infringing copies "made or sold by or found in the possession
of the infringer or his agents or employees." The plaintiff is entitled
to damages and all profits and is required only to prove sales, while
the defendant is required to prove the elements of cost. The
damages--assessed as such and not as penalties so as to free copyright
litigation from the restrictions of penal proceedings--are stated as one
dollar for each infringing copy, except copies of a painting, statue or
sculpture on which they are ten dollars per copy; fifty dollars for each
infringing delivery of an oral work; one hundred dollars for the first
and fifty dollars for each subsequent infringing performance of a
dramatic, dramatico-musical, choral or orchestral work; and ten dollars
for each infringing performance of any other musical work. These damages
shall not be less than $250 or more than $5000 in any one case, with the
exception that for a newspaper reproduction of a photograph the minimum
shall be fifty dollars and the maximum two hundred dollars, a concession
insisted upon by newspaper proprietors.
{Sidenote: One suit sufficing}
Injunction, damages and profits, and delivery of infringing copies or
means of production, are covered in the single suit to protect the
copyright.
{Sidenote: Deposit of infringing articles}
Public-domain text, read in full here on John Shaqi.
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